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ESA QUERY

  • ANGELA ASPDEN
  • Topic Author
11 years 1 month ago - 11 years 1 month ago #101134 by ANGELA ASPDEN
ESA QUERY was created by ANGELA ASPDEN
Hi.

This is the first time I have used the forum, but I need some advice on CESA.

I was awarded CESA (Wrag) which ended in November 2012. Since then I received a review form which was to be completed an returned to ATOS, which I have done, but today I received a letter saying due to changes I am still not entitled to CESA but it does not say if this is due to my review form or just a general letter.

Although I was placed in the WRAG group, my condition has deteriated and now have been informed that i will not get any better and I am waiting to have an operation on my spine to remove some discs.

My question is I feel that I should be in the support group, but am aware there is a deadline, which I think has passed, but just wanted to know if there is anyway I could have another assesment/medical or similar so that I may be considered for the support group.

Sorry if this does not make a lot of sense, but difficult to explain.

Thanks in Advance
Angela
Last edit: 11 years 1 month ago by . Reason: Tick.

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11 years 1 month ago #101137 by Gordon
Replied by Gordon on topic ESA QUERY
AA

Welcome to the forum, the following FAQ explains where everything is.

Welcome to Benefits and Work

I notice you name may be your real name, if you want to change this, follow the instructions in the following.

My full name is showing, how can I stop it?

With regard your questions.

You say that your CESA ended in 11/12, was this because of the time limit of CESA for members of the WRAG?

Have you checked to you see whether you would be eligible for Income Related ESA?

Assuming your benefit was time limited, then you continue to receive NI Credits, which count towards a full State Pension, whilst you continue to have Limited Capability for Work. You should expect your LCW to be re-assessed on a regular basis, and it sounds like this is what this latest ESA50 was in connection with.

I am afraid you will need to check with the DWP as to whether this later Decision means that you are no longer eleigible for ESA or that you continue not to be entitled to payment.

If your CESA was stopped last year due to the time limit, then you will no be outside of the 13 month, maximum time limit, to make an appeal to be placed in the Support Group, however, providing you are still eligible for ESA (see above), if you can show that your condition has deteriorated, such that you now meet the criteria for the SG, then you can ask the DWP to re-assessed.

To be clear, you must provide evidence that evidence that you meet one or more of the SG criteria, I am afraid a condition that will not be any better or even one that may continue to deteriorate, will not result in you being placed in the SG. See

Qualifying for the Support Group

If you have any questions on the above or wich to add anything, then please reply to this post.

Gordon

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

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  • ANGELA ASPDEN
  • Topic Author
11 years 1 month ago #101141 by ANGELA ASPDEN
Replied by ANGELA ASPDEN on topic ESA QUERY
Hi

Thanks for the quick response. Just to clarify my CESA stopped in Novermber 2012 due to time limit. I did not have my ATOS meeting until April 2012, so I was unsure as what date I could appeal from.

I am not entitled to IR ESA as my partner works. I do receive DLA higher rate mobility and middle rate carer.

I have been awarded NI contributions. I just thought I would check and see if there was anyway I could be re assesed and what direction to go in.

Thanks

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11 years 1 month ago - 11 years 1 month ago #101154 by Gordon
Replied by Gordon on topic ESA QUERY

AS wrote: Hi

Thanks for the quick response. Just to clarify my CESA stopped in Novermber 2012 due to time limit. I did not have my ATOS meeting until April 2012, so I was unsure as what date I could appeal from.

I am not entitled to IR ESA as my partner works. I do receive DLA higher rate mobility and middle rate carer.

I have been awarded NI contributions. I just thought I would check and see if there was anyway I could be re assesed and what direction to go in.

Thanks


Just to be clear you are receiving NI Credits not NI Contributions, it is an important difference :)

And yes, as I indicated above, you can be re-assessed for the Support Group, but the burrden of proof lies wholely on you to prove your case and must be based on your meeting one or more of the criteria for the Support Group.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.

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