ESA WRAG group and epilepsy

Hi
I am currently awaiting an appeal, migrated from IB to ESA WRAG without a medical, appealing to be placed in support group.
I have since found out that my father in law who suffers uncontrolled epilepsy which is a result of a car accident 3 years ago has had 2 medicals and been placed in the WRAG group as well, I thought he was in the support group! The jobcentre at his WFi 2 years ago told him they can not find any work for anyone with uncontolled epilepsy. This has only come to light as he has received a letter saying his CB ESA will stop in April.
How do they appeal now with regard to the support group! His partner is on state pension so they don't know how they can afford!
Any help would be gratefully recevied...thanks

In the first instance for further information about ESA appeals, please refer to the guide entitled "Employment and Support Allowance appeals" in the ESA resources.

Hi,
Thanks for the reply, but there is no mention of what to do when the 4 week deadline for the appeal is up in the resources?.Any ideas?
He was put in the WRAG group 18 months ago, so the appeal time is up now.
He didn't know what was happening or that there are 2 groups , WRAG or support group,
I'm presuming it would be best to wait till he receives another ESA50 form,
but something tells me they won't be reassessing him before April

Bamboozal wrote:

Hi,
Thanks for the reply, but there is no mention of what to do when the 4 week deadline for the appeal is up in the resources?.Any ideas?
He was put in the WRAG group 18 months ago, so the appeal time is up now.
He didn't know what was happening or that there are 2 groups , WRAG or support group,
I'm presuming it would be best to wait till he receives another ESA50 form,
but something tells me they won't be reassessing him before April

Hi B,

If you look at the information regarding a late appeal, on the GL24 form here :

www.dwp.gov.uk/docs/gl24dwp.pdf

It would seem that 13 months from the date of the award is the longest permissable time allowed.

The other alternative would be to request a review, if you felt that there was a change in circumstances, such as a deterioration of your father in law's condition, or new medical conditions.

However, there is a risk here, in that there would be a new ESA WCA process started.

If you were considering this option it would be prudent to seek face to face advice from CAB etc, who could properly risk assess the case.

bro58

Hi B,

With respect to the 12 months time limit of Contributory ESA.

If your father in law has had 365 days award of Contributory ESA WRAG by the time of the new legislation becoming law in April 2012, as the law is being enforced retrospectively his Contributory ESA would cease.

Therefore if a claimant gained entry to the Support Group after receiving the 365 days of Contributory ESA, the claimant would not receive any further Contributory ESA.

The only option then would be to see whether you were entitled to Income Related ESA, by passing the "means test".

If your father in law is presently in receipt of Income Related ESA, no such 365 day time limit is enforced.

bro58

Hi
Thanks very much for the advise, my father in law has over 3 fits a day plus periods of altered consiousness where he doesn't know where he is, can't cook etc, he gats DLA and can't have a car licence.
Am at present looking at the discriptors in the guides to see where on earth he went wrong but there doen't seem to be a support descriptor for Epilepsy so I'm just presuming he didn't explain himself
well enough at the medical.
Thnaks again