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ESA wrag - I didnt understand the implications

  • mckinkle
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12 years 2 months ago - 12 years 2 months ago #96117 by mckinkle
I just didnt get it. I thought it was a simple change of name from IC to ESA. I filled out everything and yet again had another medical - my condition isnt on the recognised problems list - and when I was awarded ESA - WRAG I didnt think another thing of it.
In my heart I WANT to work, my body doesnt agree though so having just started through the system of overviewing the Work Programme only today was I told that my ESA will stop in October 13. Hubby earns over the threshold so I will no longer be entitled to anything.

My world has again turned upside down as I am now told I need a legitimate reason to 'Late Appeal' - simply I did not understand it at all. I was naive to believe that having a degenerative spinal injury (after RTA in '89) and each year being more and more difficult to do what I did the previous year that I am now expected either to work (if only) or face a total financial melt down.

Please help me understand if I can appeal still as I genuinely did not realise the implications of them putting me in WRAG. I fear for my sanity if truth be told as I have had to battle at the offset but once medicals etc etc fell into place so did the benefits. Now I am numbstruck as to what the future may hold.

No where have I found another situation on this site where by a claimant is making a Late Appeal.

Please give me some hope?!
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago #96121 by Gordon
mckinkle

You don't say when the the transfer Decision was made, however, in principle you can make an appeal upto 13 months after the date of that Decision. You will need to provide Good Cause why your appeal is late which the the DWP acting on behalf of the Tribunal Service must accept, the good news is that they have been quite lax in regard to accepting late appeals for claimants that have been transferred to ESA.

You cannot appeal against your ESA stopping, only on the basis that you believe you meet the criteria for the Support Group, see

Qualifying for the Support Group

You need to be aware that there is a risk, albeit small to your existing award, should you appeal.

Is there any risk to challenging a decision?

See the following in regard to submitting an appeal

How to submit an appeal

Our ESA Appeal guide and Claim Guides, which are worth looking at even though you have already completed an ESA50 are on available on the following link

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have more questions, please reply to this thread.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • mckinkle
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12 years 2 months ago - 12 years 2 months ago #96130 by mckinkle
Hello Gordon,

Thank you SO much for the little ray of light you have given me.

On further investigation I was supposedly awarded 15 points across both physical and mental categories, it was supposed to be that I went into WRAG for 18mths however Job Centre are saying 12mths. Regardless now I know the implications I now realise I have to appeal.

My ESA started 13.10.12.

I am disheartened to repeatedly hear that the Support group is only for terminally ill and hospitalised people a) because Ive been a member here long enough to know thats hardly the case and b) as I know many people with ME who thankfully are neither terminally ill nor constantly inpatients and they are in the SG. The DWP are intimidating me into not appealing against their decision. I fear that my simple lack of understanding of what was happening to me will not be suffice reason to appeal 'late'??

I cannot repeatedly mobilise for 50m without sustained pain and exhaustion although I am as stubborn as an ox and try to; suffering the consequence later.

I really cant thank you enough for your prompt reply to my initial query as I really was desperate.

Keryn
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago #96136 by Gordon
mckinkle

It may well be that you won't be assessed for 18 months, but your ESA(CB) payments are now limited to 365 days whilst you remain in the WRAG.

As I said in previous post, the DWP are quite lax in allowing late appeals for transferees, however, without putting words in your mouth, you could say that you were told by the DWP call centre staff, that only the terminally ill could be placed in the SG, and it was only after you received further advice that realised that you could appeal :)

You may already be aware of this, but the mobilising descriptor includes the use of a wheelchair as well, so you will need to show that your limitations extend to this as well, and/or that it is not reasonable for you to us a wheelchair.

Gordon

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12 years 2 months ago #96137 by slugsta
You have been awarded ESA in the WRAG for 18 months, you will remain in the WRAG after your money stops after 365 days. That is why you have a discrepancy in the time you have been told for the length of your award. After your money stops (if you are not put into the Support Geoup meanwhile) you will continue to get NI credits and would expect to be reassessed around 6 months later.

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  • mckinkle
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12 years 2 months ago #96139 by mckinkle
Thank You Gordon, I hadnt thought of it that way, my head was just so full but that is exactly the way it happened. Thanks again.

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