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E.s.a. advice needed
- alan milner
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10 years 1 month ago #118519 by alan milner
E.s.a. advice needed was created by alan milner
Just about 12 months ago I was receiving Incapacity benefit. I went for an Atos medical and was declared fit. I appealed and was placed on ESA. I won my appeal and in December received all my back pay. I was placed on ESA with the work related activity component and awarded 21 points. I have now heard from the DWP that my benefit will be stopped in mid April. I also have to attend a work related interview next week. Is this correct and will I get any benefits.
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- Puccalove
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10 years 1 month ago #118528 by Puccalove
Replied by Puccalove on topic E.s.a. advice needed
It sounds like you are on Contributions Based ESA. This is a claim related to your N.I contributions. Unfortunately this is time limited to one year.
You have two options.
You can put in for a late appeal to be placed into the Support Group. You can explain you were not aware of this group and the time limiting of ESA to justify a late appeal. The support group criteria are outlined in the ESA guide.
If you do not think you fulfill any of these criteria you may be eligible for Income Related ESA. You should ask for an ESA 3 form. They will take into account savings that you have and your partners income if you have one.
Whilst you are still being paid and are in the WRAG you will need to attend WFIs to avoid sanctioning.
You have two options.
You can put in for a late appeal to be placed into the Support Group. You can explain you were not aware of this group and the time limiting of ESA to justify a late appeal. The support group criteria are outlined in the ESA guide.
If you do not think you fulfill any of these criteria you may be eligible for Income Related ESA. You should ask for an ESA 3 form. They will take into account savings that you have and your partners income if you have one.
Whilst you are still being paid and are in the WRAG you will need to attend WFIs to avoid sanctioning.
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- slugsta
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10 years 1 month ago #118531 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic E.s.a. advice needed
It appears that your username might be your real name. If you wish to change this, in order to amintain a degree of anonymity, you can do so by following the advice in this FAQ.
My full name is showing, how can I stop it?
These are the Support Group criteria that Puccalove mentioned above.
Qualifying for the Support Group
My full name is showing, how can I stop it?
These are the Support Group criteria that Puccalove mentioned above.
Qualifying for the Support Group
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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10 years 1 month ago #118541 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic E.s.a. advice needed
Alan
Just to qualify the advice already given.
If your current WRAG award is the result of an appeal that was decided by a Tribunal panel then you cannot submit a further appeal to be placed in the Support Group, unless that Decision was made within the last month. If this was the case then you can only challenge the WRAG Decision if you can show that there was an Error of Law in the proceedings, a first stage to this is to request a written Statement of Reasons, see
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If the Decision to place you in the WRAG was made by the DWP and not a Tribunal Panel then you can still lodge an appeal.
As a third option, if your condition has deteriorated since you were originally assessed and you can provide medical evidence to support this then you can request a re-assessment of your claim (Supersession) from the DWP, this will require you to complete a new ESA50 and to likely attend an assessment.
Gordon
Just to qualify the advice already given.
If your current WRAG award is the result of an appeal that was decided by a Tribunal panel then you cannot submit a further appeal to be placed in the Support Group, unless that Decision was made within the last month. If this was the case then you can only challenge the WRAG Decision if you can show that there was an Error of Law in the proceedings, a first stage to this is to request a written Statement of Reasons, see
Tribunals – Requesting a Statement of Reasons
What is an Error of Law?
If the Decision to place you in the WRAG was made by the DWP and not a Tribunal Panel then you can still lodge an appeal.
As a third option, if your condition has deteriorated since you were originally assessed and you can provide medical evidence to support this then you can request a re-assessment of your claim (Supersession) from the DWP, this will require you to complete a new ESA50 and to likely attend an assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- alan milner
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10 years 1 month ago - 10 years 1 month ago #118585 by alan milner
Replied by alan milner on topic E.s.a. advice needed
thanks for that. It appears that I am unable to appeal as the decision was made by the court and was made back in December. Just a complicated and difficult to understand system.
Last edit: 10 years 1 month ago by Gordon.
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- Gordon
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10 years 1 month ago #118586 by Gordon
The first thing to do is to see whether you are eligible for Income Related ESA because if you are you payments will continue.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic E.s.a. advice needed
animal59a wrote: thanks for that. It appears that I am unable to appeal as the decision was made by the court and was made back in December. Just a complicated and difficult to understand system.
The first thing to do is to see whether you are eligible for Income Related ESA because if you are you payments will continue.
ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: alan milner
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