ESA Nightmare

mary_1

I was taken off esa work related Contribution Based on 18th December 2012 as I had been on it for 12 months, I wrote to dwp to ask for the decision to be looked at again and for me to be put in support group, got letter back saying they have looked at decision and it cannot be changed, so I sent off the GL 24 form to appeal, I have since had another letter from dwp stating they will look at the decision again and if they can they will revise the decision in my favour, and the appeal will lapse and will not be sent to the courts, and if I have any further evidence can I send it to them. I have not had any money since 18th Dec 2012, and as my husband works fulltime I am not entitled to Income Based esa. If they do not change the decision in my favour and it goes to appeal will I be entitled to esa at the assessment rate? and will I have to send in sick notes whilst waiting for the appeal date?

HB58

No, as you have had 365 days of WRAG and are not eligible for income-related benefit, you will not get any more ESA until and unless you are put into the Support Group.


Edited to add - If you worked until you claimed ESA, you might be able to close this claim and open another one on the basis of your NI contributions. You do need to be very certain that you would be eligible though as you could otherwise end up being entitled to nothing

epitome

When did you last work?
Were you working or claiming IB before you went on ESA in December 2011?

You don't need to close this claim to claim again (this claim is already "closed for payments" but remaining open for NI credits) and if you won the appeal the SG rate on this claim would be re-instated anyway.

mary_1

I last worked in 2004 I was on IB before I went on ESA in Dec 2011

epitome

In that case you can't claim ESA C again to get further payments.

You won't be paid on appeal

You will only get further payments on ESA C if you win the appeal into Support Group then the payments will be backdated to 18 Dec 2012

Meanwhile, whilst on appeal your ESA will continue for NI credits only and you will be periodically re-assessed to continue to qualify for NI credits. If at **any** subsequent WCA re-assessment you are put into support group your payments will start up again, even if it's 6 years from now, as long as this claim remains open (for NI credits) for the whole time.

rogerblack

mary_1 wrote: »

I was taken off esa work related Contribution Based on 18th December 2012 as I had been on it for 12 months, I wrote to dwp to ask for the decision to be looked at again and for me to be put in support group, got letter back saying they have looked at decision and it cannot be changed

What decision did you appeal against - and when?

What does the letter refusing you say about the date of the decision that was being appealed, and when did you send in the appeal?
If it was before (about) 18 Jan 2013, then you were within the time limit to make a late appeal on the decision of around a year earlier to place you in the work-related group.

If they have taken the appeal as a strict appeal against the time-limiting - then that is not changeable, and you may need to take further steps.

However, as implied by Epitome - if your condition has worsened or you have developed a new condition, then you can request that your case is looked at again.
If this results in you being placed in the support group - payment would resume.

On an important note.
Why do you believe you are entitled to the support group - have you inspected the descriptors for it?

epitome

Seconded, just to be sure you need to tell us what the recon letter that did not change the decison says .... What is the date of the decision that you are appealing.?

I just assumed it was the decision of circa December 2011 - the decision to put you in WRAG.

mary_1

My husband took me to stay with our daughter in Australia dec 2012 to jan 2013 when we got back I had a letter dated 19th dec 2012 saying my esa had stopped because of the 12 mth rule, (I know I should have appealed when they put me in wra group 12 mths previous to this but I just hid my head in the sand and didn't want to rock the boat stupid me!) My husband wrote a letter on my behalf dated 30th jan 2013 telling dwp that we had been away when the letter arrived and that was why we were late in replying and asking could I be put in support group. They sent a letter back saying they would send me for another medical assessment which I went to on 13th april 2013. Got a letter from dwp on 25th april saying the decision still cannot be changed. So I sent in appeal GL24 form. That is when I got the letter dated 10 may 2013 saying they will look at the decision I have appealed against and if appropriate they will revise the decision in my favour, If I have further evidence could I sent it to them,(unfortunately my Doctor will not give me a letter saying my condition has got worse) and if they can revise the decision the appeal will lapse, and will not be sent to the courts, if not it will be sent to the courts for appeal.

epitome

willber wrote: »

they found that it was a load of rubbish, you haven't deteriorated.

Not necessarily, all that was found was that she did not meet the support grp criteria, which is nothing to do with deterioration or non deterioration.

You are far too late to challenge the January 2012 decision.

But had she been at home when the Dec 19th 2012 letter had arrived she could have late appealed at that time and it probably would have been accepted.

Even in January when they got back had the letter that was written been sent before 18th January 2013 as a late appeal (GL24) it could have been accepted. But as it was only a letter which did not say the magic words ("appeal Dec 2011 WRAG decision") then it is NOW too late.

It won't make much difference... if she wins SG from Jan 2013 she will only have lost her TA Transitional Amount.