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Error_Prone

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  1. Thanks for your reply. I would rather not "poke the bear" for the moment if the only benefit would be c. £5 per week (difference between WRAG and SG ??). Am I right in thinking that the ESA will stop exactly one year from when I was moved to the WRAG? Will I be sent a formal notification of this? Would that be the time to ask for a review or will that happen automatically? To be honest I feel (as best I understand it) that I'm right on the borderline between the SG and the WRAG. Is it the case that the SG criteria were tightened up and that is why I was moved despite even ATOS agreeing that I had "passed" (seems the wrong word) their medical this time? Thanks for any advice.
  2. I would be grateful for some expert advice please. I currently get contribution based ESA and am (wrongly ??) in the WRAG. The year will be up in about three months. I am not eligible for anything means tested due to my savings. Brief history as follows....... Failed first ATOS medical with 6 points. Several doctor's letters got me a reconsideration and placed in Support Group. Failed second ATOS medical (about six months later) with 12 points. Again submitted further medical evidence and got another reconsideration to Support Group for about a year. Passed third ATOS medical this time getting 18 points but was placed in Work Group. Called to "Work Focused" interview but managed to get this postponed pending appeal as I would have found this pretty well impossible to attend. Reconsideration refused so lodged formal appeal. Unfortunately I did not feel well enough to attend appeal and did not have any representation so I wrote withdrawing it a few days before hearing was due. At the time I did not realise that the Work Group was time limited and I could not face the stress of the appeal for the sake of a few pounds a week difference. There has been no attempt to call me to any further "Work Focused" interviews and the six month review suggested on the ATOS report has well passed without being called to a further medical. What is likely to happen now? I'm reluctant to stir anything up for fear of having to attend interviews at the Job Centre. If the ESA WRAG runs its course can I then appeal in an attempt to get into the Support Group again? I am not willing to claim JSA which in any case (as I understand it) would only be available for six months then would be means tested and not available to me. I'd be most grateful for any advice. Thanks.
  3. OK Thanks. So, if I remain in the WRAG until the year is up and payments stop what we are saying is that they would continue to credit me with NI contributions presumably subject to still attending the dreaded ESA "medical" etc? If at any stage I get put back in the support group payments would start again? As I mentioned I have more than enough NI contributions for a full state pension. Therefore if I drop out of the ESA system because it is too much hassle just for the contributions how long would I remain eligible for contribution based ESA should my condition worsen to their idea of Support Group level? I'm not willing to claim contribution based JSA for the six months it would be available as the procedures would be counterproductive to my health. I realise I am fortunate in that I don't desperately need the money. I believe I am entitled to ESA on medical grounds at support group level and I have sent in an appeal with appropriate doctor's letters etc. However this seems to have vanished into a black hole!
  4. OK, thanks. However, unless I'm missing something the only benefit to me would be getting credited with NI contributions?? I have more than enough years for a full basic state pension. Do these contribute to the second state pension? Otherwise would the only value be remaining eligible for contribution based benefits in the future such as the ESA Support Group should I meet the medical criteria? For the foreseeable future my assets are too high to be eligible for anything means tested. Also, does the year start from when I was moved to the WRAG (I was in the Support Group before).
