ESA

GT

Welcome to the forum

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

---

From your post there appear to be two separate process currently going on with your wife's claim; an appeal and a re-assessment, these would be entirely separate of each other.

Can you confirm what the status of the appeal is?

Has the Mandatory Reconsideration completed?

Have you made an appeal to the Tribunal Service?

What was the date of the Decision that placed your wife in the WRAG (work group)

As to the re-assessment;

Did your wife receive a new ESA50 prior to the assessment being done?

Four weeks is on the outside of what we would expect the DWP to take in making a Decision on an ESA claim.

You say that your wife has been without payment for 13 months, why is that? If she has requested an appeal she should be entitled to the ESA Assessment rate unless she is only entitled to Contribution Based ESA which would have only been payable for 365 days and would have included the time she has spent in the WRAG.

If you can provide us with more information we will do our best to help you.

Gordon

Graham wrote: Can you confirm what the status of the appeal is? Not yet started, I can do it on phone or by form

Has the Mandatory Reconsideration completed? yes, decision to keep in WRAG made July 1st

Have you made an appeal to the Tribunal Service?

What was the date of the Decision that placed your wife in the WRAG (work group) 2013

She did fill in another IB50 some time ago, about 12 months ago?

Apparently she was only entitled to 12 months payment but didn't tell us this until we found out at an interview for work! some 3 month before it was due to end..

If the original Decision to place your wife in the Support Group was made in 2013, then you are now out of time to do so, appeals cannot be made after 13 months from the Decision Date.

You can request an MR in regard to the 1 July Decision, but there is no point your doing so unless you can show that meets the criteria for the Support Group as she will not be paid unless she is placed in it (see below). See our ESA MR & Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa1

Her ESA has been time limited because she was receiving ESA(CB) and was not in the SG, Have you checked whether she is eligible for Income Related ESA?

ESA(IR) is dependant on your household income, your savings and assets, and any hours that you work. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon