ESA Review of worsening health

:silly:SIRIUS

My world has been turned upside down by DWP . I was transferred from IB to ESA without a medical in May 2012. I thought it was for 2 years when I would have been 65 and it would stop.

So glad not to need a medical did not fully read letter from DWP. My main problem is a stroke in 2006, along with arthritic problems..

My health got worse in Nov. 2013 so decided to request a reconsideration in Feb. 2014, to go from ESA wrag to ESA support which I should have been on in the first place.

No info received on reconsideration,, just a medical form. After waiting 6 months and my ESA stopping after 365 days in May started to get desperate for money as I did not qualify for income support.

Started writing letters of complaint in Sept. 2014 and got my MP involved. Finally got a medical in Dec. 2014 only to be told not required as addition information received and ATOS was sending my file back to DWP.

Neither my GP or myself sent anything in just letters of complaint Dec. 24th they decided to move me into support group of ESA wrag, as from 24 Dec. no mention of back payment to when I originally made request for reconsideration.

As the letter was dated 30 December and decision was made on 24th Dec. when is the one month up to challenge for back payment, which I believe I am entitled to as the DWP have failed on at least 3 counts to follow their own rules regulations and guide line.

Any info on claiming back payment claims will be most welcome.

Advice to anyone waiting more than the 13 weeks guide lines, start writing early, contact your MP make a complaint to the DWP complaints department, things then start to move a little quicker.

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Your request in Feb 2014 would/could not be classed as a reconsideration or an appeal of the original WRAG award made in May 2012.

The absolute time limit for a reconsideration/appeal is no more than 13 months after an adverse decision.

As it seems that your condition changed/deteriorated, the request for a reassessment of the WRAG award that you made in Feb 2014 would be classed as a Supersession/Review.

As this Supersession/Review was instigated by you the claimant and not The DWP ESA Decision Maker, any arrears owed as a result of the superceding decision should be backdated to the date of your initial request.

This should be from the date of your original letter containing the request. (Have you kept a copy, and do you have proof of posting and receipt of it by The DWP ?)

At the latest, any arrears owed should be backdated to the time of returning : The ESA 50 Questionnaire, which you describe as "just a medical form".

Therefore, the whole of your Contribution Based ESA with The Support Group (SG) Component addition should be payable from that date.

Payment of CB ESA in The SG should remain in payment for as long as you stay in The SG, or you reach State Retirement Age. :

12 Month Limit for ESA(CB)

Further, now that you are in The SG you no longer have to take part in any Work Related Activity/Work Focused Interviews, (WRA/WFI) although you can do so voluntarily if you wish.

As you are now in The SG, you may also be entitled to The Enhanced Disability Premium (EDP)

See : ESA Premiums

However, even though being in The SG gives you a potential entitlement to The EDP, to be paid it, you would have to pass the means test with respect to capital, assets, savings, household income and any hours worked by a partner if you have one.

This is because all ESA Premiums are paid as Income Related (IR) ESA top-ups :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

The fact that you did not receive IR ESA payments when your CB ESA payments ceased may be an indication that you could not pass the means test for payment of IR ESA.

As you are not challenging an adverse decision, (As you have been placed into The SG) there is no time limit with regards to any back payment of arrears owed.

I would however contact The DWP ASAP in writing regarding this :

Sending Documents to the DWP or ATOS

Please reply to this topic if you have any further queries.

bro58

Hi received phone call yesterday, informing me that I am entitled to back payment to when I asked for a review to go from ESA wrag to support group in February 2014. Its only taken 10 months. Thanks BW site for all the help and advice. The more you complain to the DWP complaints dept. the quicker things seem to move.

Terry Ambrose wrote: Hi received phone call yesterday, informing me that I am entitled to back payment to when I asked for a review to go from ESA wrag to support group in February 2014. Its only taken 10 months. Thanks BW site for all the help and advice. The more you complain to the DWP complaints dept. the quicker things seem to move.

That's really good news TA !!

Thanks for letting us know, and for your complimentary comments regarding B&W.

bro58