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PIP & ESA Contribution

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10 months 4 weeks ago #280478 by YorkshireRose
PIP & ESA Contribution was created by YorkshireRose
I suffer from mental health problems, anxiety and depression.
I have been claiming PIP and contribution based ESA for 12 months now. I am single and live by myself.
I recently had a ESA assessment and now been placed in WRA Group, which I believe I can appeal against.
The letters from DWP contradict one another and I am extremely confused. I am 60 and on my own, no other help.
One letter says my contribution based ESA is going to stop because I have received a total of 365days, unless you are in the support group. In the same letter, you must take part in work focused interviews to continue to receive ESA in full.
I cannot possibly attend any interviews, most days I cannot face getting out of bed.
I just do not understand the contradiction in their letters.
I have recently had an assessment for ESA after claiming it for 12 months. I am going to appeal, but not sure basically where to start.

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10 months 4 weeks ago #280490 by Gordon
Replied by Gordon on topic PIP & ESA Contribution
YorkshireRose

This is a standard letter not everything in it applies to all claimants.

First the reference to a year, the law states that claimants can only receive New Style ESA for 365 days if they are not in the LCWRA group also known as the Support Group. This can only be challenged on the basis that you have not spent 365 days on ESA without being in the SG.

THe reference to Work Focussed Interviews applies to claimants who are in the LCW group and still receiving ESA payments. If you are not being paid ESA due to the 365 limit then you should not be required to attend WFIs.

If you appeal for the LCWRA group, then the 365-day limit will still apply but if you are successful then a back payment will be made for any lost payments and you will also recover the 365 days as this appears to be the first Decision on your claim.

Our ESA guides cover making an MR request and going onto appeal, see the Guides link at the top of the page.

Gordon

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

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