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IR ESA
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11 years 10 months ago - 11 years 10 months ago #108509 by colleen
IR ESA was created by colleen
I am rather confused about my status re ESA. After an ATOS assessment I rather luckily found out that in exactly a year I would be cured of all my ailments and be able to go back to normal work.
. Which I must admit has left me puzzled as I have been unwell for several years and no other Doctor could tell me exactly if and when I would be cured. I should have gone to a (very young) physiotherapist years ago obviously 
However I digress. I am appealing against the WRAG group as I was in support and after medical was (as so many have been) moved to the WRAG. In October my CB ESA stops. I am assuming they will contact me regarding what I do then. I thought it might make a difference as I am appealing the DWP's decision and would not be changed till I have had my appeal heard.
However, I do permitted work with the support of my CPN (Clinical Psychiatric Nurse) and GP. I do invigilating which is sporadic work but without which I would go completely out of mind.
Will I be able to continue to do this if I am moved to IR and will it affect the amount I receive. I have been reading all the various recommended sites but cannot get my head around the rules.
My CPN does not check on me weekly and she is from the Mental Health team not a council or volunter group. The system is if I am having problems I can contact them via the Crisis team and they then intervene.
I do also have physical problems the worse being Fibromyalgia so I get tired rather easily and I am in pain to varying degrees all the time.
The reasoning of ATOS HCP is if I can do the invigilating and also I own a dog then I am 'SURELY' Fit for Work.
Any advice would be extremely welcome.
I am brand new to your forum so I hope this message is okay.
Many thanks


However I digress. I am appealing against the WRAG group as I was in support and after medical was (as so many have been) moved to the WRAG. In October my CB ESA stops. I am assuming they will contact me regarding what I do then. I thought it might make a difference as I am appealing the DWP's decision and would not be changed till I have had my appeal heard.
However, I do permitted work with the support of my CPN (Clinical Psychiatric Nurse) and GP. I do invigilating which is sporadic work but without which I would go completely out of mind.

Will I be able to continue to do this if I am moved to IR and will it affect the amount I receive. I have been reading all the various recommended sites but cannot get my head around the rules.
My CPN does not check on me weekly and she is from the Mental Health team not a council or volunter group. The system is if I am having problems I can contact them via the Crisis team and they then intervene.
I do also have physical problems the worse being Fibromyalgia so I get tired rather easily and I am in pain to varying degrees all the time.
The reasoning of ATOS HCP is if I can do the invigilating and also I own a dog then I am 'SURELY' Fit for Work.
Any advice would be extremely welcome.
I am brand new to your forum so I hope this message is okay.
Many thanks
Last edit: 11 years 10 months ago by slugsta.
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11 years 10 months ago #108514 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic IR ESA
Hello colleen and welcome to the site. As you are new, this will help you find your away around
Welcome to Benefits and Work
As you have discovered, Contributary ESA is limited to 365 days for those in the WRAG. DWP should write to you about 8 weeks before this to warn that your ESA payments will be stopping and to ask if you wish to claim income-related ESA. However, I am hearing many people say that they did not receive this warning letter. If you think you might be entitled to income-related ESA, you can ask DWP for an ESA3 which will assess your income and assets (and those of any partner who lives with you). Income-related ESA is not time-limited in any way.
Have you contacted DWP about your permitted work since you were migrated to ESA? You should not assume that it will be permitted just because it was OK on IB. I'm not sure whether the payment for this would be disregarded if you were on income-related ESA, perhaps one of the other mod's will be able to comment on this.
It would be a good idea for you to bookmark this topic, or make it a favourite on your web browser, now so that you will find it easily in future. That way you will be able to post any further questions on the same thread, this helps the mods as everything is all together in one place
Welcome to Benefits and Work
As you have discovered, Contributary ESA is limited to 365 days for those in the WRAG. DWP should write to you about 8 weeks before this to warn that your ESA payments will be stopping and to ask if you wish to claim income-related ESA. However, I am hearing many people say that they did not receive this warning letter. If you think you might be entitled to income-related ESA, you can ask DWP for an ESA3 which will assess your income and assets (and those of any partner who lives with you). Income-related ESA is not time-limited in any way.
Have you contacted DWP about your permitted work since you were migrated to ESA? You should not assume that it will be permitted just because it was OK on IB. I'm not sure whether the payment for this would be disregarded if you were on income-related ESA, perhaps one of the other mod's will be able to comment on this.
It would be a good idea for you to bookmark this topic, or make it a favourite on your web browser, now so that you will find it easily in future. That way you will be able to post any further questions on the same thread, this helps the mods as everything is all together in one place

