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Help! ESA has been taken away...

  • Verity
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8 years 4 months ago #146221 by Verity
Help! ESA has been taken away... was created by Verity
Hello everyone. I have been in receipt of ESA (limited capability for work on health grounds) for the past 10 years. Last year I improved a little, (I have M.E/CFS) and as I was in the work related activity group, I took up some permitted work, just 5-10 hours a week. I had to stop and could no longer work after 11 months due to a relapse, and they have stopped my ESA completely, saying the 52 weeks of permitted work has now finished and they will no longer give me ESA even though I am no longer working and have no other means of supporting myself. I am desperate to know how to approach them to ask for my ESA to be reinstated. I have asked my local MP to write in on my behalf too. Any ideas would be hugely appreciated. Thanks

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8 years 4 months ago #146223 by Gordon
Replied by Gordon on topic Help! ESA has been taken away...

Verity wrote: Hello everyone. I have been in receipt of ESA (limited capability for work on health grounds) for the past 10 years. Last year I improved a little, (I have M.E/CFS) and as I was in the work related activity group, I took up some permitted work, just 5-10 hours a week. I had to stop and could no longer work after 11 months due to a relapse, and they have stopped my ESA completely, saying the 52 weeks of permitted work has now finished and they will no longer give me ESA even though I am no longer working and have no other means of supporting myself. I am desperate to know how to approach them to ask for my ESA to be reinstated. I have asked my local MP to write in on my behalf too. Any ideas would be hugely appreciated. Thanks


You've posted and the end of our last session of the week!!!

Your post suggest that you are in the WRAG?

Did you tell the DWP that you had stopped working and if you did, was this in writing?

Permitted Work at the higher rate for claimants in the WRAG can only be done for 52 week after which there has to be a 52 week break before a new period of PW can be started, the 52 weeks starts from the first day that you earn above the Lower Limit.

If you did not tell them that you had stopped the PW then they have likely assumed that you are still doing it, alternatively if you did PW at the Higher Limit, stopped for a while and then started again then the 52 weeks will have started from the first day of the first period and your may therefore have gone over the 52 weeks.

In either case you need to contact the DWP to find out hat is going on and to explain that you have stopped the PW.

Without more information about what you have been doing and when it is difficult to give more detailed advice.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Verity
  • Topic Author
8 years 4 months ago #146230 by Verity
Replied by Verity on topic Help! ESA has been taken away...
Thank you Gordon. You're right I posted at the eleventh hour and it was so very kind of you to take the time to reply. I shall write to them and explain the situation. So I cannot work for another 52 weeks, and then it starts again etc I didn't realise this. Have a good weekend. Verity.

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  • bro58
8 years 4 months ago - 8 years 4 months ago #146232 by bro58
Replied by bro58 on topic Help! ESA has been taken away...

Verity wrote: Thank you Gordon. You're right I posted at the eleventh hour and it was so very kind of you to take the time to reply. I shall write to them and explain the situation. So I cannot work for another 52 weeks, and then it starts again etc I didn't realise this. Have a good weekend. Verity.


Hi V,

More on PW from the links below :

Permitted Work

Work for people living with disability or health conditions.

There is also a Pdf Document on PW 4th link down : This Page

bro58
Last edit: 8 years 4 months ago by bro58.

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  • Verity
  • Topic Author
8 years 2 months ago - 8 years 2 months ago #151703 by Verity
Replied by Verity on topic Help! ESA has been taken away...
Hello. I was wondering if anyone knows if I actually need to use the phrase "there would be a substantial risk to my health if I were found not to have limited capability for work because etc....." when I fill out the ESA50, or is it best not to, so they don't know that I know if you get my drift!! Thanks
Last edit: 8 years 2 months ago by slugsta.

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8 years 2 months ago - 8 years 2 months ago #151707 by slugsta
Replied by slugsta on topic Help! ESA has been taken away...
Hi Verity,

I have added this to your previous thread, although I appreciate that it was only loosely related to your new ESA claim! We should be grateful if you would keep all queries relating to your ESA together here :)

You can add that sentence if you wish. If it were accepted it would mean that you were eligible for the WRAG. It is more important that you show 1) that you are suffering from a particular condition and 2) how and why you would be at risk if not found eligible for ESA. The onus is entirely on you to provide proof of this in order to be accepted under the exceptional circumstances rules.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 months ago by slugsta.

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