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ESA and living abroad - advice needed

  • Sinead
  • Topic Author
11 years 10 months ago - 11 years 10 months ago #107532 by Sinead
Hi,

I would appreciate some help or guidance through this esa minefield please :blink:

I worked and lived in the uk for over 15 years. I was involved in an RTA in 2002 and was subsequently diagnosed with chronic fibromyalgia and cervical spondylitis in early 2003. I began receiving IB late 2003 and continued to receive it when I relocated to Ireland with my young kids after my marital breakup. I relocated as I have good family support here. I have not been able to work since 2002.

I had my last dwp medical in Ireland in Sept 2012. I recently received a letter from dwp stating i have been migrated from IB to contributed ESA WRAG, this will end Jan 2014. I rang dwp and asked what options were available to me, was told my esa would end jan 2014, I was advised to request a statement of reasons and a copy of my medical report from Sept 2012 and I could then appeal to go into the Support group if I wanted to, but to look on the positive side - as I'm abroad I didnt have to go to job centre interviews etc as I will not be required or expected to carry out any activities relating to work!! I requested statement of reasons and a copy of the irish medical report. I then received a letter from dwp telling me the difference between WRAG group and Support group and a brief summary of my medical report. This was not what I requested, is this normal procedure?

I was also told by dwp, that I could try and apply for an irish disability benefit as I wouldn't be entitled to income related esa when my contribution esa ends in jan 2014 as I am not resident in uk. I have only worked on a regular basis in the uk before my health issues began, does habitual residence not apply?

Am totally confused by it all so any advice would be appreciated ;)

Thanks
Fibrolady
Last edit: 11 years 10 months ago by . Reason: Tick.

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11 years 10 months ago #107537 by Gordon
Replied by Gordon on topic ESA and living abroad - advice needed
Sinead

We can only give advice in regard to your existing award for ESA.

In broad terms, what you have been told is correct.

As you were on IB you will have been transferred to Contribution Based ESA, payments for ESA(CB) are limited to 365 days for those who are in the WRAG, after this your payments will stop.

If you believe that the Decision was wrong and that you should be in the Support Group, then you can lodge an appeal, have a look at the following and if you have any questions please reply to this post.

Our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Is there any risk to challenging a decision?

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Sinead
  • Topic Author
11 years 10 months ago #107539 by Sinead
Replied by Sinead on topic ESA and living abroad - advice needed
Thanks for the quick reply Gordon, will have a look at the info ;)

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