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Placed in support group after submitting apeal

  • noel
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #97721 by noel
First and most importantly I must say a very big thank-you to all the help and information that I have received from Benefits and Work, your guides are very informative and helpful. I would highly recommend you without hesitation to anyone who needs help and information with their ESA or DLA because I know from my experience that they would be in helping hands. I also wish to say that my subscription to this site is not for just when I need help but also for future information, which is why I shall always subscribe to Benefits and Work. Thank-you so much. I was migrated from IB to ESA contribution based and put in the WRAG, I appealed and the decision was changed in my favour, without going to tribunal, so put in the Support group. Where do I now stand with the 12 month limit for my ESA (CB) now that I have had the decision changed in my favour and now been placed in the Support group?
When my decision was changed, will Atos have been involved again with the appeal and if so will there be a new copy of the ESA85A for me to ask for, or will the new DM have just looked at the same information they already had to make the original decision on? Also because a new decision has been made in my favour, are there any documents or forms that I should ask for e.g. LT54, ESA114, ESA55, which might be of help to me with future assessments. Thank-you.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #97729 by Gordon

noel wrote: First and most importantly I must say a very big thank-you to all the help and information that I have received from Benefits and Work, your guides are very informative and helpful. I would highly recommend you without hesitation to anyone who needs help and information with their ESA or DLA because I know from my experience that they would be in helping hands. I also wish to say that my subscription to this site is not for just when I need help but also for future information, which is why I shall always subscribe to Benefits and Work. Thank-you so much. I was migrated from IB to ESA contribution based and put in the WRAG, I appealed and the decision was changed in my favour, without going to tribunal, so put in the Support group. Where do I now stand with the 12 month limit for my ESA (CB) now that I have had the decision changed in my favour and now been placed in the Support group?
When my decision was changed, will Atos have been involved again with the appeal and if so will there be a new copy of the ESA85A for me to ask for, or will the new DM have just looked at the same information they already had to make the original decision on? Also because a new decision has been made in my favour, are there any documents or forms that I should ask for e.g. LT54, ESA114, ESA55, which might be of help to me with future assessments. Thank-you.

It is not impossible that one of the ATOS in-house doctors, as opposed to those that do the assessments, may have been consulted, but they would not have produced a new report.

There should be an LT54 as this is used to document a Reconsideration and possibly an ESA72, as to whether your re-assessment date has been changed, you can ask the question, but as this date does not form part of the Decision, it is likely to still be as it was following your ESA85(A) being returned.

As you are now in the Support Group, you are not subject to the 365 day rule, and will continue to receive payments. If this was a new claim or you were transferred from another benefit, then the clock has been reset to zero. If this was a re-assessment, any previous time spent in the WRAG will still be counted, should you be placed back into the WRAG at some future re-assessment.

Thank you for your comments in regard to B&W :)

Gordon

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

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  • bro58
11 years 4 months ago #97733 by bro58
Hi N,

That's really good news !!!! :woohoo:

Thanks for your comments, and for letting us know. :)

bro58

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  • noel
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #97736 by noel
Thank you very much :)
Also could you help me as I have looked in the ESA forms list as to what to ask for and I cannot see ESA72 listed to explain what the form actualy is.
Thanks again.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago - 11 years 4 months ago #97737 by Gordon

noel wrote: Thank you very much :)
Also could you help me as I have looked in the ESA forms list as to what to ask for and I cannot see ESA72 listed to explain what the form actualy is.
Thanks again.


We are unsure on what basis an ESA72 is issued, although it does appear to be some sort of award notice, not everyone seems to have one completed. There is an example of one below.

www.whatdotheyknow.com/request/105182/re...10%20Interactive.pdf

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 4 months ago by Gordon.
The following user(s) said Thank You: noel

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  • noel
  • Topic Author
11 years 4 months ago - 11 years 4 months ago #97744 by noel
Thanks and hi again, I have read that much on your website that there is a lot of information to take in (which is a good thing). Am I right in thinking that I have read somewhere that once placed in the support group, when due for the assessment, is the onus on the DWP to prove that you are well enough to be placed in the WRAG or lose entitlement to ESA altogether.

Also which office would I ask for the LT54 and the ESA72, would it be the office that deals with my claim or the office where I had to send my appeal papers to ?

Thanks again .
Last edit: 11 years 4 months ago by bro58.

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