ESA stopped since Aug 2017

My wife was getting ESA and was on support group. However after she was examined by a Health Care Professional on 30/09/2016, She was transfered to WRAG limited capability for work.

The ESA payments were stopped from 4/8/2017 stating that she cannot be paid as she has reached the maximum of 365 days that one can get Contribution based ESA.

When we appealed it was decided that the decision was ' Following assessment the HCP has recommended 6 points for mobilising and 6 points for standing and sitting. Having considered the available evidence from the assessment and further information gathered from the assurance call, the Decision Maker has decided that she has scored 15 points from the appropriate descriptors contained in schedule 2 of the ESA Regulations and therefore has limited capability for work (LCW).

GOV.UK website for Employment and Support Allowance states that ‘’You may be able to re-apply at least 12 weeks after your new style or contributory ESA ends’’

I also received the Extra Money – Severe Disability Premium letter dated 04 September 2018 enclosing the form to be filled up. The form was duly filled and submitted to DWP.

Still they have replied again that she is not entitled as she has reached the maximum of 365 days of Contribution based ESA and is not entiltled to income based ESA as the spouse income is high.

Kindly advise what to write in the Reconsideration request letter to DWP.

Thanks

Hi Gordon,

I am filing new application for CB ESA. Part 5 : About work, It says '' Still tick yes and answer the question below if you're not working at the moment because of disability, illness or heath condition.... Please advise as my wife last worked in 2013/14 and was made redundant on the basis that funding was not available. This was after her illness in 2011 and recurrent in 2013.

Kindly advise.

She has been receiving NI Credits from her ESA award for the years 2016/17 and 2017/18.