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ESA Renewal - Help Please 7 years 6 months ago #98221

  • bro58

Gordon wrote: Hi Bro58

I just need to pick up on one your comments, being placed in the Support Group does not reset the "clock" to zero, any time spent in the WRAG previously still counts and would be used if a claimant was placed back into the WRAG at a later assessment.

In the case of the OP, because they were placed into the SG from the WRAG on appeal, the clock never started.

The only thing that can reset the clock is a new claim for ESA(CB) subject to a 12 week break from any previous claim and of course, the claimant being able to meet the three NIC rules.

Gordon


Hi G,

I did advise the OP as he had been successful at appeal, therefore the WRAG award was remade.

If you read my original post, I did state :

" in theory, you have not been in The WRAG"

Even though the OP would be deemed to have never been in The WRAG as a result of the Tribunal's SG award, his clock would have started ticking from the date of the WRAG award, and if he had not been successful at appeal, would have continued to tick until he exhausted his 365 day entitlement.

e.g. If his 365 days of entitlement had run out before the Tribunal Decision, his CB ESA would have ceased.

Therefore, his 365 day clock had started ticking, and as it had started ticking, to get it back to zero, it would have to be reset, which was done by the successful SG award by The Tribunal.

It therefore depends on whether you are looking at the O.P.'s situation in a current present tense(before the Tribunal decision), or retrospectively, after the Tribunal decision, as is the case now.

Therefore, to clarify the issue once more, in the scenario that the O.P. has posed, they would still have 365 days entitlement to CB ESA, from the start date of the most recent WRAG award.

bro58

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Last edit: by bro58. Reason: Extra info

ESA Renewal - Help Please 7 years 6 months ago #98366

  • 9Eeyore9
Hi Bro58 and Gordon,

Thank you both for your help and advice. After a number of phone calls yesterday and today I finally got this sorted. Eventually a manager phoned me to explain what had cause this error. It turnes out there were 2 errors made at their end. In 2011 when I was awarded the WRAG and appealed and was placed in the SG they didn't update their records. This is why I had to re-apply at the end of last year (one year in the WRAG). Also, when they received my latest application in December 2012 they put in the wrong date. They put in January 2012 instead of January 2012 - therefore this is why the date on their letter referred to me being in the wrag group since January 2012 and stating I had used all the 365 days.

The gentleman explained that because of the error of having me in the WRAG instead of SG - this is why I have had to re-apply. If their records were correct I wouldn't have had to re-apply at this stage. The decision maker has based thier decision based on me being in the WRAG and they have said that there is "NO Change" and I should continue in the WRAG. I therefore believe I should continue in the SG?

Thank you so much for your help - I don't know what I would do without you all.


They apologised and assurd me that my money would be sorted out.

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Last edit: by bro58.

ESA Renewal - Help Please 7 years 6 months ago #98369

  • bro58

9Eeyore9 wrote: Hi Bro58 and Gordon,

Thank you both for your help and advice. After a number of phone calls yesterday and today I finally got this sorted. Eventually a manager phoned me to explain what had cause this error. It turnes out there were 2 errors made at their end. In 2011 when I was awarded the WRAG and appealed and was placed in the SG they didn't update their records. This is why I had to re-apply at the end of last year (one year in the WRAG). Also, when they received my latest application in December 2012 they put in the wrong date. They put in January 2012 instead of January 2012 - therefore this is why the date on their letter referred to me being in the wrag group since January 2012 and stating I had used all the 365 days.

The gentleman explained that because of the error of having me in the WRAG instead of SG - this is why I have had to re-apply. If their records were correct I wouldn't have had to re-apply at this stage. The decision maker has based thier decision based on me being in the WRAG and they have said that there is "NO Change" and I should continue in the WRAG. I therefore believe I should continue in the SG?

Thank you so much for your help - I don't know what I would do without you all.


They apologised and assurd me that my money would be sorted out.


Hi 9E9,

I assume that you have made a typo here " They put in January 2012 instead of January 2012", and it should read, They put in January 2012 instead of January 2013

It would seem that they "didn't reset your 365 day clock to zero" :)when you were placed into The SG by the Tribunal.

Just to clarify something for you, you have not had to reapply for ESA.

Every award of WRAG or SG comes with a "prognosis" which is the recommended length of the award before you are reassessed.

e.g. If you were given an award with a prognosis of 12 months, you could expect to receive a new ESA50 a couple of months before the end of this period, you would then be reassessed by paper scrutiny or face to face assessment.

The longest prognoses that we are aware of is 3 years in The SG.

This cycle will continue, (unless things change) for as long as you continue to claim ESA, see :

How often will I be reviewed

Each reassessment should be treated as if it was your first, in that you should provide current evidence and go into detail regarding your limitations at that time.

Hopefully, things are now sorted out, and you will be successful once more in your appeal to gain entry to The SG.

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Last edit: by bro58.
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Moderators: bro58GordonGaryBIS