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FROM SG TO WRAG 90 DAYS AGO - NOW LOSING BENEFITS!

  • pilotman
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12 years 8 months ago - 12 years 8 months ago #86361 by pilotman
Not sorted actually! Benefit stopped on 30 April. I have made 3 phone calls and also written explaining their error. I have been told today that I have had my 365 days on CB ESA. Can't believe it! I made my first claim in Sept 2009 (before knew about B&W) - had a medical in Jan 2010 and finally told I was fit for work. As my condition had deteriorated and I had new medical problems I claimed again in March 2010 (by now I was a member of B&W) - I was put into the Support Group without a medical. (I have to claim CB ESA as my wife works more than the allowable no. of hours). New ESA50 and medical in Jan 2012 - put in WRAG. I didn't appeal as I receive my state pension in March 2013, so thought I would be fine in WRAG until then. How wrong I was. So the only time I can see that they can count towards my 365 days is from middle of Jan 2012. They can't include my first claim, and the assessment period of my 2nd claim resulted in me being put in Support group. But obviously they know better. I found your PDF of how to make a complaint, so I don't see any point in trying to discuss this over the phone with them anymore and I feel all I can do is make a formal complaint. Has anyone else lost CB benefit wrongly since 30 April? They obviously don't know the new law very well. Thanks for all your support over the months. Can't wait to get my State pension and have a bit of peace - or is that too much to hope for?! :woohoo:
Last edit: 12 years 8 months ago by slugsta.

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12 years 8 months ago #86362 by slugsta
Were you paid ESA at the assessment rate the first time you claimed, until the time that the decision was made that you were not entitled to ESA?

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  • pilotman
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12 years 8 months ago #86370 by pilotman
Hi Mrs Hurtyback
Yes I was paid the assessment rate at the first claim. Is this what they will be counting?

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12 years 8 months ago #86379 by Gordon
Pilotman

I'm just trying to organise your claim dates.

Claimed 09/09
Decision 02/10? - found Fit for Work. Did not challenge the Decision. Claim closed.

Claimed 03/10 placed into Support Group.

Re-assessed 01/12 an placed into WRAG.

Assuming the above dates are correct.

At best I only make this 10 months not in the Support Group, and this assumes that your 09/09 claim is linked to your 03/10 claim, which given that that the first failed, should not be the case.

I woud contact the DWP and ask for a break down of the periods that are using for their calculation.

Gordon

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  • pilotman
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12 years 8 months ago - 12 years 8 months ago #86427 by pilotman
Thanks for the advice, and after speaking again to them this morning they advise me that my 2 claims are linked (but not explained why). They also say that they think I was not placed in the Support Group immediately after assessment period (which I think must be because they have my to 2 claims linked in error). But as you say, the first one finished with me being "fit for work" so should have no bearing on my time on CB ESA which followed my 2nd claim. I also asked them if they could look again at me being placed in WRAG from SG because nothing has changed and I am still in the same medical condition (except my eyesight is now better as I've had my cateracts removed and one of my dodgy knees has been replaced (although not 100% successful and still await the other one being done!) They have told me this morning, I think, that a reassessment will be done. However, I am now concerned that they may review it and take me out of WRAG completely and I'll then have no come back at all - at least at the moment I can write an official complaint about the 2 claims being linked, etc. I'm wondering if I've just made it all worse and I should have let sleeping dogs lie as regards me being placed in WRAG. I don't even know what day it is - when they return my calls I find it v. hard to concentrate on what I am being told! You really have to be fit and well to cope with all this - ha, ha!!
Last edit: 12 years 8 months ago by slugsta.

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12 years 8 months ago #86429 by Gordon
pilotman

I would ask them to write to you with the periods that they are using towards the 365 days.

My understanding is that the Linking Rules only apply where you have been found to have Limited Capability for Work (e.g. Unfit for Work).

Payments will only be re-instated if you are placed in the Support Group or you can show that you have not been in the WRAG whilst receiving ESA(CB) for more than 365 days.

Good luck

Gordon

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