Won appeal for support group now taken away

Hi Derek

I have a decision letter dated Feb/2011 which I just thought was a standard update on my benefit and as I was appealing the first decision and I ignored it as I had not had a medical for this latest decision

Why do they make these things so confusing?

Hi Shelby1

Am I correct in thinking that while you were appealing the decision of May 2010 and claiming ESA at assessment rate, the DWP initiated a work capacity assessment (albeit without a medical) in Feb 2011, placed you in the WRAG and put the decision in writing, but your payments remained at assessment rate?

Derek

Hi Derek

While I was appealing I was recieving WRAG rate at £91.40 but the assessment letter in 2011 also states that the payment will be increased from the 12th April to £94.25 so I just assumed it was a letter telling me of the changes

Sorry Shelby, I forgot you were already getting the WRA component.

What I should have asked is, do you have anything in writing stating that the WCA has been applied and you have been found to have limited capacity for work in Feb 2011?

The letter you mentioned sounds like the standard letter telling you about the amounts rather than a decision.

Derek

Hi Derek

Yes it does look like a standard letter as I said, but the first line does say "We have looked at your claim again following a recent change" then goes on to give the amount I will be paid for being placed in the WRAG which I had already been in for the last year or so anyway.

That is the last letter I have had from them so I assume it is the decision letter?

Hi Shelby

I think the best thing to do is seek face-to-face advice and obtain all the documentation for your WCA of Feb 2011, which may contain an ESA65 and ESA85A.

It may have been preferable to appeal that decision at the time - hopefully a WRA will advise you. It does seem quite crafty for the DWP to reassess you while appealing.

Good luck

Derek