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bladerunner22

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Everything posted by bladerunner22

  1. bladerunner22
    I have been searching the web for clarification at what you say Flumps, came across the Esa guidlines which looks like they were updated last November 2012. It states WFI"s are voluntary for 1. Support Group 2. Credits Only Claimants 3. Lone Parents with a child uner the age of 5. So looks like I"m off the hook for the time being, think I will still phone DWP Monday though just to make sure/
  2. bladerunner22
    Flumps surely I dont have to attend???? I am no longer classed as an Esa benefit claimant, am I?? as I said before my payments stopped last November because of the 365 day rule. Seems a bit crazy to me that I never had to attend a WFI during the 365 days I was in Wrag, then 3 months after Esa stopped they want me in for a WFI. I dont qualify for any other benefits including Jsa as my partner works and we have savings above the threshold.
  3. bladerunner22
    Help needed please on a very similar situation, sorry for hijacking this thread but cant find how I start my own. I was placed in Wrag Contribution Based in November 2011. I sent in my appeal straight away as I feel I should be in the SG. The appeal only went to Tribunal in November 2012 at the same time as my Esa payments were stopped because of the 365 day rule, I do not qualify for the Income based Esa. Today I received a letter to attend a WFI early in February 2013, my question is, do I have to attend this appointment as my Esa has already stopped, or do I have to attend whilst I am appealing, thanks for any input guys.
  4. bladerunner22
    As there is no forthcoming advice, I take it I have stumped everyone with this scenario, looks like my Daughter is homeless then ??
  5. bladerunner22
    id6052, That suggestion is easier said than done, he is housebound, never leaves the property due to his mental illness, that is why he is classed as a vunerable person by the Council, we already thought of that..... so that is out the question
  6. bladerunner22
    Thats true estellyn, I am not entitled to income based as my husband works and we have savings, my contribution based incapacity benefit was protected when I moved over to esa.
  7. bladerunner22
    Thats what I thought but not completley sure, thanks for all your help and advice it is appreciated.
  8. bladerunner22
    So if I win they will owe payments from when the Tribunal is heard back to when my wrag payments stopped, is that correct? also just one more question, If my health was to improve in the future and placed back into the Wrag group will I be entitled again for 365 days??.
  9. bladerunner22
    Yes I know there"s no 365 day rule in Support Group, therefore if I win my appeal to be placed in the Support Group from October 2011 will my payments resume again??? as they have now stopped because of my Wrag (CB)status and the 365 day rule, DWP has only just sent my appeal to Tribunal, this may take up to another year to be heard.
  10. bladerunner22
    There wont be any backdated payments, I have been receiving more than the Support Group payment anyway. or have I?? I have been receiving £232 every 2 weeks. Or do you mean if I win, Support Group payments will be backdated to when my CB Wrag payments stopped.
  11. bladerunner22
    No permission was asked for, they moved into the house as a family, the reason the Tenancy Agreement is soley in my daughters name is because she was the only one to be on the waiting list for a Council Property. They knew her partner and son was moving in with her. They have said he has no rights to be occupying the property without her being there as he is not named on the aggreement, but as she gave him a key and he has lived there for 7 years, also classed as a vunerable person ( he is in the Support Group of Esa) there hands are tied and are unable to remove him. He has asked for the Tenancy to be changed into his name, that way the Council would be able to help my Daughter with another property, they have refused to do this, saying he has no rights to be there, but they cant remove him,catch 22 situation....I suppose he"s a squatter, my Daughter is still responsible for the rent and council tax although she is not living there, hence Council aggreeing to pay these in her temporary absence.
  12. bladerunner22
    Hi everyone, Dont know if I am in the right place, feel free to move if not. This is my problem, my Daughter is the tennant of a Council Property her sole name on the aggreement. She has lived in the property with her partner and their little boy for the last 7 years. Beginning of May this year she and her son had to flea the property in the middle of the night because her partner became abusive and violent towards her. She has been trying to end the relashionship for a while but he refuses to leave the property She has told the Council of the situation she finds herself in, they told her they would get the now ex removed from the property so that she could return, Long story short they have now informed her, after speaking to their legal team there is nothing they can do to remove him as he is classed as a vunerable person, but agreed to still pay housing benefits in her temporary absence, she has to make her own arrangements to get him removed. She went to see a Solicitor, was awarded Legal Aid to get an Occupation Order, after the Solicitor had spoken to their Housing Team it looks very unlikely a Court would give her the Occupation Order so dont want to pursue the matter. For housing benefits to carry on being paid in her temporary absence she has to be willing to go back to the property when all this mess is sorted and prove what actions she is taking to remove the threat of violence from her property. We are now at a loss of what to do next, she cannot give the property back to the council, this would make her intentionally homeless and they would be unable to help her any further, but in reality she is homeless with a 9 year old child in tow. She has great family and friends helping out, but the point is if the Council are unable to help and the Legal system is unable to help, who will help?? Any ideas folks would be appreciated.
  13. bladerunner22
    You need to fill in a GL24 appeals form, phone the DWP office to request one and tell them you wish to be paid at the assssment rate, they will then have it on file, if you just send in a letter and Fit Note they may get lost, then all they will do is send out a GL24 to you, this is all wasting time as you only have 4 weeks to get the appeal in, dont wait for the Written Statement of Reasons or the Medical Report before you send in your appeal, make sure you send your appeal recorded delivery and at least 10 days before the 4 weeks is up.
  14. bladerunner22
    Sorry osdset, I must sound like a parrot lol, we must have been typing at the same time.
  15. bladerunner22
