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esa wrag
- BeaverCat
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11 years 2 months ago - 11 years 2 months ago #118879 by BeaverCat
esa wrag was created by BeaverCat
Esa wrag have finished 365 days now i have ni contributions only but have received a letter showing me possible mandatory reconsieration but my tribunial appeal was on 10th oct 2013 so wouldn't this not apply im confused i was going to wait till the end of the award 2 years when i expected a new esa 50 to fill in again new to this sight help
Last edit: 11 years 2 months ago by slugsta.
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11 years 2 months ago #118882 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic esa wrag
Hi n and welcome to the site. This FAQ might help you find your way around
Welcome to Benefits and Work
I can understand your confusion - the time limiting of contributory ESA for those in the WRAG was enacted in law and is not appealable, so I don't know why you are advised about Mandatory Reconsideration.
Do you believe that you would be eligible for income-related ESA? This depends on the joint income/assets of you plus any partner you might live with and is not payable if your partner works for 24 hours a week or more. If you think you might qualify, you should ask DWP for an ESA3 form to complete.
Otherwise, the only way you would get any further ESA payments would be if you were put into the Support Group in future. You should expect periodic reassessments for as long as you remain on ESA.
While receiving NI credits only you are not required to participate in any work related activities.
As a side issue, it appears that your username might be your real name. If you wish to change this, in order to maintain an element of anonymity, you can do so easily by following the advice in this FAQ
My full name is showing, how can I stop it?
If you have any further questions please come back and ask them on this topic, it really does help us if everything is kept in one place. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now
Welcome to Benefits and Work
I can understand your confusion - the time limiting of contributory ESA for those in the WRAG was enacted in law and is not appealable, so I don't know why you are advised about Mandatory Reconsideration.
Do you believe that you would be eligible for income-related ESA? This depends on the joint income/assets of you plus any partner you might live with and is not payable if your partner works for 24 hours a week or more. If you think you might qualify, you should ask DWP for an ESA3 form to complete.
Otherwise, the only way you would get any further ESA payments would be if you were put into the Support Group in future. You should expect periodic reassessments for as long as you remain on ESA.
While receiving NI credits only you are not required to participate in any work related activities.
As a side issue, it appears that your username might be your real name. If you wish to change this, in order to maintain an element of anonymity, you can do so easily by following the advice in this FAQ
My full name is showing, how can I stop it?
If you have any further questions please come back and ask them on this topic, it really does help us if everything is kept in one place. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- songbird57
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11 years 2 months ago - 11 years 2 months ago #118886 by songbird57
Replied by songbird57 on topic esa wrag
I too was put into WRAG at the end of 2012 and was advised this was a good thing by someone at local money matters. I did not appeal as she said it was probably not going to do me any good. I was advised last November by my adviser at the job centre that I should ask for a reconsideration as my condition had worsened am now waiting to hear from DWP. In my opinion the whole scandalous ESA scheme is needing to be brought to the attention of Joe Public, I don't think anyone realises the effect it is having on genuinely sick people, especially those who have worked hard all their lives and retired due to ill health. My own GP knew nothing about being placed in a WRAG, I had to explain it to him when I asked him for a letter of support. He was genuinely appalled. If the medical profession know nothing about it then how are ordinary people supposed to? I have been wracking my brains trying to think of anyone in the media who would help publicise this as IDS and his cronies have no intention of ever helping us. Anyone with any ideas?
Last edit: 11 years 2 months ago by Gordon.
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11 years 2 months ago - 11 years 2 months ago #118888 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa wrag
Songbird
You say you have asked for a Reconsideration, you cannot overturn the original Decision because your condition has deteriorated, the DWP and the Tribunal Service, should it go to appeal, can only look at your condition as it was at the time the original Decision was made, any deterioration since then is excluded by law from being considered.
If the basis of your challenge is your deteriorated condition then you need to ask for your claim to be re-assessed, you will need to provide medical evidence that specifically documents the change which must substantially have occurred since the previous Decision.
Gordon
You say you have asked for a Reconsideration, you cannot overturn the original Decision because your condition has deteriorated, the DWP and the Tribunal Service, should it go to appeal, can only look at your condition as it was at the time the original Decision was made, any deterioration since then is excluded by law from being considered.
If the basis of your challenge is your deteriorated condition then you need to ask for your claim to be re-assessed, you will need to provide medical evidence that specifically documents the change which must substantially have occurred since the previous Decision.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 2 months ago by Gordon.
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- songbird57
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11 years 2 months ago #118889 by songbird57
Replied by songbird57 on topic esa wrag
Thank you for that Gordon. I have now come to the conclusion that very few people can understand ESA, it's such a complicated benefit. Will have to wait and see what happens.
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- BeaverCat
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11 years 2 months ago #118890 by BeaverCat
Replied by BeaverCat on topic esa wrag
Yes indeed having been through the hell of atos where like everyone else the report didn't bear any resemblance to the individual we decided on appeal after many months eventual tribunial totaly overwhelming but we won placed in wrag after been on incapacity for many years mainly mental issues so now recently passing 12 months deadline i wasn't sure what direction to take now condition is worsening but i appreciate all your help many thanks i will sit tight and wait till im reasesed then
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