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ESA appeal, is it too late?
- elaine22
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11 years 10 months ago - 11 years 10 months ago #106437 by elaine22
Replied by elaine22 on topic ESA appeal, is it too late?
What I don't get is how they can say in the summary that she won't be fit for work in the longer term when her problems are the same now as they will be in the long term.
And, if after 365 days they have not helped her back into work, which in itself is a non-starter, how can they justify stopping her benefit? It's not her fault. After all, in the letter we got from DWP it states that being in the WRAG group doesn't mean they think you are fit for work or expect you to look for work. It is contradictory!
Would she be able to sign on to get JSA rather than have nothing coming in at all?
Many thanks
And, if after 365 days they have not helped her back into work, which in itself is a non-starter, how can they justify stopping her benefit? It's not her fault. After all, in the letter we got from DWP it states that being in the WRAG group doesn't mean they think you are fit for work or expect you to look for work. It is contradictory!
Would she be able to sign on to get JSA rather than have nothing coming in at all?
Many thanks
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago #106467 by Gordon
Being placed in the Support Group is down to the claimant meeting the criteria, or not. It perfectly possible for an Olympic athlete to be placed in the SG because they broke both arms while mountain biking and for someone with MS to be placed in the WRAG because, at this time their condition is not serious enough.
I am afraid you will need to ask your MP to explain the time limiting of ESA(CB) for members of the WRAG.
It is unlikely that they will be able to claim JSA, as the eligibility criteria are substantially the same as ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA appeal, is it too late?
elaine22 wrote: What I don't get is how they can say in the summary that she won't be fit for work in the longer term when her problems are the same now as they will be in the long term.
And, if after 365 days they have not helped her back into work, which in itself is a non-starter, how can they justify stopping her benefit? It's not her fault. After all, in the letter we got from DWP it states that being in the WRAG group doesn't mean they think you are fit for work or expect you to look for work. It is contradictory!
Would she be able to sign on to get JSA rather than have nothing coming in at all?
Many thanks
Being placed in the Support Group is down to the claimant meeting the criteria, or not. It perfectly possible for an Olympic athlete to be placed in the SG because they broke both arms while mountain biking and for someone with MS to be placed in the WRAG because, at this time their condition is not serious enough.
I am afraid you will need to ask your MP to explain the time limiting of ESA(CB) for members of the WRAG.
It is unlikely that they will be able to claim JSA, as the eligibility criteria are substantially the same as ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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