Time to give up?

Hi. I have been on IB for many years after an industrial accident and enforced medical retirement from BT. Last September I was transferred to ESA (CB) in the WRAG without a medical (thanks to the help of this site) Advice at the time was to accept this, as appeal to get into the support group could backfire. Now I have been informed that my benefit will stop in September. I hadn't realised there was a 365 day limit. My condition is gradually deteriorating, but I have only two years left till state pension. I have had no contact regarding the WRAG at all. I would not qualify for ESA (ER) and Jobseekers is out of the question. Are there any steps I can take to receive benefits for my last two years?

Hi Dd,

Contributory ESA for those in the WRAG has been time limited for several years.

12 Month Limit for ESA(CB)
The only way you could recieve further Contributory ESA is if you were to be put into the Support Group as a result of any future reassessment (these will continue periodically even though you are no longer in rfeceipt of payment). If your condition has worsened since the date of the last decision, such that you now meet the Support Group descriptors, then you can ask for a reassessment yourself. The onus would be on you to show 1) that your condition has worsened and 2) that you now meet the Support Group descriptors.

Qualifying for the Support Group

edit - I'm not sure who advised you not to appeal against the WRAG decision? If you are still less than 13 months from this decision, and think you would have met Support Group descriptors at that time, you could try submitting a late appeal.

Do appeal if you can you have nothing to lose now

Hi Dd,

Just adding to MHB's good advice, as it seems that no more than 13 months have passed since the date of the adverse WRAG award, (circa Sept 2013) and as this adverse decision was made prior to 28/10/13, you can submit a late appeal using GL24 Form which can be downloaded from the link on this page :

How to submit an appeal

See also : Sending Documents to the DWP or ATOS

You will have to show "Good Cause" for the late appeal, this could be that you did not fully understand the complexities of The ESA two group system, and/or were given "bad" advice.

The DWP are generally pretty lenient on allowing late appeals for ESA.

See also :

How long do I have to appeal?

Is there any risk to challenging a decision?

You may wish to browse all our : Appeals FAQ’s

And our : ESA FAQ’s

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

See also :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

DRUK Factsheet - Appeals Hearings and How to Prepare for them.

&

MOJ Video of ESA Appeals Process and Tribunal

Once you submit the appeal, the adverse WRAG decision will undergo a reconsideration by a different DWP DM, if this reconsideration is unsuccessful, you will be informed in writing, and your appeal will automatically be sent forward to The Tribunal Service.

Remember, in order to be successful at reconsideration/appeal you will have to show that you should have been placed into The SG at the time of the adverse WRAG decision.

Any deterioration or change in your condition since that time will not be taken into account.

bro58