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esa 18weeks still no decision

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12 years 3 months ago #78846 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
Brian

Nothing has changed. Being in the Support Group and receiving means tested ESA(IR) are completely seperate.

Claimants are either in the Support Group or the WRAG.

Claimants either qualify for Contribution Based EESA or Income Related ESA.

The recent posts in this thread have been regarding the time limiting of ESA(CB) for claimants who have spent more than 365 days in the WRAG.

Hope this explains it.

Gordon

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

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12 years 3 months ago #78847 by BrianSkye
Replied by BrianSkye on topic Re:esa 18weeks still no decision
Thanks for that Gordon. I got the impression that some of the folks in this thread were in the support group and expecting to lose their benefit. I'm glad I was wrong. I'll just muddle along and wait to see if I'm going to ATOS or not :(

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12 years 3 months ago #78894 by Carrie
Replied by Carrie on topic Re:esa 18weeks still no decision
Hi. I am experiencing same problem. Still no reply after 3 months following reassment and request to be placed in SG (currently in WRAG), following deterioration of condition and further surgical treatments required this year. They must be in such a mess there at DWP and ATOS. Trouble is, it makes my anxiety worse, waiting and waiting .....,

Best wishes
Carina

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12 years 2 months ago - 12 years 2 months ago #81801 by hassled mum
Replied by hassled mum on topic Re:esa 18weeks still no decision
Hello, I am now on week 13 since returning m esa50 renewal, I have phoned a couple of times, ATOS and DWP but was told still in the pile. I received notification of rates of ESA payment from April 2012, they are it would seem the new wrag rates. my question is, I have already been in the wrag for over 12 months (contibution based) I assume that until they review my ESA50 I will continue to receive my allowance. I did wonder if it would automaticaly stop If when they review and I am put back into wrag. has the limit been extended from 12 months?(I did have a look through the news section to see if there was an update) If i am placed in the wrag I will be appealing for the support group (I am already on HRM HRC indefinate award for complex chronic physical medical problems),If I do appeal which level will i be left on whilst waiting, would it be the assessment level or the wrag level.
many thanks, hassled mum
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago #81806 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
HM

The Welfare Reform Bill is still in abeyance, the next action is a third debate in the House of Commons, but the date for this has still not been announced.

Also, we still have no visibility of the procedures the DWP will use when the Act comes into force, nor how quickly they will respond to a claimant exceeding there time in the WRAG or what notice they will provide.

There will certainly be a relatively large number of claimants affected on 6th April, who like yourself have already exceeded the time limit. My best guess, and it is a guess, is that claimants will receive two weeks notice that their payments will cease, I am not sure how you will be handled if there has still been no decision on your re-assessment, but I suspect that payment will still cease to avoid an over payment being made.

The situation is still not clear on how claimants will be handled who having exceeded the time limit, but subsequently qualify for the Support Group, but on the basis that the Goverment introduced the amendment to handle this situation, I'll assume it will be introduced, in which case, if you qualify for the SG your ESA(CB) will be re-instated and you will receive a back payment for any missed benefit.

If you are placed back into the WRAG and appeal for the SG, then I don't believe you will receive any payments, neither the WRAG rate or the Assessment rate as this will definitely create an overpayment situation.

I hope this explains it.

Gordon

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

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12 years 2 months ago - 12 years 2 months ago #81830 by Carrie
Replied by Carrie on topic Re:esa 18weeks still no decision
Hi all,
Sorry but I am still confused over the time limits for ESA. I was in the WRAG (CB) group and probably exceeded the one year limit. However, on re-assessment and a request to be placed in SG due to deterioration of condition and impending surgery, I was recently informed that I am now in the SG (CB). Will my money still be stopped?
Sorry, but my mental state not good and finding it hard to grasp what's going on, although, font think I am alone in this.

Best wishes
Carrie
Last edit: 12 years 2 months ago by Gordon.

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