ESA

Hello i am in WRAG which is due to run out 2nd of Dec, what are my options can i appeal to see if i can get put in support group, can i reapply for ESA, i won my DLA tribunal in may based on the medical report from my consultant if i can appeal can i send a copy

many thank

cde11 wrote:

Hello i am in WRAG which is due to run out 2nd of Dec, what are my options can i appeal to see if i can get put in support group, can i reapply for ESA, i won my DLA tribunal in may based on the medical report from my consultant if i can appeal can i send a copy

many thank

Hi c11,

You could make a late appeal of the WRAG award, if it is no later than 13 months after the decision, if you can show good cause. You would have to show that you qualified for the SG, at the time of the WRAG award though.

Or :

You can ask for a supersession (Review) to your WRAG award, if you can prove that your health conditions have deteriorated, or changed, and you feel that you now qualify for the SG.

See : Qualifying for the Support Group

You whole claim will be looked at again, and you will probably have to fill in another ESA50, and you may be required to have a "face to face assessment".

Failing that, when your CB ESA in The WRAG ceases, you should be assessed to see whether you are entitled to Income Related ESA. This will involve a "Means Test" of your household income, and you must not have assets or savings over £16,000 , see :

Asset rule for ESA(IR)

See also :

12 Month Limit for ESA(CB)

12 Month Limit for ESA(CB) – Implementation

&

Supersessions

bro58

Thanks when i rang DWP they said i could appeal or reapply for ESA after 12 weeks it is so confusing !!!

In addition to the options that bro has outlined, it is also possible for some people to claim ESA for a second year under certain circumstances.

The clamant needs to have been working, and paying NI contributions, pretty much until the time they first claimed ESA. They also need to completely discontinue the current claim for at least 12 weeks as otherwise the new claim will be linked to the old one and the 365 day limit applied.

If you think that this applies to you, I would strongly advise you to get expert, face-to-face advice as there could be unwelcome repercussions of ending the current claim

Where to get advice

Mrs Hurtyback wrote:

In addition to the options that bro has outlined, it is also possible for some people to claim ESA for a second year under certain circumstances.

The clamant needs to have been working, and paying NI contributions, pretty much until the time they first claimed ESA. They also need to completely discontinue the current claim for at least 12 months as otherwise the new claim will be linked to the old one and the 365 day limit applied.

If you think that this applies to you, I would strongly advise you to get expert, face-to-face advice as there could be unwelcome repercussions of ending the current claim

Where to get advice

Hi MHB,

Did you mean 12 Weeks, rather than "12 months"?

bro58

Hi c11,

Please see this explanatory post from Gordon, from 7 months ago :

www.benefitsandwork.co.uk/forum?func=vie...id=10&id=83840#83840

And further info, here :

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#78598

bro58