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esa 18weeks still no decision

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12 years 3 months ago #78678 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
hassled mum

You continue to receive your WRAG rate until a new Decision is made.

As we understand the legislation, the time limit rule is quite specific, once you have spent 365 days in the WRAG you lose your entitlement to ESA(CB).

Being in the Support Group does not exempt you from the time limit being applied, it just doesn't count towards the 365 days.

How this will be operated by the DWP will not be revealed until April, and will of course, also depend on whether a claimant is eligible for ESA(IR), however, if they are not, we expect all payments to stop to avoid creating a situation where a claimant would be required to re-pay monies paid.

Gordon

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12 years 3 months ago #78679 by pollenpath
Replied by pollenpath on topic Re:esa 18weeks still no decision
Is it not now the case (since the overturn in the Lords this evening) that people who are currently worried about the 365 days rule can relax for a further 365 days?! Or have I misinterpreted the ruling? I took it to mean the time limit will be extended by a year to two years. Hope that's right :cheer:

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12 years 3 months ago #78680 by Gordon
Replied by Gordon on topic Re:esa 18weeks still no decision
pollenpath wrote:

Is it not now the case (since the overturn in the Lords this evening) that people who are currently worried about the 365 days rule can relax for a further 365 days?! Or have I misinterpreted the ruling? I took it to mean the time limit will be extended by a year to two years. Hope that's right :cheer:

I'm afraid it is something of a pyrrhic victory :(

Yes, the Lords have voted an amendment through, but all this means is that the act has to be returned to the Commons for MPs to vote on it, as all of these amendments were were put forward in the original Commons debate, and thrown out, it is very unlikely, especially given the rhetoric of Lord Freud this evening, that they won't be a second time, resulting in the original 365 day limit being passed back to the Lords again.

Eventually, the Commons can force legislation through the Lords as they want it worded, and there is still time for this to be done before April.

Gordon

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  • stevie 69
12 years 3 months ago #78681 by stevie 69
Replied by stevie 69 on topic Re:esa 18weeks still no decision
Hi Carole,
I first claimed ESA at the end of July 2011 and as yet have not had a date for a medical assessment let alone getting dicision on my claim,sounds like I have a long wait maybe six months ahead of me,I figure it as being eleven weeks overdue just to get assessed at a medical.
A DWP lady got a bit tetchy when I discribed it as medical insisting it was a form filled in by a health professional on a laptop,from what i've heard on this forum and other places it could be done over the phone.
Here's hoping you get a dicision before the 365 days run out.
Gordon is right the gov seem determined to push this bill through whatever the cost.

good luck

steve

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  • carole
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12 years 3 months ago #78756 by carole
Replied by carole on topic Re:esa 18weeks still no decision
Hi Steve yeh its a long road ahead no matter which way we look at it :( ...At my medical they did the laptop thing but also tried to get me to do stuff I coudent do ie get on a very high xamination table etc beware ... :unsure:

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12 years 3 months ago #78794 by BrianSkye
Replied by BrianSkye on topic Re:esa 18weeks still no decision
I've been waiting 12 weeks now after submitting my ESA50 for the transfer from IB to ESA. Obviously from this thread I can't read anything into this, they're obviously overloaded.
I wonder if anyone cares about the degree of stress this causes us. Partly because of this I have had to go onto anti-depressants as I've started crying at inappropriate times. This is not a problem I've had before they put me under this stress.

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