ESA Appeals

Hi can anyone help with my problem.
I was put in WRAG in June 2011, but because of ill health i could not face appealing.
At the end of June 2012 a late apppeal on my behalf was lodged and accepted by JCP
My 365 days in WRAG runs out on 7th August 2012.On the FAQ it says that if you are appealing to be put into support group you continue to receive your benefit.However the JCP have told me that my payments will stop on 7th Aug, but that if i win my appeal i will receive my benefit backdated.Is this because you can only receive the payment while you are within the 365 day limit while appeal is going on.
Also when i attended my first WFI(1 year late)i was told that as i was classed as "old stock" because i had been on IB since 1995 i did not have to attend anymore interviews and could not be made to attend the work programme or courses.
Thanks Citymike.

Thanks Gordon
I understand answer re payment while appealing.
With regards to the WFI i must be lucky and have an understanding advisor.I have to say he was very pleasant and said he understood my problems re health issues.
CM

Sorry to be back so soon,i forgot to ask one more question.
Last saturday i received a bundle of papers from JCP re my late appeal.With the papers was a report by the DM who said that after reconsidering my claim she decided to keep the award the same,and said that i had not submitted any new evidence or information.However on the DWP website under making an appeal it states that before the DM looks at the claim again they will contact the claimant to ask if there is any new evidence or information to declare.I received no contact, and have new information and an appointment with my Dr next week for a report to send to the tribunal
Should the DM have contacted me before making a decision.
Thanks CM
,

citymike wrote:

Sorry to be back so soon,i forgot to ask one more question.
Last saturday i received a bundle of papers from JCP re my late appeal.With the papers was a report by the DM who said that after reconsidering my claim she decided to keep the award the same,and said that i had not submitted any new evidence or information.However on the DWP website under making an appeal it states that before the DM looks at the claim again they will contact the claimant to ask if there is any new evidence or information to declare.I received no contact, and have new information and an appointment with my Dr next week for a report to send to the tribunal
Should the DM have contacted me before making a decision.
Thanks CM
,

As the DWP are carrying out a supersession of existing ESA entitlement or transfer from IB to ESA, the burden of proof lies with the Department to deal with the totality of the evidence and it is not for the claimant to pursue the matter, although if new evidence is available which pertains to the date of the decision to place you in the WRAG, you are of course free to submit this evidence.

You could argue that by not obtaining the requisite evidence, the ESA decision maker failed to fully discharge the burden of proof when you were allocated to the WRAG. You could also contend that in order for a valid assessment to be made, the DWP through Atos should have asked that a "qualified" healthcare professional contacted your GP and/or consultant(s) before a final outcome decision was made on your ESA entitlement.

The DWP should be duty bound to gather all the relevant evidence in order to make a decision on your entitlement, otherwise they can leave themselves wide open on appeal to the charge that the burden of proof was not satisfactorily discharged to the extent that the decision cannot be allowed to stand.