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Appealing

Gareth56
Posts: 915 Forumite
Given that the appeals service is close to collapse and thus the times taken to clear appeals is getting longer and longer what would happen if you are placed in the WRAG of CB ESA which is now time limited to one year and you appeal believing that you should be in the Support Group and the appeal takes over one year to hear? Do you stop receiving your WRAG CB ESA after the one year and then what? Or do you continue to receive your WRAG ESA until the outcome of the appeal?
My thoughts are you stop getting your WRAG CB ESA after one year if your still waiting for an appeal then if you're successful in your appeal and get placed into the Support Group you get any monies owed backdated to when you were kicked off CB ESA to the appeal date. Is this the case?
My thoughts are you stop getting your WRAG CB ESA after one year if your still waiting for an appeal then if you're successful in your appeal and get placed into the Support Group you get any monies owed backdated to when you were kicked off CB ESA to the appeal date. Is this the case?
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Comments
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Yes you are correct, although a claimant may be able to switch to income related ESA at the end of the 365 days if they meet the means test.
The same applies to the assessment rate if appealing a fit for work decision0 -
Thank you.
I don't suppose you know how Section 52 viz. 'Further entitlement after time-limiting' inparticular section 1(a) viz. 'the person has not at any subsequent time ceased to have (or to be treated as having) limited capability for work,' of the Welfare Reform Act 2012 is going to be fullfilled?
What happens a few years down the line after your CB ESA has finished and you've gotten worse but haven't managed to find work etc.
How are they going know that you've had limited capability for work during those years?0 -
Gareth5 wrote:time ceased to have (or to be treated as
How are they going know that you've had limited capability for work during those years?
Periodic assessments as if you were being paid.0 -
rogerblack wrote: »Very simply.
Periodic assessments as if you were being paid.
So these periodic assessments (however periodic those are) could go on for the rest of your life. Presumably the [periodic] assessments take the form of filling out an ESA50 and attending a WCA?
Can you request an assessment at any time if you feel you stand a good chance of getting into the SG?0 -
So these periodic assessments (however periodic those are) could go on for the rest of your life. Presumably the [periodic] assessments take the form of filling out an ESA50 and attending a WCA?
Can you request an assessment at any time if you feel you stand a good chance of getting into the SG?
No.
You can either:
Report a worsened/new condition.
End your claim and reapply (I am unsure if a new assessment period would need served before full payment).
Make an appeal, or a late appeal against the last determination that you were in the work-related group (after 1 month it's a late appeal, after 13 months, it's too late).
You can't if you're outside the limit to appeal simply request that they look again at it, if you don't have a worsening condition.0
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