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what would you do

  • srthomas
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11 years 9 months ago - 11 years 9 months ago #88485 by srthomas
what would you do was created by srthomas
Hi
I have been on contribution based ESA in the WRAG for the last two years, this April my payments were stopped except they pay my N.I.stamp ,as I receive a small works pension and my wife is in full time employment, which even though I did not like this payment been stopped I knew it was going to happen . Before my payment stopped I received another ESA50 questionnaire, which I was advised to complete, I then was asked to attend another medical , even though I have had two medicals before, again I was advised to attend as it might of put me from the WRAG group and in to the IB group.
I attended the medical and as my symptoms had not changed,I at least thought that the worst outcome would be is that I remained the same. How wrong was I even though in my last two medical I had scored 21 points I now scored 0 and was now refused ESA in any form.
My question’s are if I appeal and win and put in the IB group will I get any payments beside my NI stamp?, if they put me back in WRAG will I get any payments?f I lose will I get Job seekers payments?, and is it worth appealing and going though all the hassle? I’m 55 years old and as I have said before I get a works pension and my wife works, I also know I have enough stamps for my state pension ,i f I ever get it
It’s so annoying as I have worked 35years and from no fault of my own been forced to finish work due ill health and now been told that I now cannot claim anything even though I paid into the system just in case anything like this happened,
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #88488 by slugsta
Replied by slugsta on topic Re:what would you do
I'm afraid that I don't understand what you mean by the 'IB group'? Nevertheless, I will answer your questions to the best of my ability.

While on ESA, even if this is just for NI credits, claimants can expect regular reassessments. As you have found, it is possible to lose ESA even though your condition has not changed! When was your previous assessment? If it was prior to April 2011, this might be the reason for losing your ESA this time round as the descriptors changed after this date.

If you were to appeal and get put into the Support Group you would receive payment. If put back into the WRAG you would just receive NI credits as before.

Some people who have enough NI credits for their state pension decide that they do not wish to continue going through the ordeal of constant reassessments and drop their claim for ESA. However, it is important to remember that access to the Support Group would be possible in the future, if your condition worstened, only if your ESA claim is unbroken - this is significant for people suffering from degenerative conditions in particular.

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11 years 9 months ago #88490 by Gordon
Replied by Gordon on topic Re:what would you do
SRT

If you win an appeal and you are placed in the Support Group your payments will be re-instated and will continue while you remain in the SG.

If you are placed in the WRAG, then you will not receive payment, but will be eligible for NI Credits which count towards you receiving a Full State Pension, typically you need 30 years of NI Credits for this. If at any time in the future your condition deteriorates and you then meet the Support Group criteria, then you can ask to be re-assessed, if you close your claim, then you will not be able to do this.

If you do not appeal or your appeal fails, then you may be able to claim JSA, however, eligibility is substantially the same so if you are unable to re-claim ESA(CB) due to lack of NI Contributions, or ESA(IR) because of the means test, then it is unlikely that you will qualify for JSA.

Gordon

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11 years 9 months ago - 11 years 9 months ago #88554 by benefits61
Replied by benefits61 on topic Re:what would you do
Im in the same position, good luck, I will appeal anyway give them more paperwork!!I think there must be a lot of us out there, convienietly placed in a group where they dont have to bother with us too much but dont have to pay us either. We somehow need to get together via this site.
Last edit: 11 years 9 months ago by Gordon.

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  • srthomas
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11 years 9 months ago #89210 by srthomas
Replied by srthomas on topic Re:what would you do
thanks for all the info, I have decided to appeal as I have nothing to lose, just one question I sent in the appeal form and have had a text message to say that they have recieved it, is this normal? or should I have a written reply ?

again thanks to those that replied to my original question.

Steve

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11 years 9 months ago #89211 by slugsta
Replied by slugsta on topic Re:what would you do
This is the first time that I have heard of anyone getting an acknowledgement via text message. I don't know whether any other mod's have experience of this.

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