Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Default ESA Appeal Support Group / WRAG Advice needed

    contributionicon 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


  2. #2
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    Default Re: ESA Appeal Support Group / WRAG Advice needed

    The new rules mean you can stay in WRAG for as long as they feel you need to. (as it is now) But after one year, you'd get no money if you don't meet the income based criteria and you have spent the last year on contributions based ESA.


  3. #3
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    Default Re: ESA Appeal Support Group / WRAG Advice needed

    Quote Originally Posted by Nystagmite View Post
    The new rules mean you can stay in WRAG for as long as they feel you need to. (as it is now) But after one year, you'd get no money if you don't meet the income based criteria and you have spent the last year on contributions based ESA.
    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 contributeicon to the second state pension? Otherwise would the only value be remaining eligible for contributionicon 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).


  4. #4
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    Default Re: ESA Appeal Support Group / WRAG Advice needed

    However, unless I'm missing something the only benefit to me would be getting credited with NI contributions??
    Yes


  5. #5
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    Default Re: ESA Appeal Support Group / WRAG Advice needed

    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 contributionicon based ESA should my condition worsen to their idea of Support Group level?

    I'm not willing to claim contributionicon 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!



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