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CB ESA Support advice please
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12 years 3 months ago - 12 years 3 months ago #99104 by sue
CB ESA Support advice please was created by sue
So confused and upset at the moment I'm not sure how to proceed
Could use some advice please.
I was initially refused ESA on transfer from IB in Feb last year. However I appealed and in Nov was put into WRAG.
Whilst waiting for my appeal my condition actually worsened, but obviously the tribunal couldn't take that into account as they were assessing me on how I was at the time of the original decision in Feb - fair enough.
Following advice on here as soon as the tribunal decision came through I applied for a supersession/review requesting I be put into the support group due to change in circumstances, as my condition had suddenly deterioated considerably in September and has not improved since.
I submitted the review request the 2nd week in November, at that point although I had received the tribunals report DWP hadn't. I have been chasing DWP almost weekly since - for some reason they asked the tribunal to look at the case again, even though I made it clear in my letter that my condition had only changed from 8/9/12, this delayed the processing of my review and it is only today that I have received a new ESA50 from ATOS.
I am receiving CB ESA and my last payment is due tomorrow 15/2/13.
From information found on here and also given by the DWP call centre staff that I have spoken to between Nov & now I was led to believe that if they agreed I should be in the support group from last September I would continue to get payments past the 365 days cut off date - obviously subject to future assessments etc.
However the DWP call centre person I spoke to today stated that if I was placed into the support group they would only pay me any arrears due and I would not get any other payments after 15/2/13

I know I am not eligible for IR ESA, she suggested my husband cut his hours!! He doesn't earn a huge wage as it is and we barely manage to survive now!
Can someone clarify the CB/IR situation for me please as I am so stressed about this
Apologies for the long post.

I was initially refused ESA on transfer from IB in Feb last year. However I appealed and in Nov was put into WRAG.
Whilst waiting for my appeal my condition actually worsened, but obviously the tribunal couldn't take that into account as they were assessing me on how I was at the time of the original decision in Feb - fair enough.
Following advice on here as soon as the tribunal decision came through I applied for a supersession/review requesting I be put into the support group due to change in circumstances, as my condition had suddenly deterioated considerably in September and has not improved since.
I submitted the review request the 2nd week in November, at that point although I had received the tribunals report DWP hadn't. I have been chasing DWP almost weekly since - for some reason they asked the tribunal to look at the case again, even though I made it clear in my letter that my condition had only changed from 8/9/12, this delayed the processing of my review and it is only today that I have received a new ESA50 from ATOS.
I am receiving CB ESA and my last payment is due tomorrow 15/2/13.
From information found on here and also given by the DWP call centre staff that I have spoken to between Nov & now I was led to believe that if they agreed I should be in the support group from last September I would continue to get payments past the 365 days cut off date - obviously subject to future assessments etc.
However the DWP call centre person I spoke to today stated that if I was placed into the support group they would only pay me any arrears due and I would not get any other payments after 15/2/13

I know I am not eligible for IR ESA, she suggested my husband cut his hours!! He doesn't earn a huge wage as it is and we barely manage to survive now!
Can someone clarify the CB/IR situation for me please as I am so stressed about this

Apologies for the long post.
Last edit: 12 years 3 months ago by Gordon.
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12 years 3 months ago #99112 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CB ESA Support advice please
Sue
I am afraid, based on the information in your post, the DWP appear to be correct in their summation.
Whilst an appeal results in the original Decision being re-made and applies from that date, a SuperSession creates a new Decision and only applies from the date it is made.
So, because your appeal placed you in the WRAG the 365 days started from date that you were transferred from IB to ESA, there is no provison to extend this period, even if a claimant is appealing or has requested a SuperSession.
As you are not eligible for ESA(IR) due to the hours that your husband works, your payments will stop as already indicated.
If your request for a SuperSession is successful and you are placed in the Support Group, then your ESA(CB) payments will be restarted, but only from the date of this new Decision.
I hope this explains it.
Gordon
I am afraid, based on the information in your post, the DWP appear to be correct in their summation.
Whilst an appeal results in the original Decision being re-made and applies from that date, a SuperSession creates a new Decision and only applies from the date it is made.
So, because your appeal placed you in the WRAG the 365 days started from date that you were transferred from IB to ESA, there is no provison to extend this period, even if a claimant is appealing or has requested a SuperSession.
As you are not eligible for ESA(IR) due to the hours that your husband works, your payments will stop as already indicated.
If your request for a SuperSession is successful and you are placed in the Support Group, then your ESA(CB) payments will be restarted, but only from the date of this new Decision.
I hope this explains it.
Gordon
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12 years 3 months ago - 12 years 3 months ago #99115 by sue
Replied by sue on topic CB ESA Support advice please
Thanks for the quick reply Gordon 
Sorry still trying to get my head round this! Have I done the wrong thing asking for a supersession? They won't take it from the date I applied for the supersession?
I'm wondering now if it's worth the hassle & stress of persuing this if I'm not going to get any payments. I think I need to look to see if I can claim DLA/PIP

Sorry still trying to get my head round this! Have I done the wrong thing asking for a supersession? They won't take it from the date I applied for the supersession?
I'm wondering now if it's worth the hassle & stress of persuing this if I'm not going to get any payments. I think I need to look to see if I can claim DLA/PIP

Last edit: 12 years 3 months ago by Gordon.
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12 years 3 months ago #99141 by Gordon
ESA Decisions, even as a result of a SuperSession apply from the date that the Decision was made, not from when the request was made.
No you have not done the wrong thing in requesting a SuperSession, if you believe that your condition(s) have deteriorated since the previous Decision, such that you would meet the criteria for the Support Group, then this is the only way forward for you.
Referring you back to my previous post, if you are placed in the Support Group, then you ESA(CB) will be re-instated and will remain in payment while you remain eligible for the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic CB ESA Support advice please
sue wrote: Thanks for the quick reply Gordon
Sorry still trying to get my head round this! Have I done the wrong thing asking for a supersession? They won't take it from the date I applied for the supersession?
I'm wondering now if it's worth the hassle & stress of persuing this if I'm not going to get any payments. I think I need to look to see if I can claim DLA/PIP
ESA Decisions, even as a result of a SuperSession apply from the date that the Decision was made, not from when the request was made.
No you have not done the wrong thing in requesting a SuperSession, if you believe that your condition(s) have deteriorated since the previous Decision, such that you would meet the criteria for the Support Group, then this is the only way forward for you.
Referring you back to my previous post, if you are placed in the Support Group, then you ESA(CB) will be re-instated and will remain in payment while you remain eligible for the Support Group.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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