placed in support group but still no money

Hi everyone. I don't know what to do anymore. Brief history:-
Originally on IB for some years.
On migration to ESA failed WCA with only 6 points in August 2012.
Payments cease 28 Sept 2012.
Appealed and heard in May 2013 and awarderd 18 points and placed in WRAg for 2 years (at time did not realise about 365 day rule so happily thought my probelms were over) !
Took until August 2013 to get payments reinstated and backdated to August 2012.
End of August 2013 get letter saying 365 day limit - payments will stop on 28th Sept 2013.
Do not Qualify for IR ESA.
Absolutely confused and found out from this forum about requesting supersession as condition deteriorated which would place me in Support Group if successful.
Made appointment to see GP to get supporting evidence for supersession request but had to wait almost 4 weeks for first available appointment.
2nd October2013 send letter to DWP asking for supersession enclosing medical confirmation from GP that condition deteriorated.
Sent an ESA50 by DWP to complete by 5th November 2013.
Returned ESA50 end of October 2013.
Finally invited for WCA by ATOS (after MP intervened) on 17th April 2014.
Attended WCA as required.
No communication of decision outcome from DWP after 1 month so asked MP to chase up.
Told today by MP thatb I had been successful in being put into support group after assessment.
However, apparently, the DWP will only now pay me if I complete an ESA1 which requires means testing information among other things which I will not qualify for IR ESA.
Reason:- Apparently because my ESA CB payments stopped on 28 September 2013 and they did not get request for supersession until 5th October.
Therefore I have gone through all this only to end up as being in Support Group but not being paid anything as I wont qualify for IR ESA.
Is there anything I can do...I am at my wits end. I wont qualify for IR ESA now and didnt last September so I need not have bothered. I fail IR ESA on assets by the way, not disposable or realisable as income.
It seems so unfair. Please help.

beepeez wrote: Hi everyone. I don't know what to do anymore. Brief history:-
Originally on IB for some years.
On migration to ESA failed WCA with only 6 points in August 2012.
Payments cease 28 Sept 2012.
Appealed and heard in May 2013 and awarderd 18 points and placed in WRAg for 2 years (at time did not realise about 365 day rule so happily thought my probelms were over) !
Took until August 2013 to get payments reinstated and backdated to August 2012.
End of August 2013 get letter saying 365 day limit - payments will stop on 28th Sept 2013.
Do not Qualify for IR ESA.
Absolutely confused and found out from this forum about requesting supersession as condition deteriorated which would place me in Support Group if successful.
Made appointment to see GP to get supporting evidence for supersession request but had to wait almost 4 weeks for first available appointment.
2nd October2013 send letter to DWP asking for supersession enclosing medical confirmation from GP that condition deteriorated.
Sent an ESA50 by DWP to complete by 5th November 2013.
Returned ESA50 end of October 2013.
Finally invited for WCA by ATOS (after MP intervened) on 17th April 2014.
Attended WCA as required.
No communication of decision outcome from DWP after 1 month so asked MP to chase up.
Told today by MP thatb I had been successful in being put into support group after assessment.
However, apparently, the DWP will only now pay me if I complete an ESA1 which requires means testing information among other things which I will not qualify for IR ESA.
Reason:- Apparently because my ESA CB payments stopped on 28 September 2013 and they did not get request for supersession until 5th October.
Therefore I have gone through all this only to end up as being in Support Group but not being paid anything as I wont qualify for IR ESA.
Is there anything I can do...I am at my wits end. I wont qualify for IR ESA now and didnt last September so I need not have bothered. I fail IR ESA on assets by the way, not disposable or realisable as income.
It seems so unfair. Please help.

Hi b,

As I understand your post, you were placed into The WRAG as the result of submitting an appeal after being found fit for work as of 28/08/12.

This WRAG award was therefore backdated to the time of the original adverse fit for work decision. (28/08/12)

The WRAG award was given with a 2 year prognosis, i.e. 28/08/12 to 28/08/14, therefore you would be classed as having Limited Capability for Work (LCW) for that 2 year period.

Due to you being in receipt of CB ESA in The WRAG, after 365 days, payment of CB ESA ceased on 28/08/13.

After this date, as you were not entitled to IR ESA, you would have received NI Credits only and still classed as LCW in receipt of a nil rate award.

Therefore, even though your "payments" of CB ESA ceased, you would still be classed as LCW.

As long as you did not close your ESA claim before requesting the supersession, you would have a "continuous" assessment of LCW.

Therefore, as you had this continuous, unbroken period of LCW up to the date of the successful superceding SG award, payment of CB ESA in The SG should be reinstated from the date of the superceding decision.

Therefore, there is no need for you to claim IR ESA, you are entitled to CB ESA once more, and will continue to be paid CB ESA for as long as you remain in The SG.

You need to contact your M.P. and The DWP (Request a call back from a Supervisor/Manager), and explain this situation to them.

bro58

Hi b,

As The DWP closes CB ESA claims on their computer systems once they have gone past 13 months and no appeal has been lodged and the claimant is not entitled to IR ESA, you will still have to fill in The ESA 1 Form to reactivate your claim.

However, once this is done, as previously stated, payment of CB ESA in The SG should be reinstated.

See "Example 7" on this FAQ :

12 Month Limit for ESA(CB)

bro58

Hi and thank you very much for your detailed reply. I have been back to my MP and have completed the ESA1 and returned it. I have completed the ESA1 for Contribution-Based only and have not completed the very intrusive Income Related part of it as I will not qualify under these criteria. I have asked them to backdate it to 28.09.13 which was when they stopped payments after the 365 day rule. However, my letter requesting a Supersession was received by them on 5th October 2013 so my understanding is that they will only consider it from then - is this correct? Also they seem to have suggested to my MP that I would not have achieved sufficient NI Contributions between 28.09.13 and 05.10.13 for them to reinstate Contribution-Based ESA anyway. Although my understanding from your information is that because I remained LCW and was getting NI Credits in the interim (as I was still LCW) and asked for a Supersession then that requirement is not relevant.
Your information says that it will be backdated to the superceded decision? I am confused about this because I have had no information from DWP directly about the decision outcome but have been told by MP that I met Support Group criteria.
When you say the superceded decision do you mean the decision they made after the WCA (ie. payments only backdated to some time after 17.04.14 WCA) or do you mean date they got request for supersession (ie.5.10.13) or might it mean decision to stop paying ESA on 28.09.13 or would it supercede the Tribunal Decision of May 2013. I dont really get the supersession rules and what decisions exactly they supercede if successful. Sorry to keep asking but the whole thing feels like a labyrinth designed to make people just give up!
Kind regards and thanks for all the help so far by the way!

Thank you Gordon, I will just await the outcome and try not to worry. Do you happen to know how long they may take to pay anything once they have the ESA1 back? I am of course assuming that I will be paid something!!
By the way, you and all the moderators should be beatified in my opinion. You really are a lifeline for the rest of us. A massive thank you!