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ESA renewal/appeal?

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10 years 1 month ago - 10 years 1 month ago #118218 by Bookworm11
ESA renewal/appeal? was created by Bookworm11
Hi
I've been on ESA in the WRAG since 2011 and I've been advised by the work adviser at Maximus work programme that I have 31 weeks left on this benefit. She said that as I've not been able to attend the centre for courses etc. though I haven't defaulted on anything, that I should look at getting into the support group. Her advice was to act now by writing a letter to the main Job Centre in Stratford to say that my condition is such that I should be in the support group with supporting information from the GP etc. plus send a copy to her and the local Job Centre. She said this would start the process to give us the time before the 31 weeks is up and she called it an appeal but I though you could only appeal within a month after the initial award is made. Is this right or how should we go about it, has anyone else done it like this? Any help would be good. My conditions are Fibromyalgia, chronic fatigue and endometriosis.
Thanks
Last edit: 10 years 1 month ago by slugsta.

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10 years 1 month ago #118228 by slugsta
Replied by slugsta on topic ESA renewal/appeal?
Hi B,

As you say, it is too late to submit an appeal as there is an absolute maximum of 13 months from the date of decision. However, if you can show that your condition has worsened in the meanwhile you can contact DWP and ask for a 'supersession' of the claim. This would trigger a new assessment with an ESA50 and possibly a face2face too.

If you cannot show that your condition has worsened since the original decision then your best bet will be to sit tight, I would not expect you to be reassessed in the foreseeable future as the process has ground to a halt (more information regarding this can be found here www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=100618 ). You need not worry about payment as ESA is actually on open-ended benefit and payment will continue until a new decision is made. I am assuming that you are in receipt of income-related ESA as contributory is paid only for 365 days for people in the WRAG.

If you have any further questions, please come back and ask them on this topic. You will find it easily in future if you bookmark it, or make it a favourite, on your web browser now :)

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10 years 1 month ago #118235 by Gordon
Replied by Gordon on topic ESA renewal/appeal?
Bookworm11

Just to jump in :)

Where does the 31 weeks come from?

If you have been in the WRAG since 2011 then you must be receiving Income Related ESA, this being the case your award is indefinite until a new Decision is made on your claim and even then, will only stop if you are found Fit for Work.

If you have been on the Work Programme for 1 1/2 years then you may be approaching the end of this placement, they are for two years, all that will happen is that you will then be seen by a JC+ advisor and not Maximus, you will still be in the WRAG and you will still be paid.

Gordon

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10 years 1 month ago #118239 by Puccalove
Replied by Puccalove on topic ESA renewal/appeal?
I suppose it could be 31 weeks until expected reassessment??? It is a shame work providers do not understand the benefits their clients are on!

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10 years 1 month ago #118242 by slugsta
Replied by slugsta on topic ESA renewal/appeal?

Puccalove wrote: I suppose it could be 31 weeks until expected reassessment??? It is a shame work providers do not understand the benefits their clients are on!


I completely agree with you on the last point! I would be surprised if the work providers know when the claimant is being reassessed, but it is not impossible.

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10 years 1 month ago #118331 by Bookworm11
Replied by Bookworm11 on topic ESA renewal/appeal?
Thank you for all your help . :)

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