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ESA Appeal WRAG to Support Group Success

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11 years 2 months ago - 11 years 2 months ago #98275 by glennamy
This is a little long so I apologise, but it is good news...

I have been on IB long term and I was called for a medical in July 2012 for the transfer to ESA, in Nov my IB was stopped (without warning) and I was not transferred to ESA.

After 26 days without money and 20+ calls to the 'Transfer team' I was told that there had been an error and I had been missed, and that I will be placed into ESA WRAG for 12 months, still not having received any letters with the information. This caused massive problems with council tax and my low income health costs etc as I could not prove my income at all, and I could not afford my prescription medication and therefore went without.

Alongside the fantastic guides, armed with my extensive medical/mental conditions I appealed immediately. I received a letter my appeal has been logged about 10 days later and I have heard nothing since this letter.

However, today I received a letter about the rise in benefits in April 2013 (£1 rise) and noticed that on the breakdown of benefits (last page) that I was now in the ESA Support group!?!

I phoned them and they said my appeal had been successful and I have been placed into the Support Group, he could not tell me for how long? but I should have received a letter in regards to the decision that had been made. Incredible!

So fantastic news at long last, which should have been the initial decision by the private nurse carrying out my medical, who decided I was fit to work.

This does makes me question the IB to ESA transfer, do they actually bother with the medical assessments? Do they just chuck most people into the WRAG group and see if they can be bothered to appeal, do they not understand the stress that they are creating, is worsening people's condition(s).

The overall way I have been treated has been appalling, with my benefit being stopped and the associated problems from other areas of local/central government, and not being updated in any way whatsoever.

All this stress had made me so ill on top of my existing conditions and I have now developed a more serious problem. and have now had to apply for DLA in regards to my mobility. I have been initially turned down, but now my condition has worsened, I will use the DLA/PIP guides to help with my appeal. I will also go to CAB to get them to help me with any future documentation and the wording.

My final words are to everyone that is being treated so badly in this process, DO NOT GIVE UP OR GIVE IN, use the great guides on Work & Benefits and appeal the disgusting way they are treating the long term sick, 'LTB' seems to be the buzz word of a private firm (alleged by former employee) themselves earning thousands for each and every person they remove from the welfare bill on long term benefits. Maybe certain ministers should look inwards before treating the long term sick so badly... Commons scandal anyone.
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98278 by Gordon
Replied by Gordon on topic ESA Appeal WRAG to Support Group Success
Glenn

Congratulations on the award and thanks for your comments on B&W.

Given the issues you had with your ESA you would be entitled to make a complaint, see

Complaining to the DWP

A comment on your DLA appeal, you say that you were turned down but your condition has worsened, if this occurred after the Decision, as your post suggests, then the Tribunal will not be able to consider this, they can only look at your condition as it was at the time of the Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: glennamy

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11 years 2 months ago #98280 by glennamy
Replied by glennamy on topic ESA Appeal WRAG to Support Group Success
Hi Gordon,

Thank you for your reply.

In regards to DLA, thank you for the information, maybe I will have to wait a month and reapply on my new conditions.

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11 years 2 months ago #98283 by Gordon
Replied by Gordon on topic ESA Appeal WRAG to Support Group Success

Glenn wrote: Hi Gordon,

Thank you for your reply.

In regards to DLA, thank you for the information, maybe I will have to wait a month and reapply on my new conditions.


There is no time limit on making a new claim for DLA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: glennamy

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  • julielinda123
11 years 2 months ago - 11 years 2 months ago #98289 by julielinda123
Replied by julielinda123 on topic ESA Appeal WRAG to Support Group Success
hi, would also like to say a big thankyou to all at benefits and work. won appeal nil points to wrag. Told today by dwp that paperwork from tribunal has yet to arrive. Was wondering if by paperwork they mean that there may be notes made from judge ? also would i be entitled to ask for copies of this paperwork?. Was thinking if they are judges notes,they may come in handy for next time round. thanks
Last edit: 11 years 2 months ago by Gordon.

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11 years 2 months ago #98292 by Gordon
Replied by Gordon on topic ESA Appeal WRAG to Support Group Success

julielinda123 wrote: hi, would also like to say a big thankyou to all at benefits and work. won appeal nil points to wrag. Told today by dwp that paperwork from tribunal has yet to arrive. Was wondering if by paperwork they mean that there may be notes made from judge ? also would i be entitled to ask for copies of this paperwork?. Was thinking if they are judges notes,they may come in handy for next time round. thanks


Well done :)

The paperwork they are referring to is the Decision Notice, you may be able to speed the process by faxing them a copy.

You can request the reasons for the Tribunals Decision, but you should be aware that the DWP will also receive a copy, and requesting this information is the first and mandatory requirement for one of the parties to challenge the Decision, in most cases the DWP will not do this, but you are opening the door! See

Tribunals – Requesting a Statement of Reasons

Gordon

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