ESA Appeal not been received

d4ccm wrote: Thanks all for your replies.
I have just received a call from my benefit office, confirming to me that a decision was made back in April 2013 to put in the WRAG. No one made any contact when this decision was made. This is the reason why Tribunal Services never received my appeal.
Glad it has been sorted out.

Hi d4c,

I have just read this after writing my previous post.

Even though you may have been placed into The WRAG, if you are being paid CB ESA only in The WRAG, payment of that will still cease on 08/03/14, after 365 days receipt. (from March 2013)

So the information regarding being assessed for IR ESA in my previous post, still stands.

Further, you can make a late appeal up to 13 months after an adverse decision, so you could still appeal The WRAG decision made in April 2013,(which should have been back dated to March 2013, the date of the original fit for work decision) to gain access to The SG.

bro58

d4ccm wrote: Thanks all for your replies.
I have just received a call from my benefit office, confirming to me that a decision was made back in April 2013 to put in the WRAG. No one made any contact when this decision was made. This is the reason why Tribunal Services never received my appeal.
Glad it has been sorted out.

Ok. Your appeal was lapsed because the DWP found in your favour at mandatory reconsideration. You should have been informed of this decision, in writing, as you might have wished to continue appealing for the Support Group. However, you were never informed of this decision.

Did your ESA payment go up at any timeafter the decision in March? You would have been getting the assessment rate prior to the new decision. If payments did go up, that should have been an indication that something had changed. If payment did not go up, you have some money owing to you!

Bro has posted links explaining the time limiting of WRAG. If you have no other income/savings, you might be entitled to income-related ESA. Otherwise payment will not recommence until/unless you are put into the Support Group at a future reassessment. Meanwhile, NI credits will be made on your behalf as long as you do not close this claim (and are not found 'fit for work' at a future reassessment).

You should have been informed that you had been placed in the WRAG so that you had a chance to appeal to be placed in the Support Group. If you had been placed in the SG your entitlement would not be running out after a year. This failure to inform you could justify you in persuing a late appeal. However an appeal will only be worthwhile if you feel you satisfy any of the Support Group descriptors. You should look at the guides to determine this. Your other option is to apply for income related ESA. You can look at the guides again to see if you qualify. The final option is JSA, they are supposed to take into consideration any health related needs but the requirements can be very demanding and sanctioning tough.

Puccalove wrote: The final option is JSA, they are supposed to take into consideration any health related needs but the requirements can be very demanding and sanctioning tough.

PL, the claimant was previously on IB and migrated to ESA. Surely he would not be entitled to contributary JSA, due to no NI payments, and would not get income-related JSA if not also entitled to income-related ESA?

You could apply for income related JSA but obviously if you qualified for that you would just apply for income related ESA so that was dumb of me!

Puccalove wrote: You could apply for income related JSA but obviously if you qualified for that you would just apply for income related ESA so that was dumb of me!

Not dumb at all! It can be difficult to keep track of all the elements of the different queries. Maybe I should have made my comment confidential so that you did not feel you have been 'picked up' in public