- Posts: 64
× Members
ESA Appeal
- JLP
- Topic Author
- Offline
Less More
11 years 1 month ago - 11 years 1 month ago #102652 by JLP
ESA Appeal was created by JLP
I sent my appeal letter to the DWP on the 27.2.13 to appeal that I should be in the ESA support group, not the WRAG that I have been placed in now. In this letter I asked for the info they had on my claim. They sent a reply to this letter -CAP 23 on the 7.3.13 acknowledging my appeal request. They did not send the info that I asked for. I then wrote to them on the 19.3.13 to ask once again for this info. I worked out I would have one month from the 7.3.13 when the acknowledged my appeal.
So that I could get my appeal in on time I sent it signed for and included part of my appeal on the 27.313, with the form GL24. It arrived there on the 28.3.13
Last week they finally sent the ESA85A medical report form. Too late to help me.
Today the DWP phoned me to say they had "accepted my appeal". He said they had received 3 letters from me requesting the info. He said it was to be sent out to me.
My question is as it is now 16.4.13 well past the new rules, does the fact that they have phoned me today mean that I will not receive my ESA WRAG benefit and will be subject to the no money rule? or is it as I thought because my I wrote to them on 19.3.13 appealing it and they acknowledge it I am ok?
I should have asked the man who phoned me about my money, but I was shocked by his call and never thought to ask it.
Many thanks guys.
So that I could get my appeal in on time I sent it signed for and included part of my appeal on the 27.313, with the form GL24. It arrived there on the 28.3.13
Last week they finally sent the ESA85A medical report form. Too late to help me.
Today the DWP phoned me to say they had "accepted my appeal". He said they had received 3 letters from me requesting the info. He said it was to be sent out to me.
My question is as it is now 16.4.13 well past the new rules, does the fact that they have phoned me today mean that I will not receive my ESA WRAG benefit and will be subject to the no money rule? or is it as I thought because my I wrote to them on 19.3.13 appealing it and they acknowledge it I am ok?
I should have asked the man who phoned me about my money, but I was shocked by his call and never thought to ask it.
Many thanks guys.
Last edit: 11 years 1 month ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51219
11 years 1 month ago - 11 years 1 month ago #102655 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Appeal
JLP
The changes to the appeal process only affect PIP at this time, on the 29th they will include the Universal Credit, but as no one who is ill or disabled will be processed through the new system for ESA before October, it will have no impact until then.
It will not effect claimants receiving ESA who are not processed through Universal Credit.
As you are in the WRAG you will continue to receive the WRAG rate while appealing to the Support Group even if you were affected by these changes, which to be clear, you are not.
I hope this explains it.
Gordon
The changes to the appeal process only affect PIP at this time, on the 29th they will include the Universal Credit, but as no one who is ill or disabled will be processed through the new system for ESA before October, it will have no impact until then.
It will not effect claimants receiving ESA who are not processed through Universal Credit.
As you are in the WRAG you will continue to receive the WRAG rate while appealing to the Support Group even if you were affected by these changes, which to be clear, you are not.
I hope this explains it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
The following user(s) said Thank You: JLP
Please Log in or Create an account to join the conversation.
- JLP
- Topic Author
- Offline
Less More
- Posts: 64
11 years 1 month ago - 11 years 1 month ago #102656 by JLP
Replied by JLP on topic ESA Appeal
Gordon, I thought the appeal rate, or zero benefit applied to ESA? I thought thats how they were proposing to put people of appealing?
Last edit: 11 years 1 month ago by .
Please Log in or Create an account to join the conversation.
11 years 1 month ago - 11 years 1 month ago #102659 by
Hi JLP,
As Gordon has advised in his response, mandatory reconsiderations will not affect ESA recipients until October 2013, at the earliest, and may not even do so then.
Even if an ESA Claimant wanted to appeal a WRAG award to SG, mandatory reconsiderations would not result in them getting "zero benefit" anyway, as they would be entitled to WRAG rate ESA.
It would only affect claimants appealing a fit for work decision.
bro58
Replied by on topic ESA Appeal
JLP wrote: Gordon, I thought the appeal rate, or zero benefit applied to ESA? I thought thats how they were proposing to put people of appealing?
Hi JLP,
As Gordon has advised in his response, mandatory reconsiderations will not affect ESA recipients until October 2013, at the earliest, and may not even do so then.
Even if an ESA Claimant wanted to appeal a WRAG award to SG, mandatory reconsiderations would not result in them getting "zero benefit" anyway, as they would be entitled to WRAG rate ESA.
It would only affect claimants appealing a fit for work decision.
bro58
Last edit: 11 years 1 month ago by .
Please Log in or Create an account to join the conversation.
- JLP
- Topic Author
- Offline
Less More
- Posts: 64
11 years 1 month ago #102660 by JLP
Replied by JLP on topic ESA Appeal
Many thanks guys! good job your here!
Please Log in or Create an account to join the conversation.
Moderators: , Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris