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Victory Leaves Bad Taste In Mouth
- Steve Blue
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But as the reconsideration from my dad's 2013 assessment has been granted at least things are back on track. There seems little point in pursuing the original appeal just to get the Support Group decision back dated to 2012. Yes, if won, there would be a little more arrears as the Support Group carries a higher rate payment, but we are not concerned with this. As my dad has been completely stressed out we're likely to close the appeal.
The benefits office have assured us that if we close this appeal it is our decision, and that closing it will have no negative affect on their 2013 assessment reconsideration decision which placed my dad into the Support Group.
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- Gordon
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The decision is of course your fathers, but from what I can remember of your previous posts, he has used up is 365 days of paid time in the WRAG, a successful appeal will re-establish this which may of value if he is moved to the WRAG in a future assessment.
Gordon
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- slugsta
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Gordon wrote: BB
The decision is of course your fathers, but from what I can remember of your previous posts, he has used up is 365 days of paid time in the WRAG, a successful appeal will re-establish this which may of value if he is moved to the WRAG in a future assessment.
Gordon
However, I can see your point if it is likely that your father will reach State Pension age soon and is unlikely to be reassessed before then.
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- Steve Blue
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- Gordon
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Bluebear wrote: You learn something everyday on this site. I was under the misconception that whenever you leave the support group you have 365 days in WRAG before your benefit stops. We'll wait until the letter arrives from the DWP to inform of there decision and get written confirmation on when his assessments will recommence in relation to his retirement date.
Being in the Support Group stops the count but does not reset it, claimants have only one period of 365 days within a contiguous claim, the count is only reset to zero if a new claim for ESA(CB) can be made which will require the claimant to re-qualify under the Contribution Conditions.
I can't see why they would re-assess him early, but the DWP can start a new assessment process at any time after three months have elapsed from a previous Decision, the re-assessment date is advisory and does not form part of the Decision.
Gordon
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- Steve Blue
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Gordon wrote: BB
The decision is of course your fathers, but from what I can remember of your previous posts, he has used up is 365 days of paid time in the WRAG, a successful appeal will re-establish this which may of value if he is moved to the WRAG in a future assessment.
Gordon
As listed in another post: my dad's hearing took place 25/04/14. A week later we received confirmation of my dad's win from the tribunal service, but at this point in time almost 3 months since the date of the hearing we've received NO word from the DWP.
We were hoping that the 365 days spent in WRAG would be reinstated in case my dad is moved into the WRAG group in the future, as the decision to not place my dad in the Support Group after his 2012 assessment has been proven incorrect at his tribunal.
I called the DWP this morning to confirm if they'd received word of the hearing result from the courts as we'd not heard from them, and whether my dad would get the 365 reinstated as my dad should have never been placed in the Support Group as per the tribunal service...
...but I was informed that these days cannot be reinstated.
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