ESA Renewal - Help Please

Hello, I am looking for some help.

In 2011 I applied for ESA and was turned down. I went to a tribunial and was awarded WRAG. I appealed this and was then placed in the Support Group. I was given the support group payment from the date they made the WRAG decision.

I received a letter asking me to re-apply for ESA at the end of last year. I did and received a letter earlier this month saying they were awarding me WRAG. They also said that because I had used 365 days of WRAG I wouldn't be receiving anymore payments. I believe this is wrong because as far as I am aware I haven't had WRAG for any days. Can you confirm this?

Also, I wondered, when re-applying, do I have to re-send all the evidence I sent them the first time round? When I filled out the form I kind of told them where I am now etc with regards my problems.

There seems to be a number of errors in their letters to me re dates etc and they are saying they examined me in December last year when they didn't - I didn't have a medical.

Any help/advice would be greatly appreciated.

9Eeyore9 wrote: Hello, I am looking for some help.

In 2011 I applied for ESA and was turned down. I went to a tribunial and was awarded WRAG. I appealed this and was then placed in the Support Group. I was given the support group payment from the date they made the WRAG decision.

I received a letter asking me to re-apply for ESA at the end of last year. I did and received a letter earlier this month saying they were awarding me WRAG. They also said that because I had used 365 days of WRAG I wouldn't be receiving anymore payments. I believe this is wrong because as far as I am aware I haven't had WRAG for any days. Can you confirm this?

Also, I wondered, when re-applying, do I have to re-send all the evidence I sent them the first time round? When I filled out the form I kind of told them where I am now etc with regards my problems.

There seems to be a number of errors in their letters to me re dates etc and they are saying they examined me in December last year when they didn't - I didn't have a medical.

Any help/advice would be greatly appreciated.

Hi 9E9,

You are indeed correct.

Can I take it that you were originally found fit for work, appealled and were placed into the WRAG at the automatic reconsideration stage, then appealled this WRAG award to The Tribunal, where you were placed into the SG ?

Or did you appeal to The UT to obtain SG ?

As The Tribunal's decision to grant you SG status, is a "Remaking" of the original WRAG award, this SG status would have been backdated to the time of the WRAG award.

Therefore your CB ESA WRAG 365 day clock would have been reset to zero, so in theory, you have not been in The WRAG, see : 12 Month Limit for ESA(CB)

As it seems that you have been placed in The WRAG once more, as your 365 day clock will start from zero, you have 365 days entitlement to payment of CB ESA in The WRAG.

You should treat any reassessment as if it was the first and provide current evidence of your limitations. You should assume that ATOS/DWP know nothing regarding your conditions.

You would have to query any errors with The DWP.

Have you read this ? : www.benefitsandwork.co.uk/forum?view=top...id=10&id=96711#98023

bro58

Hi, thank you for taking the time to help.

I am sorry, I am so confused - what I said earlier was incorrect. My first application for ESA - I received a letter saying I had to attend a medical. I was awarded the WRAG group after this medical. I appealed this decision and was awarded SG - which was backdated to the date the WRAG start date. The letter they have sent me states that I have used up my 365 WRAG days.

Should I phone them re this - as they have stopped payments now? Or, what I was going to do is detail this in my appeal?

Thanks

9Eeyore9 wrote: Hi, thank you for taking the time to help.

I am sorry, I am so confused - what I said earlier was incorrect. My first application for ESA - I received a letter saying I had to attend a medical. I was awarded the WRAG group after this medical. I appealed this decision and was awarded SG - which was backdated to the date the WRAG start date. The letter they have sent me states that I have used up my 365 WRAG days.

Should I phone them re this - as they have stopped payments now? Or, what I was going to do is detail this in my appeal?

Thanks

Hi E9E,

It was this extract from your original post that confused me :

"In 2011 I applied for ESA and was turned down. I went to a tribunial and was awarded WRAG. I appealed this and was then placed in the Support Group."

If as it now seems, the only time that you have received CB ESA was when you were awarded WRAG after the "Medical" and you successfully appealled this and were placed into The SG, then your 365 day clock for CB ESA would have been reset to zero.

Therefore, as time spent in The SG does not count against your 365 day entitlement to CB ESA, you still have 365 days entitlement to payment left.

If again, you appealled, and were placed into the SG once more, again your 365 day clock would be reset to zero.

You need to request an escalation over the phone, to a manager, most of the call responders that you initially gain contact with over the phone have little knowledge of the benefits system, and are infamous for giving out incorrect information.

You will have to be patient, and it may take several calls, but you will need to speak to someone who knows what they are doing.

You could back your comments up in writing to the address of The Benefits Office/Centre that deals with your ESA, see : Sending Documents to the DWP or ATOS

bro58

bro58 wrote:

9Eeyore9 wrote: Hi, thank you for taking the time to help.

I am sorry, I am so confused - what I said earlier was incorrect. My first application for ESA - I received a letter saying I had to attend a medical. I was awarded the WRAG group after this medical. I appealed this decision and was awarded SG - which was backdated to the date the WRAG start date. The letter they have sent me states that I have used up my 365 WRAG days.

Should I phone them re this - as they have stopped payments now? Or, what I was going to do is detail this in my appeal?

Thanks

Hi E9E,

It was this extract from your original post that confused me :

"In 2011 I applied for ESA and was turned down. I went to a tribunial and was awarded WRAG. I appealed this and was then placed in the Support Group."

If as it now seems, the only time that you have received CB ESA was when you were awarded WRAG after the "Medical" and you successfully appealled this and were placed into The SG, then your 365 day clock for CB ESA would have been reset to zero.

Therefore, as time spent in The SG does not count against your 365 day entitlement to CB ESA, you still have 365 days entitlement to payment left.

If again, you appealled, and were placed into the SG once more, again your 365 day clock would be reset to zero.

You need to request an escalation over the phone, to a manager, most of the call responders that you initially gain contact with over the phone have little knowledge of the benefits system, and are infamous for giving out incorrect information.

You will have to be patient, and it may take several calls, but you will need to speak to someone who knows what they are doing.

You could back your comments up in writing to the address of The Benefits Office/Centre that deals with your ESA, see : Sending Documents to the DWP or ATOS

bro58

N.B.

This matter regarding the 365 day entitlement should be dealt with as a seperate issue to your appeal to SG, which should only concentrate on how and why you qualify for The SG.

bro58