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Should ESA Start Date Query be included in Appeal? 7 years 6 months ago #97699

Hi Folks,

A couple of queries regarding my appeal requesting to be to be moved from WRAG to the Support Group. My reconsideration was turned down within 10 days including the holidays so I didn't really get a chance to get supporting evidence in.

I'm confused over the dates as my award letter (migration) states my ESA will start 21/12/2012 however I have had my first interview with the job advisor at the Job Centre & she informed me that the renewal will be sent out several moths prior to the two year award finishes in October 2014 - according to the details she has.
(The advisor was very helpful & said she would just phone me in 6 months to see how I am then)


I thought the two years would be from the date my ESA payments started?

Should I query the date discrepancy in my appeal?

Just as a PS -

I don't think the wrong decision was all down to the decision maker, I don't think I filled out the form very well as I was so tired at the time and doped up on a lot of meds plus I didn't include extra evidence. Should I say it was my fault?

Many thanks

Solstice

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Last edit: by .

Should ESA Start Date Query be included in Appeal? 7 years 6 months ago #97703

Solstice

The only date that matters i the Decision Date, however, we have seen this a couple of times where the DWP have record the this date as different from the Effective Date of Transfer (the date your ESA payments start), this is important, in particular to the time limiting of ESA(CB) for members of the WRAG.

Your re-assessment date is not relevant to your appeal as it does not form part of the Decision, and you can be re-assessed at any time after three months have elapsed.

If you are including more, or different content from what was specified on your ESA50, it might help to also explain why you were unable to complete the ESA50 in more detail.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: by Gordon.

Should ESA Start Date Query be included in Appeal? 7 years 6 months ago #97705

solstice wrote: Hi Folks,

A couple of queries regarding my appeal requesting to be to be moved from WRAG to the Support Group. My reconsideration was turned down within 10 days including the holidays so I didn't really get a chance to get supporting evidence in.

I'm confused over the dates as my award letter (migration) states my ESA will start 21/12/2012 however I have had my first interview with the job advisor at the Job Centre & she informed me that the renewal will be sent out several moths prior to the two year award finishes in October 2014 - according to the details she has.
(The advisor was very helpful & said she would just phone me in 6 months to see how I am then)


I thought the two years would be from the date my ESA payments started?

Should I query the date discrepancy in my appeal?

Just as a PS -

I don't think the wrong decision was all down to the decision maker, I don't think I filled out the form very well as I was so tired at the time and doped up on a lot of meds plus I didn't include extra evidence. Should I say it was my fault?

Many thanks

Solstice


Hi s,

The prognosis, (recommended length of the ESA award) is only a recommendation.

Even if the prognosis was for 2 years from 21/12/12, the adviser is correct (in this instance) in that the reassessment, and reissuing of another ESA50 will start several months before 21/12/14.

This is to allow, for the time taken to fill in and return the ESA50, and for the rest of the ESA reassessment process.

The prognosis of an ESA award is not appealable, only the type of award given. (WRAG, SG, fit for work)

You could mention that you are now submitting more detailed evidence, (if you have it), whether I would go so far as stating "it was my fault" is a different matter, as it would seem that you had mitigating circumstances.

You should find some helpful links/information on this post that I did earlier on :

www.benefitsandwork.co.uk/forum?view=top...id=10&id=96643#97687

bro58

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Last edit: by .

Should ESA Start Date Query be included in Appeal? 7 years 6 months ago #97711

Hi Guys,

Thank you both very much for replying.

That makes things a lot clearer on the date issue for me.

Yes I have plenty evidence I can submit, I am at present in receipt of DLA high mobility & high care., which were both awarded indefinitely last summer.

However I realise this is quite different & changing all the time. A big thank you to B & W staff & volunteers for keeping people like me up to date on these things - must be extremely hard work.

Many thanks

Solstice

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