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esa appeal from wrag to support grou 8 years 6 months ago #101804

i am waiting for a date for tribunal hearing as i dont think i should be in wrag group. i have several disabilities, spinal, neck and bowel incontinence. i was awarded over 15 points without having esa medical. is it true that i could lose all entitlement to esa by appealing. i also receive dla low care and high mobility components. where do i stand

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Last edit: by . Reason: Tick.

esa appeal from wrag to support grou 8 years 6 months ago #101812

Yes, it is possible that you could lose ESA altogether, although that is very rare

Is there any risk to challenging a decision?

However, the tribunal are supposed to warn you and allow you to withdraw your appeal if they think this is likely. Even so, you should be as sure as possible that you meet sufficient of the ESA descriptors for your award to be secure.

Qualifying for the WRAG

Qualifying for the Support Group

We have also heard of DLA being reviewed after an unfavourable ESA, but the ESA criteria are more stringent than DLA.

If you have any more questions, please come back and ask them on this thread/topic as it makes it easier to keep all pertinent info in one place. You will find this again easily in the future if you mark it as a 'favourite' now.

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

esa appeal from wrag to support grou 8 years 6 months ago #101826

thank you for your reply. i have got a benefit advisor to help me my tribunal, but only contacted them just before easter break and i was not sure where i stood. if i did lose all esa after tribunal, is is possible to appeal that decision. blue

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Last edit: by slugsta.

esa appeal from wrag to support grou 8 years 6 months ago #101828

It is more commom (although still not usual) to lose DLA after a 'fit for work' decision rather than WRAG. However, in the unlikely event that your DLA was reviewed and withdrawn, that decision would also be appealable.

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esa appeal from wrag to support grou 8 years 6 months ago #102264

i was wondering if you have any idea as how far the tribunals are behind with the hearings. i have not heard anything at all from them. i am a bit worried about this as my esa payment is due to expire soon, and i was wondering, do payments continue to be paid until after the tribunal. the payment is due to go to esa contribution based. i should be ok with that as i have no savings and having been on ib since 1998 my nhs contributions should have been paid for me. but its the tribunal that is worrying me. could anybody enlighten me please

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Last edit: by slugsta.

esa appeal from wrag to support grou 8 years 6 months ago #102271

Hi Blue,

In some areas the appeal process is taking upwards of 12 months. Your contributary ESa payments will still stop after 365 days but it sounds as if you will pass the means test for income-related ESA.

Just to pick up on the matter of your NI - you will have been awarded credits while on IB and ESA. This will count towards your pension but would not be enough to qualify you for other contributary benefits.

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