- Posts: 51101
× Members
ESA WRAG. Should I appeal?
- Gordon
- Offline
Less More
10 years 10 months ago #106357 by Gordon
We are trying to find out whether you are receiving payment for your ESA, in your first post you stated;
"The letter tells me I have been placed in the work-related activity group. It also says that they are now going to start paying me some money every week to which I am obviously not entitled, but that's another battle!"
If you are receiving payment for your ESA, even if it turns out to be an over payment, then you are required to participate n Work Related Activity and attend WFIs as requested.
If you are not receiving payments and your claim is classed as being Credits Only, then you are not.
The rates for ESA are different from those that you would have received on IB, also whilst the rules for deductions are substantially the same, it is possible that the reasons that your IB was not payable under IB may not apply under ESA.
If you believe that there is an over payment of your ESA then you should contact your local DWP office and make them aware, obviously you should not dispose of the money until the matter is resolved as the DWP may be able to reclaim it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA WRAG. Should I appeal?
Skewedhalo wrote: Hi bro58,
"Are you sure that this is an NI Credits only ESA Claim, as you were rather vague in your original post ?"
All I know is that for the past 8 years I have been required to apply for incapacity benefit, attend ATOS medicals and jump through the required hoops. I would then get told that I qualified for IB but because of my income the amount I would receive would be nil. I did have my NI credits paid. I presumed that for ESA the same things would happen. I don't know anything about a specific NI credits only claim.
The fact is that my income could stop at any point; my ex-employer's are under no legal obligation to pay me. If that happened then hopefully I would then qualify for contribution-based ESA, although I understand that if I were to remain in the WRAG this would only be for a year.
S
We are trying to find out whether you are receiving payment for your ESA, in your first post you stated;
"The letter tells me I have been placed in the work-related activity group. It also says that they are now going to start paying me some money every week to which I am obviously not entitled, but that's another battle!"
If you are receiving payment for your ESA, even if it turns out to be an over payment, then you are required to participate n Work Related Activity and attend WFIs as requested.
If you are not receiving payments and your claim is classed as being Credits Only, then you are not.
The rates for ESA are different from those that you would have received on IB, also whilst the rules for deductions are substantially the same, it is possible that the reasons that your IB was not payable under IB may not apply under ESA.
If you believe that there is an over payment of your ESA then you should contact your local DWP office and make them aware, obviously you should not dispose of the money until the matter is resolved as the DWP may be able to reclaim it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Skewedhalo
- Topic Author
- Offline
Less More
- Posts: 9
10 years 7 months ago - 10 years 7 months ago #110237 by Skewedhalo
Replied by Skewedhalo on topic ESA WRAG. Should I appeal?
Long story short, I was placed in the WRAG and have appealed. I followed this website's suggestion and put in a formal request for all information relating to the decision.
It took far longer than 40 days, but I have now received a bundle of papers. The only document that isn't a copy of what I initially submitted is a form LT54 headed "Decisions - claims, revisions, supersessions, etc, determination of questions and reconsiderations." This form merely states what the decision was. I still have no information regarding what points were awarded for what.
Am I right in thinking I should have been given this information and so will have to go back and ask again? Please advise.
Thank you.
It took far longer than 40 days, but I have now received a bundle of papers. The only document that isn't a copy of what I initially submitted is a form LT54 headed "Decisions - claims, revisions, supersessions, etc, determination of questions and reconsiderations." This form merely states what the decision was. I still have no information regarding what points were awarded for what.
Am I right in thinking I should have been given this information and so will have to go back and ask again? Please advise.
Thank you.
Last edit: 10 years 7 months ago by bro58.
Please Log in or Create an account to join the conversation.
- bro58
10 years 7 months ago - 10 years 7 months ago #110240 by bro58
Replied by bro58 on topic ESA WRAG. Should I appeal?
Hi S,
I have merged your post with your previous topic for continuity.
As it seems that you were placed into The WRAG without a face to face, then there should also be an ESA85A medical report.
Although this will not go into detail regarding how many points you received. Score sheets are generally only compiled as a result of a face to face, normally with fit for work decisions. The ESA85A should give some indication of why you were placed into The WRAG.
However, it could simply state words to the effect that you have met the threshold of LCW, with respect to The Schedule 2 Descriptors.
They can be most vague.
You could make a particular written request with regards to which of The Schedule 2 (WRAG, LCW ) Descriptors were applied.
See the information on the links below, also :
ESA Forms
ESA medical – what forms to ask for?
bro58
I have merged your post with your previous topic for continuity.
As it seems that you were placed into The WRAG without a face to face, then there should also be an ESA85A medical report.
Although this will not go into detail regarding how many points you received. Score sheets are generally only compiled as a result of a face to face, normally with fit for work decisions. The ESA85A should give some indication of why you were placed into The WRAG.
However, it could simply state words to the effect that you have met the threshold of LCW, with respect to The Schedule 2 Descriptors.
They can be most vague.
You could make a particular written request with regards to which of The Schedule 2 (WRAG, LCW ) Descriptors were applied.
See the information on the links below, also :
ESA Forms
ESA medical – what forms to ask for?
bro58
Last edit: 10 years 7 months ago by bro58.
Please Log in or Create an account to join the conversation.
- Skewedhalo
- Topic Author
- Offline
Less More
- Posts: 9
10 years 7 months ago - 10 years 7 months ago #110249 by Skewedhalo
Replied by Skewedhalo on topic ESA WRAG. Should I appeal?
Thank you. I will try asking for the ESA85A. How I am supposed to put together an appeal when I don't know how they've made their decision is beyond me!
S
S
Last edit: 10 years 7 months ago by bro58.
Please Log in or Create an account to join the conversation.
- bro58
10 years 7 months ago - 10 years 7 months ago #110251 by bro58
Hi S,
There is no doubt that an ESA85A would have been generated by an ATOS HCP, there must be one.
Whilst contesting statements made in The ESA85A may help, you should concentrate your appeal on clarifying and reiterating how and why you should have been placed into The SG.
This can be done by referring to medical evidence, and drawing reference to your resulting limitations, and how these limitations fulfill at least one of The SG (LCWRA) Schedule 3 Descriptors, and/or The Exceptional Circumstances Rule at ESA Reg 35 with respect to any Substantial Risk.
SG (LCWRA)Schedule 3 Descriptors
ESA Reg 35 for entry to The SG (LCWRA)
bro58
Replied by bro58 on topic ESA WRAG. Should I appeal?
Skewedhalo wrote: Thank you. I will try asking for the ESA85A. How I am supposed to put together an appeal when I don't know how they've made their decision is beyond me!
S
Hi S,
There is no doubt that an ESA85A would have been generated by an ATOS HCP, there must be one.
Whilst contesting statements made in The ESA85A may help, you should concentrate your appeal on clarifying and reiterating how and why you should have been placed into The SG.
This can be done by referring to medical evidence, and drawing reference to your resulting limitations, and how these limitations fulfill at least one of The SG (LCWRA) Schedule 3 Descriptors, and/or The Exceptional Circumstances Rule at ESA Reg 35 with respect to any Substantial Risk.
SG (LCWRA)Schedule 3 Descriptors
ESA Reg 35 for entry to The SG (LCWRA)
bro58
Last edit: 10 years 7 months ago by bro58.
Please Log in or Create an account to join the conversation.
Moderators: bro58, Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris