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HELP WITH ESA

  • sandy27
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10 years 9 months ago - 10 years 9 months ago #106151 by sandy27
HELP WITH ESA was created by sandy27
hi I am new to benefit and works I only joined at the week end my court appeal is on Thursday as off many of yourselves it has been very stressful and I got to the point of sticking my head in the sand and hoping it will sort itself out I found this website by accident and just reading people's feedback of how much help thay have got I signed up straight away this weekend, I only got the paperwork out the weekend. I got no points at my medical and they put me on job seekers I put in for an appeal and a few months later I got a letter saying they are going to put me on esa because they had lost my esa 55 i am not sure what this is but thay put me in the wfag they have been making me go to interviews even though I suffer with chronic pain . i keep reading that esa only last for 365 days is this for new claims or is it for everybody, I'm very worried about Thursday so any advice would be grateful thanks p.s Please excuse my spelling and I am dyslexic
Last edit: 10 years 9 months ago by slugsta.

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10 years 9 months ago #106156 by slugsta
Replied by slugsta on topic HELP WITH ESA
Hi Sandy Welcome to Benefits and Work

It certainly sounds as if you were put into the Work Related Activity Group (WRAG). You will get 365 days (including the assessment period if you did not transfer from IB) of this and then you will be means-tested to see if you are entitled to income-related ESA. If so, your ESA will continue to be paid; if not, you will get NI credits made on your behalf but no money.

12 Month Limit for ESA(CB)

Time spent in the Support Group is unlimited. In order to qualify for the Support Group you will have to meet very specific criteria, you should concentrate on this at your tribunal hearing

Qualifying for the Support Group

You should look at all of our Appeals FAQs , paying particular attention to this one

Preparing for a Tribunal

and this

Disability Rights UK Factsheet - Appeals and reconsiderations

There will be two tribunal members, one is the chairperson and the other a doctor. The DWP are entitled to send someone along but rarely do. The Clerk of the Court will look after you on the day

This is a short video showing you what to expect

If you have further questions, please come back and ask them on this topic/thread as it really helps us if everything is kept in one place. You will find this easily in future if you bookmark it, or make it a favourite, now.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • sandy27
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10 years 9 months ago #106163 by sandy27
Replied by sandy27 on topic HELP WITH ESA
Thank you for your apply I was on incapacity benefit the letter I received reads my revised decision is that Mrs. my name is treated as having limited capability for work, and her existing award qualifies for conversion into employment and support allowance from the23.10.2012 and will be placed in work related activity group

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10 years 9 months ago #106166 by Gordon
Replied by Gordon on topic HELP WITH ESA

sandy27 wrote: Thank you for your apply I was on incapacity benefit the letter I received reads my revised decision is that Mrs. my name is treated as having limited capability for work, and her existing award qualifies for conversion into employment and support allowance from the23.10.2012 and will be placed in work related activity group


It may just be the way you have worded your post, but you say that you appealed a Fit for Work Decision, and then the DWP put you in the WRAG.

Is the appeal in connection with the Fit for Work Decision or the WRAG one? The reason I ask is because of what you have posted I would have expected any appeal in connection with the Fit for Work Decision to have been waived as a result of the WRAG Decision. Of course, if it is the WRAG Decision that you appealed then there would still be a valid appeal.

Gordon

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  • sandy27
  • Topic Author
10 years 9 months ago - 10 years 9 months ago #106179 by sandy27
Replied by sandy27 on topic HELP WITH ESA
Yes the appeal is about wfag put I wasn't sure of the about the 365 days thing I was converted to esa, from ib I was on the ib for a number of years as the decision was converted back to October 2012 wasn't sure if it was every body or just knew claims thanks sandy
Last edit: 10 years 9 months ago by Gordon.

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10 years 9 months ago #106184 by Gordon
Replied by Gordon on topic HELP WITH ESA

sandy27 wrote: Yes the appeal is about wfag put I wasn't sure of the about the 365 days thing I was converted to esa, from ib I was on the ib for a number of years as the decision was converted back to October 2012 wasn't sure if it was every body or just knew claims thanks sandy


The 365 day limit affects everybody receiving ESA(CB) in the WRAG.

If you win your appeal and are placed in the Support Group, then your ESA(CB) will continue to be paid, in addition, you may also be eligible for Income Related ESA, which has no time limit associated with it.

Gordon

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