ESA Appeal and new decision

Hi, I have a ESA tribunal this week relating to the decision to put me in the WRAG in 2011.
Since then I have been reassessed in late 2012 and placed in the support group. In Aug 2012 my 365 days CB payments ran out so I had a few months with no payments before the new decision.
My question is if I am successful with my tribunal about the 2011 award does this wipe out the 365 days I spent in the WRAG and would they have to pay me the few months when I had no payments before the new award in 2012. Hope you understand.
Thanks CM

citymike wrote: Hi, I have a ESA tribunal this week relating to the decision to put me in the WRAG in 2011.
Since then I have been reassessed in late 2012 and placed in the support group. In Aug 2012 my 365 days CB payments ran out so I had a few months with no payments before the new decision.
My question is if I am successful with my tribunal about the 2011 award does this wipe out the 365 days I spent in the WRAG and would they have to pay me the few months when I had no payments before the new award in 2012. Hope you understand.
Thanks CM

Hi CM,

As this Tribunal will be looking at whether you qualified for The SG in circa Aug 2011, if they place you into the SG, it will be a remaking of The WRAG award circa Aug 2011. The SG award will be backdated to the time of that WRAG award, and it will be as if you have never been in The WRAG. (on the premise that you were not in it before that time)

This remade SG Award would be from circa Aug 2011, until the time of your most recent SG award in "late 2012".

Therefore if there was a period where your CB ESA payments ceased, as stated, then yes, you would be entitled to SG payments, for those "few months".

Also, if you have never been in The WRAG prior to circa Aug 2011, your 365 day clock, will have in effect, never started ticking.

bro58

Thanks bro58
When I was given WRAG award in 2011 it was via transfer from IB, so I had never been on ESA before.
Just have to wait and see how things go at tribunal later this week. Fingers crossed.
I will report back with news after.
Thanks for all the help you and others give us.
CM

citymike wrote: Thanks bro58
When I was given WRAG award in 2011 it was via transfer from IB, so I had never been on ESA before.
Just have to wait and see how things go at tribunal later this week. Fingers crossed.
I will report back with news after.
Thanks for all the help you and others give us.
CM

Hi CM,

You're welcome.

In that case, if you are successfully placed into The SG, at appeal, you will still have your full 365 day entitlement to CB ESA, just in case you are placed into The WRAG once more, at some time in the future.

If you are not successful, then you will have exhausted your 365 day entitlement to CB ESA in The WRAG, and you will only continue to be paid CB ESA for as long as you remain in The SG.

Fingers crossed, please keep us updated.

bro58

Good luck cm!