Appeal refused to move from WRAG to Support Group

Anne wrote: I appealed to be placed onto support group - My appeal has been refused

I am entitled to stay on WRAG

My contribution based payments have ceased.

Reason for refusal 'No descriptor from Schedule 3 of the ESA Reglations 2008 applied and regulation 35 is not applicable'

I have had to complete ESA50 for this year which has been with the decision maker since 10 May

I will write and ask for details of refusal with this wording

• I would like to have a full statement of reasons for the tribunal decision please, I would also like a copy of the judge’s contemporaneous notes.

Is there anything else I should do or ask ? Any advice?

Thanks

Sorry to hear that your appeal was unsuccessful.

The following FAQ explains how to request the Statement of Reasons from the Judge.

Tribunals – Requesting a Statement of Reasons

You need to be aware that you can only appeal to the Upper Tribunal on the basis that there has been an Error of Law, not because you disagree with the Decision.

What is an Error of Law?

I note that you are still waiting for a Decision following a recent re-assessment, if this new Decision does not place you in the Support Group, then it is appealable and would run in parallel to any other appeals that you might pursue.

You say your ESA(CB) has now stopped, have you checked to see whether you are eligible for ESA(IR)?

Gordon

Anne wrote: Okay I have received a letter from Jobcentre Plus - ATOS have placed me in Support Group with no need to have medical

I now have to complete form ESA1 I have found a downloadable form.

So I am wondering now - do I get paid ESA as my contribution paid ESA expired in February 2013?

It would appear that having asked for details of Appeal Refusal I have appealed the Appeal .so should I still continue with this or leave it?l

Thank you for all your help as if I had not used the guides for my latest ATOS form I doubt that I would have answered the questions as fully as I did

Many congratulations on the award.

If you are now in the Support Group then your ESA(CB) should be re-instated from the date on the Decision, this should be the date of the letter informing you that you are in the SG.

I am not sure why you have been asked to complete an ESA1, this should only be for new claims, so I would advise you to contact the DWP about this, it may be that because you went past the 365 days they have de-activated your claim in some way and it because of this that the DWP need you to compete this form, but you should certainly ask if there is anyway that you can mark the form so it is not treated as a request to start a new claim, as this often causes more problems.

Gordon

Anne wrote: I did contact JS+ they said that because I had appealed they had closed the file. The form was marked return to maintenance section ? I was not able to complete over the phone because of the deactivation

The appeal should not have resulted in your claim being de-activated as you were still entitled to NI Credits, but who knows what the DWP get up to, returning the form to the "maintenance section" should avoid any problems with you completing an ESA1.

Gordon