Please HELP I think I have done everything wrong!

beepeez wrote: Just a quick query as a bit confused. Although I won my appeal in May and did not spot the fact I had been put in WRAG until after the 28 days in which to appeal I have read somewhere that I have up to 13 months to appeal. Please can you clarify for me as I am reachinmg end of contribution based and will not qualify for income based ESA. Thanks. B

I am afraid the 13 months applies to appeals to the Lower Tribunal, as your WRAG placement was the result of an appeal Decision, your only option for challenging it was to make a further appeal to the Upper Tribunal, unfortunately you were already outside of the one month time limit to do this when you originally posted in the forum at the end of June.

Your only option in regard to the Support Group, is to show that you condition has deteriorated or you have a new condition such that you now meet the criteria for the SG. If this is the case then you can contact the DWP to inform them of the Change of Circumstances and that you want to be re-assessed, you will need to provide medical evidence that specifically shows the change and will likely have to complete a new ESA50 and attend a face to face assessment.

Have you checked whether you are eligible for Income Related ESA? Providing you can meet the means test of household income, assets and savings and any hours that a partner works, you will be moved to ESA(IR) and continue to receive ESA payments.

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon