ESA Mandatory reconsideration and other questions?

I am currently in the Support Group for ESA on the Contribution Based and have been since around March 2012. I have a couple of questions. I have not applied for Income related ESA as I would not be entitled to it due to savings. I have just been sent an ESA50 01/13 form Limited Capability for work questionnaire - pink and white cover.

Please can you tell me if in these instances what would happen?

1) They take me off ESA altogether BEFORE October 28th 2013 not even putting me in the Work Related group, can I appeal immediately and immediately receive the Basic Rate of CB ESA Support group rate? or do I have to wait for a mandatory reconsideration?

2) When do mandatory reconsiderations begin for Contribution Based ESA Support Group?

3) What happens if they put me into the CB ESA Work related group BEFORE October 28th 2013? Can I appeal also immediately to go back into the Support Group and still get the full rate of CB ESA Work related rate?

4) I have never been in the Work Related ESA Group before, if they took me out of the support group into the Work Related Group, would the time I spent in the CB ESA Support group be taken off my time in the Work related group or would my time in the work related group start afresh ie a whole year?

4) Can anyone give me any advice on what evidence to send with my ESA50 as due to my medical conditions I can not get out the house hardly so haven't been able to get to appointments with specialists so will only have a letter from my GP. The specialists were unwilling to make home visits to see me. I asked them if they could give an expert opinion by looking at my GP letters but they were unwilling and also unwilling to make telephone appointments. So I am concerned as I will have probably no evidence other than my GPs letter. I was thinking of maybe going private for some kind of expert opinion having a telephone appointment or something.

Hope someone can help please.

Thanks Gordon, I appreciate that.

In relation to question 4, and they took me out of the support group into the Work Group they couldn't say I had used up all of my Contribution Based entitlement since being in the Support group could they? or could they say as its a new group you are in and you have not been in work (Obviously) in the last last year/s then you have not built up any contributions so you are not entitled to any money from the CB ESA Work related group?

If so, could I still appeal to go back into the support group and still receive the basic CB Rate of ESA? If that makes sense?

I don't qualify for Income related ESA due to savings, well almost nothing of it.

Thanks again your replies were very helpful!!

PS - Or could they say for instance if they found me fit to work and I appealed the decision, they couldn't say I wont be entitled to Contribution Based Basic Rate as my NI Contributions have run out or its like a new claim and because I haven't worked obviously in the last tax year etc that I wont actually get any money? If that makes sense?

Thanks again....sorry for the other questions just its quite stressful.

neptune1980 wrote: PS - Or could they say for instance if they found me fit to work and I appealed the decision, they couldn't say I wont be entitled to Contribution Based Basic Rate as my NI Contributions have run out or its like a new claim and because I haven't worked obviously in the last tax year etc that I wont actually get any money? If that makes sense?

Thanks again....sorry for the other questions just its quite stressful.

Hi n1980,

Any time spent in the SG in receipt of CB ESA does not count against your 365 day entitlement to CB ESA.

Only time spent in The WRAG or in receipt of Assessment Rate ESA, if it is CB ESA only counts against your 365 day entitlement.

Therefore, if you have only ever been in The SG of ESA, you still have your full 365 days entitlement to CB ESA, if they put you in The WRAG at your next or any subsequent reassessment.

Likewise, if you were found fit for work, you would still have your full 365 days entitlement to CB ESA at the Assessment Rate whilst appealing

12 Month Limit for ESA(CB)

bro58

Hi n1980,

As I see from your first post that you have received The ESA50 01/2013, you may wish to consider :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides under the heading of "New ESA50 form"

On this page :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or ATOS

bro58