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 10 months ago #108517 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IR ESA
Colleen
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I am afraid that your ESA(CB) payments will stop as stated unless you are moved to the Support Group before then, your appealing will make no difference to this.
They should contact you 8 weeks in advance of your ESA(CB) stopping to see whether you are also eligible for ESA(IR), however, you should be aware that we regularly hear of claimants where this has not happened, so you should be proactive in managing the situation. To be eligible for ESA(IR) you will need to meet a means test of household income, assets and savings and any hours that a partner works.
If your Permitted Work is classed as Supported then the rules for the WRAG are the same as those for the Support Group. If it is not SPW then you can only carry out PW in the WRAG at the higher earning limit for 52 weeks, there is no restriction on PW at the lower earning limit. Your earnings from the PW should not be taken into account with regard to ESA(IR).
If you were carrying out PW at the time of the Decision that placed you in the Support Group, then you should be asking the Decision Maker for their justification for moving you to the WRAG, however, if this was something that you started after you were placed in the SG, then whilst PW cannot in itself be used as a reason for moving you to the WRAG, the activities involved in your performing PW can be used if they contradict your reasons for being in the SG.
So in your appeal you need to show that you meet the SG criteria despite your doing PW and your walking your dog.
If you have more questions, please reply to this post.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I am afraid that your ESA(CB) payments will stop as stated unless you are moved to the Support Group before then, your appealing will make no difference to this.
They should contact you 8 weeks in advance of your ESA(CB) stopping to see whether you are also eligible for ESA(IR), however, you should be aware that we regularly hear of claimants where this has not happened, so you should be proactive in managing the situation. To be eligible for ESA(IR) you will need to meet a means test of household income, assets and savings and any hours that a partner works.
If your Permitted Work is classed as Supported then the rules for the WRAG are the same as those for the Support Group. If it is not SPW then you can only carry out PW in the WRAG at the higher earning limit for 52 weeks, there is no restriction on PW at the lower earning limit. Your earnings from the PW should not be taken into account with regard to ESA(IR).
If you were carrying out PW at the time of the Decision that placed you in the Support Group, then you should be asking the Decision Maker for their justification for moving you to the WRAG, however, if this was something that you started after you were placed in the SG, then whilst PW cannot in itself be used as a reason for moving you to the WRAG, the activities involved in your performing PW can be used if they contradict your reasons for being in the SG.
So in your appeal you need to show that you meet the SG criteria despite your doing PW and your walking your dog.
If you have more questions, please reply to this post.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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11 years 10 months ago #108518 by colleen
Replied by colleen on topic IR ESA
Hi Gordon and Mrs Hurtyback. Thankyou for responding to me.
I live alone so no partner to be taken into consideration.
So now then Gordon, I was allowed to undertake SPW about 2 yrs ago for an indefinite period of time, so yes I was doing that work whilst on SESA. Strangely enough I also had a dog (passed away now) and two cats at that time but that did not seem to worry the DWP. I now have another dog and just one cat. It is a very interesting point you have made and I think most helpful. I really had not considered it that way before. Yes indeed I have a friend who is helping me and going to be my representative at the appeal and will pass this info on to him straight away.
Mrs Hurtyback I have favorited this thread and will continue to update. It is now eight weeks from the time that they are supposed to discontinue paying me CBESA. I have not heard yet so will start to make some noises.
Thankyou both
Colleen
I live alone so no partner to be taken into consideration.
So now then Gordon, I was allowed to undertake SPW about 2 yrs ago for an indefinite period of time, so yes I was doing that work whilst on SESA. Strangely enough I also had a dog (passed away now) and two cats at that time but that did not seem to worry the DWP. I now have another dog and just one cat. It is a very interesting point you have made and I think most helpful. I really had not considered it that way before. Yes indeed I have a friend who is helping me and going to be my representative at the appeal and will pass this info on to him straight away.
Mrs Hurtyback I have favorited this thread and will continue to update. It is now eight weeks from the time that they are supposed to discontinue paying me CBESA. I have not heard yet so will start to make some noises.
Thankyou both
Colleen

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