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ESA ending in April

  • smithy220
  • Topic Author
12 years 3 weeks ago #82653 by smithy220
ESA ending in April was created by smithy220
Hi guys,

As i have had previous brilliant advice from you before I was wondering if you could help me with this query.

I had a phone call today concerning my contribution based esa. I was told by the job centre that my benefit would stop on the 30th April as i would have been on it for 365 days.

My query is that I sent my esa50 back in November and as yet haven't heard anything back about a medical, the guy today said that it was because of the back log and i doubt very much whether i will hear anyway as i am so close to the year cut off. As my condition has got worse and i'm seeing my doctor weekly and i have currently been waiting since November to see a consultant (which is not my fault as i'm on a waiting list)is there a procedure that i can follow to appeal the ending of the esa? Or even apeal to be put into the support group? Do i follow the normal appeal process even though i haven't had a medical.

I know that i wouldn't qualify for income based esa and i'm a little stuck as to where i go now.

Any advice would be great.

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  • pete17971
12 years 3 weeks ago - 12 years 3 weeks ago #82654 by pete17971
Replied by pete17971 on topic Re:ESA ending in April
smithy220 wrote:

Hi guys,

As i have had previous brilliant advice from you before I was wondering if you could help me with this query.

I had a phone call today concerning my contribution based esa. I was told by the job centre that my benefit would stop on the 30th April as i would have been on it for 365 days.

My query is that I sent my esa50 back in November and as yet haven't heard anything back about a medical, the guy today said that it was because of the back log and i doubt very much whether i will hear anyway as i am so close to the year cut off. As my condition has got worse and i'm seeing my doctor weekly and i have currently been waiting since November to see a consultant (which is not my fault as i'm on a waiting list)is there a procedure that i can follow to appeal the ending of the esa? Or even apeal to be put into the support group? Do i follow the normal appeal process even though i haven't had a medical.

I know that i wouldn't qualify for income based esa and i'm a little stuck as to where i go now.

Any advice would be great.



Hi,

As the termination of WRAG ESA payments after 365 days (incl time in the assessment phase) is now set in law and not a DWP decision there is no right of appeal.

Pete
Last edit: 12 years 3 weeks ago by pete17971. Reason: spelling

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  • smithy220
  • Topic Author
12 years 3 weeks ago #82659 by smithy220
Replied by smithy220 on topic Re:ESA ending in April
Thanks pete,

Would it be then that i either go onto job seekers allowance ( if i qualify) or can i re-apply to go into the support group.

It seems very unfair and highly stressful that I am on so many strong painkillers, being monitored by a doctor weekly and being let down by a NHS waiting list that with just a quick phone call they can inform me that my money
will stop.
What am I going to do?

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  • pete17971
12 years 3 weeks ago #82661 by pete17971
Replied by pete17971 on topic Re:ESA ending in April
smithy220 wrote:

Thanks pete,

Would it be then that i either go onto job seekers allowance ( if i qualify) or can i re-apply to go into the support group.

It seems very unfair and highly stressful that I am on so many strong painkillers, being monitored by a doctor weekly and being let down by a NHS waiting list that with just a quick phone call they can inform me that my money
will stop.
What am I going to do?


Hi,

You maybe able to claim JSA if you are fit to be able to work, however it sounds like that may not be the case.

You can only appeal to get into the SG within one month of the DWP making a decision on your claim. As you are 'in the process' of waiting for a decision it maybe possible that you could be placed into the SG from the awaited decision. If so your ESA payments would continue from the date you were put into the SG.

If however if the decision is you remain in the WRAG your payments would stop. However you may appeal to get into the SG if you believe that is where you should be placed by meeting a SG descriptor (and not that you disagree with the system). If you are subsequently put into the SG any back monies should be paid to you.

What will probably happen is your payments will stop after the 365 days pending the decision on your current claim (to prevent a potential overpayment situation arising).

Pete

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12 years 2 weeks ago #82734 by Helga
Replied by Helga on topic Re:ESA ending in April
Hiya
I too have received the very blunt news today that my ESA will be stopped in April. No advice, no suggestions just quoted, "it's the law' (isn't that a catchphrase from a cartoon character?!).
I'm too tired and ill just now to worry and fight (again) and same as you, wouldn't get income related as I am married but know I have to. I was thinking of completing a new claim...is this possible or is there a 'waiting' time before you can re-apply (I wish my health would give me a 'waiting' time!).
On top of this, i am due a medical on saturday and wondering if I attend or not?
I still cant get my head around if my doctor and consultant say I am unfit for work and that doing so would put me at risk of exacerbating my condition, why i am not in the SG??
best wishes :)

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12 years 2 weeks ago #82737 by Gareth56
Replied by Gareth56 on topic Re:ESA ending in April
You can reapply for CB ESA if you think you have a good chance to get into the Support Group.

See this thread Here

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

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