    You need to fill in GL24 appeals form and send it off, remember you only have 4 weeks from when the decision was made to do this, you dont need to put any information on the form at this stage, only that you wish to appeal as you feel the decision made is the wrong one. Phone the DWP office that deals with your claim and request a copy of form ESA85, this is the medical report, you will then know why you failed to gain enough points. Once you have sent your appeals form off the DWP will reconsider whether they can change the decision in your favour, if they cant they will send your papers off to a Tribunal, they will also send you copies of these said papers. You then need to start preparing for your appeal, maybe with the help from someone at CAB, once prepared you send off all documents and evidence to the Tribunal. Please bear in mind this is a very long process, I sent off my appeal papers last October and they have only just gone to appeal 13 months later and it could still be up to a year before I go before the Tribunal. Dont let this deter you from appealing, that is what the DWP want, to get people off benefits, stick to your guns, whilst you are appealing you can be paid at the assessment rate, you will need to send in fit notes to get this.
  16. bladerunner22
    I have never had to send fit notes in, I was on IB and migrated over to Esa and placed into the Wrag group in October 2011, it has taken all this time for me to receive the appeal pack from Dwp, 13 months in fact. I was receiving more than the Support Group payments anyway as they kept my payments the same as when I was receiving IB, so doubt there will be any back payments to come my way, as I said before my payments have now stopped because of the 365 day rule and therefore not classed anymore as receiving benefits. What I really am confused about is, if I win appeal to be placed in Support Group, does that mean those 365 days dont count in Wrag Group and my payments will resume, or will my payments not resume, will I have to make a new claim. Because of the delay in sending my papers to the Tribunal, payments having stopped, not classed as being on Esa anymore etc this is what is confusing as to what will happen if I was to win. Oh just thought of something... would I be entitled to assessment rate whilst awaiting appeal?? even though I have already had 365 days.
  17. bladerunner22
    I appreciate the very good advice thankyou. I have stated on my Tribunal papers that I will be attending, but dont really know wether I will be able to attend on the day, suppose I will have at least 6/9 months to prepare though, which in itself is starting to panic me.I dont know wether it is worth all the stress now my payments have stopped. Just one other question what will happen if I do sucessfully win at Tribunal, will my payments resume automatically?? as if I was put into support group it would be for the 365 day period I was in wrag group.....
  18. bladerunner22
    Right ok...Thanks. Would I still satisfy the descriptor if say on a good day I was able to spend an hour with someone familiar or unfamiliar say twice a year????? such as the HCP from Atos, as that is DWP argument.
  19. bladerunner22
    Right let me see if I got this right then, if I always walk out the room to avoid family when they come to visit, because that is what I do to avoid becoming distressed, never leave the house to meet family or friends, that is precluded, and this has to happen for the Majority of the time, is that right ??? so on a good day if I was to spend an hour with one of my grandchildren say twice a year I would still satisfy that descriptor????
  20. bladerunner22
    Thanks for that estellyn, yes I am aware of all that and I am appealing on those very grounds you state, so the Esa Regulations 2008 34 (1), (2) are not worth the paper they are written on, as they state a LCWRA which is Support Group, a claimant has to satisfiy a prescribed descriptor for the Majority of the time, or for the Majority of time the claimant trys to undertake the task, not in those words I quote, but the meaning is the same.
  21. bladerunner22
    Sorry Nystagmite, I have edited my post into paragraphs, hope it makes more sense now.
  22. bladerunner22
    thanks estellyn for your input, yes I know the support group descriptors, looking at my esa85 report I satisfy one of those said descriptors according to the Employment and Support Allowance Regulations 2008 34 (1), (2). if you read this you will find that Majority of the time is the keywords, I have it in black and white from Atos I satisfy a support group descriptor for the Majority of the time, so again my questions are:- what do I do next as I was placed into the wrag group? in your opinion should I have been placed into the support group, if you read my original post again you will see I satisfy a support group descriptor as explained by Atos in my medical report.
  23. bladerunner22
    Thanks honeybee 13.
  24. bladerunner22
    Hi, I am new to the forum and desperate for some advice or views. I was migrated from IB to Esa Contribution based last October 2011 and placed in the Wrag Group, my payments have just recently been stopped because of the 365 day rule, I do not meet the criteria for Income based Esa. . I asked for a reconsideration on the decision as I felt I qualified for the Support Group. The decision was to remain the same, Wrag group. I then appealed the reconsidered decision in May of 2012, as part of the appeal they firstly reconcidered the decision again to no satisfaction, still to remain in the Wrag Group and appeal papers sent to Tribunal. I have just recently one year on from the original decision received appeal pack from Dwp which has also been sent to the Tribunal. Amongst other things there is guidance notes to help the Tribunal with its decision. One of the guidance notes states:- A claimant has Limited Capability for Work Relatied Activity ( Support Group) if they satisfy at least one of the Support Group Descriptors. A discriptor is satisfied if it applies for the majority of the time ( Majority is the key word) or, as the case maybe, for the majority of the occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor. The reference:- The Employment and Support Allowance regulations 2008 34 (1), (2). When I received my Esa85 medical report from Atos one of the descriptors I satisfied was, Engagement in social contact with someone unfamiliar to the claimant is not possible for the majority ( again key word Majority) of the time due to difficulty relating to others or significant distress experienced by the claimant. My questions are, do I satisfy this descriptor in your opinion taking into consideration the wording of the Esa regulation 2008, should I have been placed in the Support Group? if I should have been in Support Group what is my next step as the Support Group does not apply to the 365 day rule and my payments have already stopped. I have telephoned Dwp to discuss this several times and request a call back but no one has bothered to phone me back, I have just recently emailed my MP to ask for his help. Advice or your views would be much appreciated.

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