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Risks of losing ESA & review for after 365th day?

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12 years 8 months ago #90983 by mcwali
I have been migrated from IB to WRAG ESA (on mental health grounds). I know I risk losing ESA entirely if I ask for the decision to be reconsidered (ie. to go into the Support Group),- so I probably won't do this, BUT is there any risk in just asking for an "explnation" and a "written statement of reasons" for the decision?

(I would be interested in finding out their reasons so in the future if I get another questionnaire, I might be better prepared for how to fill it out to reflect the the oeverall impact of my mental health problems, which the ESA50 did not cater for in its descriptors. (I found it totally "unfit for purpose" regarding menatl health problems).

Also, do the DWP, in fact, send out another ESA50 (or other questionnaire) before WRAG ESA expires after 365 days, or is there no way you can get ESA after the 365 days?

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12 years 8 months ago #90993 by slugsta
There should be no risk in asking for an explanation or Statement of reasons from DWP.

The DWP are supposed to send out forms ahead of time to see if you will be entitled to income-related ESA when your contributary benefit ends - but, like many things, this does not always happen. if you think you might be entitled to income-related SA, make sure youn get hold of an ESA3 form and submit it ahead of the 365 days.

The DWP do not automatically send review forms at this stage, although some people might be due for a review anyway. Your NI credits will be paid for as long as you remain entitled to ESA on health grounds, even if you are not getting any money from them. You will be subjected to periodic reviews which can take the form of a form and/or a face-to-face assessment. If you fullfill the Support Groupcriteria at any stage in the future your payments will recommence as long as your claim has not been broken in the interim.

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

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