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CB ESA time limit and appeal

  • pussycat1961
  • Topic Author
12 years 3 weeks ago #82567 by pussycat1961
CB ESA time limit and appeal was created by pussycat1961
Hi,
I started on CB ESA in March 2010, I was found fit for work in June 2011 and benefit was stopped so I appealed and benefit was reinstated at the assessment rate. Im still waiting for my tribunal.
My question is as my benefit was technically stopped in June last year, having been on the assessment rate since then, how would the time limit affect me? as I haven't been in receipt of ESA since June last year. I have had no notice to say my benefit will stop in April. Would the fact that my esa (wrag)had been stopped still count towards the one year limit?

Thanks,
Anne

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12 years 3 weeks ago #82593 by slugsta
Replied by slugsta on topic Re:CB ESA time limit and appeal
Hi, I believe that time spent in the assessment phase (or paid at the assessment rate whilst awaiting appeal) counts towards the 365 day limit, I'm afraid.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • pussycat1961
  • Topic Author
12 years 2 weeks ago #82708 by pussycat1961
Replied by pussycat1961 on topic Re:CB ESA time limit and appeal
Hi,
Yes the assessment rate is included in the one year time limit but the time limit only applies to those in the wrag group. I read this on the dwp gov site. There is no mention anywhere of if the time limit applies to those not in any group such as myself.
I have been told my tribunal could be more than four months away so Im assuming that as I haven't heard from the DWP about the time limit yet, it's because I am not in the wrag group so am totally confused and worried about whether my benefit will stop.

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