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won tribunal to wrag group but have concerns

  • carms68
  • Topic Author
12 years 9 months ago #90586 by carms68
after 13 months my tribunal was today this morning i recieved a call to say i didnt need to go in as the judge had read through my papers and i had neen awarded enough pionts (not sure what pionts i was given still in shock, forgot to ask)and i am in the wrag, im pleased they recognised that i have a condition but not sure what this means now, i was getting appeal rate money up until april as i was contribution based, iv had no money since then i did fill in paper work for income based but heard nothing so ive had nothing since then, will i still get money now even though they stopped my payments, or is this nightmare ongoing !
I also feel that if i had been at the tribunal would the result have been different.

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  • bro58
12 years 9 months ago - 12 years 9 months ago #90590 by bro58
carms68 wrote:

after 13 months my tribunal was today this morning i recieved a call to say i didnt need to go in as the judge had read through my papers and i had neen awarded enough pionts (not sure what pionts i was given still in shock, forgot to ask)and i am in the wrag, im pleased they recognised that i have a condition but not sure what this means now, i was getting appeal rate money up until april as i was contribution based, iv had no money since then i did fill in paper work for income based but heard nothing so ive had nothing since then, will i still get money now even though they stopped my payments, or is this nightmare ongoing !
I also feel that if i had been at the tribunal would the result have been different.


Hi c68,

As the Tribunal has now changed the original adverse "fit for work" decision, you will be classed as having been in the WRAG of ESA since the time of that original adverse decision.

You must have scored 15 points or more cumulatively by the Tribunal, to be placed in the WRAG, see :

Qualifying for the WRAG

Unfortunately from your post, it seems that you have already exhausted your 365 day entitlement to Contributary ESA, therefore, even though you will be owed the extra Work Related Activity Component payment of ESA backdated to the time of the original decision, I,m afraid that you will not be entitled to any further payment of ESA from the date that you exhausted your 365 day entitlement.

See :

12 Month Limit for ESA(CB) Updated 10/03/12


You may be entitled to Income Related ESA, if you can pass a means test, see :

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

You need to request a Written Statement of Reasons from the Tribunal, see :

Tribunals – Requesting a Statement of Reasons

You may need to seek face to face advice to see what your next actions should be, see :

Where to get advice?

If you feel that your condition has deteriorated or you now suffer from different conditions, you could ask for a review, (supersession) to see whether you could be placed in the Support Group, in which case your payments of ESA would be reinstated, and there is no time limit whilst you remain in the SG, see :

Qualifying for the Support Group

Hope this helps.

bro58
Last edit: 12 years 9 months ago by bro58. Reason: 12 month time limit link added

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12 years 9 months ago #90591 by Gordon
carms68 wrote:

after 13 months my tribunal was today this morning i recieved a call to say i didnt need to go in as the judge had read through my papers and i had neen awarded enough pionts (not sure what pionts i was given still in shock, forgot to ask)and i am in the wrag, im pleased they recognised that i have a condition but not sure what this means now, i was getting appeal rate money up until april as i was contribution based, iv had no money since then i did fill in paper work for income based but heard nothing so ive had nothing since then, will i still get money now even though they stopped my payments, or is this nightmare ongoing !
I also feel that if i had been at the tribunal would the result have been different.

Congratulations on the result.

Whilst you remain on ESA(CB), you will only receive back payments from the date of the Decision you appeal (July 2011?), until April of this year.

If you are found to be eligible for Income Related ESA, then your weekly payments will be re-instated and you should receive further back payments covering the period April to whenever you are placed on ESA(IR).

It would therefore be in your interest to chase up with the DWP as to what is happening with your request to be switched to ESA(IR).

There is no way to know what would have happened if you had attended the hearing, it is possible to score 115 points and still only be placed in the WRAG.

Gordon

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

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  • bro58
12 years 9 months ago #90593 by bro58
Hi C68,

Just to add, if you are entitled to Income Related ESA, there is no 365 day time limit, therfore your ESA should be reinstated.

bro58

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  • carms68
  • Topic Author
12 years 9 months ago - 12 years 9 months ago #90596 by carms68
thanks for the advice will look into it , here we go again !
Last edit: 12 years 9 months ago by Gordon.

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