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New to forum seeking help with ESA

  • sucharters
  • Topic Author
10 years 4 months ago #114511 by sucharters
New to forum seeking help with ESA was created by sucharters
Hi, I am new to the forum. I have been on IB and DLA since 1995/96. I was contacted earlier this year to fill out an ESA50 form and subsequently attended a WCA. All this was before I discovered this web site. The result of this is that I have been placed in the Work Related Activity Group.

This is were my confuion begins and I'm unsure about my options moving forward. Can anyone answer or point me to where I can get answers to the following questions:

1. As far as I can ascertain from the written statement of the decision, I have scored 0 points for the limited capability for work-related activity and therefore placed in the WRAG. I believe that this is wrong and I should have been placed in the support group. How does the points system for the WCA work? Is it cumulative or do you need to score 15 points in one of the categories? By my calculations based on the answers I gave on the ESA50, I should have scored at least 19 points but very possibly more.

2. In the WRAG I will get ESA for 1 year but, what happens after one year and I am still unable to work? Does my benefit just cease, or do I have to fill out another ESA50 and attend another WCA?

3. I believe I read somewhere that when in the WRAG you cannot be compelled to attend a job interview but you may face sactions if you do not attend the group meetings. Is this true?

4. Becasue of my disability I also recieve DLA at the higher rate in both categories. Does my WCA assessment result affect my DLA?

I was diagnosed with Rhueumatoid Arthritis in 1995 and told I should give up work as to continue would accelerate the damage to my joints. It affects my feet, knees hips and hands. I have subsequently been diagnosed with Osteoarthritis affecting my feet, hands and spine. On advice from my Rheumatology Consultant I also moved from a two story huse to a bungalow so as to avoid using stairs.

This whole process has caused me a great deal of stress to the point where I have been suffering panic attacks and the prospects for more of the same in the future fill me with dread.

Su.

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  • AaronL
10 years 4 months ago #114516 by AaronL
Replied by AaronL on topic New to forum seeking help with ESA
Hello
Here is my answer to each of the points you mentioned.

1. You need to score 15 points in total from any of the questions to be placed in the WRAG, it can be from any number of questions e.g. 6 on one descriptor and 9 on another descriptor. Or you can be placed in the WRAG under regulation 29 which means that the DWP feel there will be a substantial risk to your health if you are found not to have limited capability for work. To be placed in the support group you need to score 15 points on one question or be deemed to have limited capability for work related activity.
2. If they have placed you in the WRAG for 1 year then they should reassess you after a year and you would have to complete another ESA50 and attend a WCA.
3. They can sanction you if you don't attend a work focused interview.
4. No, it is a separate benefit and DLA is non-means tested

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10 years 4 months ago #114522 by Gordon
Replied by Gordon on topic New to forum seeking help with ESA
sucharters

Just to add to the good advice that Aaron has already posted, as you were on IB you will have been transferred to Contribution Based ESA, payments of ESA(CB) for members of the WRAG is limited to 365 days, so in addition to being re-assessed the DWP will also check your eligibility for Income Related ESA, which will be dependant on your household income, assets and savings and the hours that any partner works.

12 Month Limit for ESA(CB)

Gordon

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

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