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FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!
- Gordon
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12 years 8 months ago #86643 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!
Pilotman
Can you confirm, did you appeal the Decision in early 2010 (late 2009 claim), as in a previous post you state you were found Fit for Work, but made a new claim which placed you directly in the Support Group (e.g. no appeal).
Thanks
Gordon
Can you confirm, did you appeal the Decision in early 2010 (late 2009 claim), as in a previous post you state you were found Fit for Work, but made a new claim which placed you directly in the Support Group (e.g. no appeal).
Thanks
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- pilotman
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12 years 8 months ago - 12 years 8 months ago #86681 by pilotman
Replied by pilotman on topic Re:FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!
Gordon
We only realised the true sequence of events the other day when we looked back in my file in order to get dates to quote during our phone calls.
1st claim - advised fit for work on 12 /3/10 and immediately started appeal process by signing their one page form. Then discovered B&W website and came to realise that pursuing the appeal was useless as they would only use the med evidence from 1st claim. As mentioned before, condition worse and new conditions now very apparent so gathered medical evidence together (letters from docs and specialists) and completed a new claim which they must have received on 24/6/10. So appeal process was stopped. In 07/10 received letter advising payments stopped from 24/6/10 and a few days later received letter confirming receipt of new claim and payments to start from 24/6/10.
We only realised the true sequence of events the other day when we looked back in my file in order to get dates to quote during our phone calls.
1st claim - advised fit for work on 12 /3/10 and immediately started appeal process by signing their one page form. Then discovered B&W website and came to realise that pursuing the appeal was useless as they would only use the med evidence from 1st claim. As mentioned before, condition worse and new conditions now very apparent so gathered medical evidence together (letters from docs and specialists) and completed a new claim which they must have received on 24/6/10. So appeal process was stopped. In 07/10 received letter advising payments stopped from 24/6/10 and a few days later received letter confirming receipt of new claim and payments to start from 24/6/10.
Last edit: 12 years 8 months ago by Gordon.
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- pilotman
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12 years 8 months ago #86779 by pilotman
Replied by pilotman on topic Re:FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!
Sorry, perhaps didn't finish last post off properly - following 2nd claim I was placed straight into SG without a medical.
Any help and advise on how we can best write a complaint about the linking of the 2 claims would be greatly appreciated.
Any help and advise on how we can best write a complaint about the linking of the 2 claims would be greatly appreciated.
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- Gordon
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12 years 8 months ago #86785 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!
PM
I'm trying to put together a timeline for your claim.
??/09/09 - First claim for ESA
??/01/10 - Medical
12/03/10 - Found Fit for Work
??/03/10 - Appealed Decision
24/06/10 - New claim for ESA
??/07/10 - Appeal cancelled
??/07/10 - Put in Support Group
14/01/12 - put in WRAG
30/04/12 - ESA(CB) stopped
Based on these dates, if the two claims are linked, you have clearly had 365 days in the WRAG. The question is therefore whether it is legal to link the two claims, given that you appealed the Fit for Work Decision and Pete's view that this would have been counted as period of Limited Capability for Work, then there is reason to believe it might be true.
However, this is not a matter that can be resolved in the forum, you need to get face to face advice to allow someone to look at the documentation on your claims. I would recommend a Welfare Rights officer in preference to your local CAB as they should have a better understanding of the underlying legislation in this area. See
Where to get advice?
Good luck
Gordon
I'm trying to put together a timeline for your claim.
??/09/09 - First claim for ESA
??/01/10 - Medical
12/03/10 - Found Fit for Work
??/03/10 - Appealed Decision
24/06/10 - New claim for ESA
??/07/10 - Appeal cancelled
??/07/10 - Put in Support Group
14/01/12 - put in WRAG
30/04/12 - ESA(CB) stopped
Based on these dates, if the two claims are linked, you have clearly had 365 days in the WRAG. The question is therefore whether it is legal to link the two claims, given that you appealed the Fit for Work Decision and Pete's view that this would have been counted as period of Limited Capability for Work, then there is reason to believe it might be true.
However, this is not a matter that can be resolved in the forum, you need to get face to face advice to allow someone to look at the documentation on your claims. I would recommend a Welfare Rights officer in preference to your local CAB as they should have a better understanding of the underlying legislation in this area. See
Where to get advice?
Good luck
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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