  5. Contribution based ESA. I had been in the Support Group for around two years but was moved to the WRAG following a "medical" a few months back. Ironically I "passed" the most recent medical. The previous two I "failed" but each time I obtained a reconsideration after submitting doctors letters without having to go to a formal appeal. This time I queried the decision and was initially told it was automatic but should have been looked at by a decision maker. Meanwhile I had been sent an appointment for a "Work Focused Interview". I was told to contact the local office and ask for this to be postponed pending a decision. This was agreed. A few weeks later I got a letter saying they were unable to change the decision but I could appeal if I wished. I send in a detailed appeal with supporting evidence and a letter saying I couldn't see how their decision could be a "reconsideration" as apparently no original decision had been made! Again, after a couple of weeks, I got a letter saying they would look again at the decision and if it could be changed in my favour the appeal would lapse. This was five weeks ago and I heard nothing further. I'm still getting the WRAG paid into my account and have not been called to any further meetings. Would I be best to chase this or let sleeping dogs lie? To be honest I would rather have the slightly lower amount of money than risk stirring things up and have to attend the "work Focused Interviews". However I am conscious that the new rules mean I can only stay in the WRAG for 1 year (??) so presumably this will come to an end in about 9 months time if I don't get upgraded. Any advice would be appreciated. Thanks
  6. I am currently getting contribution based ESA. I was recently moved from the Support Group to the Work Related Activity Group (although I'm currently seeking a reconsideration of this decision). Today I received the standard letter warning of the proposed limit of one year maximum for those in the WRAG. Despite reading the letter several times I'm still not clear when this one year period begins in my case. Is it a year from the date I was moved to the WRAG? or Is it a year from when I started getting ESA? If it is the latter then I assume my ESA will stop in the spring of 2012 unless my reconsideration is accepted? If anybody can clarify I would be most grateful. Thanks
  7. Thanks, I didn't know there had been a change. I've not found anything with a very quick "Google" but will look harder later. My thoughts exactly!
  8. Thanks - it sounds as if we are in very similar positions. Regarding the support group. Presumably I must have met the criteria on the last two occasions (after "reconsideration") and my medical history sadly shows that my condition has if anything got worse. Unless they made the wrong decision on the previous occasions or the goal posts have moved it is hard for me to see why I'm now suddenly WRAG. I suppose where I'm at is that I'm prepared to fill in a form once a year, attend an ATOS "medical" and if necessary send in doctor's letters that contradict ATOS opinion. Half of me says "I've worked very hard and paid a lot of tax and NI over the last 30+ years and now, through no fault of my own I'm not able to. Why shouldn't I have what I'm entitled to whether I agree with the system or not". The other half says "*&^% it, for the sake of a taxable £90 a week which will dry up in a year my health is too important to have the hassle". I fully appreciate and sympathise with the many who may be reading this and don't have that luxury (if you can call it that). Maybe all benefits should be income based in which case I wouldn't get anything? Or maybe those that have paid the most in should get the most out if they qualify on purely medical grounds? Now there is a fundamental debate!
  9. I hope some kind people can help me... I've posted advice in other areas of the CAG forums so have set up a new user ID for this thread for reasons of confidentiality. Brief history...... About three years ago I went off sick long term from work. Once SSP ran out work insisted, as part of their extensive sick pay scheme, that I claimed ESA (all the rules said IB as they had not been updated)! Basically my company sick pay was reduced by the whole amount of any ESA I received. After the 13 week "assessment period" I was sent for the dreaded ATOS medical and, like most people, "failed" with 6 points. Work insisted I appealed and I used copies of a number of letters from an Occupational Health Physician to back this up. DWP reconsidered and I was placed in the support group without having to go to a formal appeal. I had to leave my job and received some money via a compromise agreement. Six months later I was sent for another ATOS medical and failed again - this time 12 points. My GP wrote a letter detailing all the areas ATOS had overlooked and this again got me moved back into the support group on reconsideration. The DM awarded an additional 18 points based on the doctor's letter giving 30 in total. 14 months further on (quite recently) I was sent to ATOS again. This time it seems I "passed" (although I don't know how many points) and I have received a letter saying I am now in the WRAG. I know that my doctors will not consider this appropriate but is there any risk in appealing? The main concern is having to attend these "interviews" which will be difficult. I also seem to be getting about a fiver a week less money. Am I right in thinking I can only be in this group for a maximum of a year? I only get contribution based ESA as my assets are above the level for any means tested benefits. Although I'm not wealthy by any means I could manage financially without this money so I'm only prepared to jump through so many hoops to get it. Basically, this is because I spent far too many years working all hours and was able to put quite a bit away "for a rainy day". Sadly that day has come. I'm not prepared to claim JSA as I'm not realistically likely to get a job that I'm able to do. In any case (correct me if I wrong) I would only receive it for six months? I have paid enough NI contributions to qualify for the full state pension so having these credited is of no benefit. I would be most grateful for any advice. Thanks.
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