Does ESA (WRAG) Get Paid During An Appeal?

I am being migrated from IB to ESA and have been placed in the WRAG without a medical or even contacting my GP which I specifically asked them to do.

We are trying to decide what to do as we feel I should be in the Support Group. I spoke to my GP today and she has said to definitely appeal and will fully support me.

My first ESA payment is the 20 January 2012, so if I appeal will I continue to get ESA until a decision is made, or 20 January 2013 if my Appeal has still not been heard.

Mandy155 wrote:

I am being migrated from IB to ESA and have been placed in the WRAG without a medical or even contacting my GP which I specifically asked them to do.

We are trying to decide what to do as we feel I should be in the Support Group. I spoke to my GP today and she has said to definitely appeal and will fully support me.

My first ESA payment is the 20 January 2012, so if I appeal will I continue to get ESA until a decision is made, or 20 January 2013 if my Appeal has still not been heard.

Hi M155,


You only have 1 month to appeal from the date of the letter informing you of your WRAG award.

If you decided to appeal, you would continue to receive the WRAG rate of ESA, either until the decision is changed at automatic reconsideration stage, or if not then, until the time of a decision by the Appeals Tribunal.

As it would seem you are new to the forum it may help to have a look at the following :

Welcome to Benefits and Work


Qualifying for the Support Group

Further there are sections on ESA, and appeals and any risk involved, in our FAQ's in the Spotlights Area above the forum, here :

FAQ’s

You can also access all our ESA Guides from here :

ESA Guides

bro58

Thanks for your quick reply and the links which I have had a look through.

Part of me wants to Appeal but another part of me is worried that I risk losing the ESA they have granted me, which presumably would also cost me my DLA.

If I accepted the WRAG decision, then when I lose this (after 12 months of receiving ESA) is it possible to re-apply and start the whole process again to try and get into the Support Group?

Mandy155 wrote:

Thanks for your quick reply and the links which I have had a look through.

Part of me wants to Appeal but another part of me is worried that I risk losing the ESA they have granted me, which presumably would also cost me my DLA.

If I accepted the WRAG decision, then when I lose this (after 12 months of receiving ESA) is it possible to re-apply and start the whole process again to try and get into the Support Group?

Hi,

As the law is worded at this time the answer would be no.

Once your period of 'paid wrag' is completed, if you fall within the mean test you can go straight onto 'income related' ESA.

If you will not pass the means test then generally you will need to re-qualify National Insurance wise by working in order to make a new claim to Contributory ESA.

Pete