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transfer from IB to ESA (WRAG) possible appeal

  • texmex
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #99887 by texmex
Hi Folks,

Just thought I'd let you all know, I appealed my WRAG decision back in December, my op was cancelled in Dec, but rescheduled at beginning of January. I had my WRAG interview at my local DWP office 4 weeks after my surgery, and the DWP personnel, stated that because I had been placed in WRAG, but was probably unfit for work for at least 2 years a new ruling had been made on the Friday before I was due to be interviewed and I would not have to attend any courses, but would possibly be reviewed again dependant on my appeal.

I received a letter this morning stating that they have reviewed my decision and I have now been placed in the Support Group. There is no mention of for how long etc, and I don't know if this will come in another more detailed letter in the next few days/weeks? Can anyone advise? If not would I be better asking for evidence in writing of the decision?

Thanks for any help on this.
Last edit: 11 years 1 month ago by bro58.

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  • bro58
11 years 1 month ago - 11 years 1 month ago #99896 by bro58

texmex wrote: Hi Folks,

Just thought I'd let you all know, I appealed my WRAG decision back in December, my op was cancelled in Dec, but rescheduled at beginning of January. I had my WRAG interview at my local DWP office 4 weeks after my surgery, and the DWP personnel, stated that because I had been placed in WRAG, but was probably unfit for work for at least 2 years a new ruling had been made on the Friday before I was due to be interviewed and I would not have to attend any courses, but would possibly be reviewed again dependant on my appeal.

I received a letter this morning stating that they have reviewed my decision and I have now been placed in the Support Group. There is no mention of for how long etc, and I don't know if this will come in another more detailed letter in the next few days/weeks? Can anyone advise? If not would I be better asking for evidence in writing of the decision?

Thanks for any help on this.


Hi tm,

Well done on being placed into The SG !!!

That is really good news. :)

It is not the norm to receive notification in writing of how long your ESA award should last before reassessment, without first requesting it.

You could ring the telephone number on your ESA SG award letter, they may have the expected length of The SG award on-screen,

You could write and request this information also.

bro58
Last edit: 11 years 1 month ago by bro58.

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  • texmex
  • Topic Author
11 years 3 weeks ago - 11 years 3 weeks ago #100134 by texmex
Hi,

I've just spent a 40 minute call to DWP to try to find out info re my decision for being placed into the SG and I am still no further forward.
Can I also ask, I know that my benefit is protected whilst in the SG, but if and when a review takes place, and I may be placed back into WRAG what would happen to Contribution based benefit. I've been told by DWP advisor that since my year on Contribution based ESA would finish in Dec 2013 (this was my change over date) that after December 2013 (say review date for SG if June 2014) if placed back into WRAG I would not qualify for Contribution based ESA. My understanding was that SG was protected and if after review the year Contribution based under WRAG would then begin? Can you clarify please?


Thanks for all your help
Last edit: 11 years 3 weeks ago by bro58.

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  • bro58
11 years 3 weeks ago #100135 by bro58

texmex wrote: Hi,

I've just spent a 40 minute call to DWP to try to find out info re my decision for being placed into the SG and I am still no further forward.
Can I also ask, I know that my benefit is protected whilst in the SG, but if and when a review takes place, and I may be placed back into WRAG what would happen to Contribution based benefit. I've been told by DWP advisor that since my year on Contribution based ESA would finish in Dec 2013 (this was my change over date) that after December 2013 (say review date for SG if June 2014) if placed back into WRAG I would not qualify for Contribution based ESA. My understanding was that SG was protected and if after review the year Contribution based under WRAG would then begin? Can you clarify please?


Thanks for all your help


Hi tm,

It looks like you may have to make a formal written request for the ESA Documentation using a SAR, which can be downloaded, filled in and printed off from this link :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

See also : www.ico.gov.uk/for_the_public/personal_information.aspx

After looking back at your previous posts, it seems that you were originally placed in The WRAG on being migrated over to ESA, and were not in receipt of CB ESA in The WRAG prior to this.

If that is the case, then as you were placed into The SG as a result of appealing the original WRAG award, then in effect the award of SG at the automatic reconsideration stage is a "Remaking" of the original WRAG award, and should be backdated to that time.

In other words, it will be as if you have never been in The WRAG in receipt of CB ESA, and you will still have 365 days entitlement to CB ESA in The WRAG, if you are placed in The WRAG at some future reassessment.

Have a look at :

12 Month Limit for ESA(CB)

Please re-post, if you are still unsure.

bro58

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