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EAS, appeals and permitted work


rachmac83
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hi everyone,

 

Long time no post for me but I'm in desperate need of some help.

 

i currently claim ESA and have been in the WRAG for about 18 months now however my condition has deteriorated and I now meet at least two of the descriptors for the support group. it was up for renewal in November and I was sent an ESA 50 and sent it off after hearing no word from them at the beginning of February I rang up and asked what was happening the person at the DWP told me that there was no ESA 50 from November or December on file and I would have to fill in another one.

 

my condition has once again deteriorated and I also included new supporting evidence. This time after a week I rang up and asked had they received it I was told that there will be no way they would know this that I had to ring ATOS directly. I did this and spoke to them and they were very confused by the situation apparently they had received my ESA 50 in December it turned out that unbelievably then decided that I didn't need to attend the WCA and that they would award it for another 12 months.yet no one had bothered to inform me of this.

 

normally this would have been absolutely fantastic news but given the deterioration I feel that had been given a WCA this may have perhaps been picked up on and moved to the support group.so im left with a rather difficult position as unfortunately I am one of those in the contribution-based group two is going to lose everything in April we don't qualify for income related benefits as my husband works full-time.

 

I know that normally during an appeal like this you will be paid at the WRAG rate however I think that in April I will still lose this regardless of the appeal. The problem is that we struggle to make ends meet as it is and I have been discussing some permitted work with my JCA. But I feel that I can't do both if I continue on with this permitted work is basically going to provide them with evidence that I don't actually belong in a support group I can work, but realistically it's not a case of I can work its that im forcing myself to do a few hours of work from home so that we can survive.

 

so does anybody know if my fears are correct that doing permitted work will undermine my appeal?

and a question anyone's unlikely to know will I lose my payments in April if im appealing?

if my payments stop in April I will have no choice but to find some source of income to do some kind of work otherwise we will loose everything we've worked for and will most likely end up homeless. I feel caught between the two and I just don't know what to do.

 

any advice would be much appreciated

thank you

Rach

The whole world is made of faith, trust and pixie dust :p

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I maybe wrong but thought the year started in April 2012, so you keep them to April 2013.

 

I'm guessing they will many appeals from those in WRAG, by people that have nothing to lose.

 

Cheers for your reply i think the year is applied retrospectively and they want tou introduce it in april so as i have been on ESA for 18 months i would lose it instantly.

Giving me loads of notice to make plans to find more money!!

 

I am aware there will be a lot of appeals and i dont think that will help case but my deteriation is genuine they have obviously accepted my illness by not calling me in for WCA. i just wish i they would have informed me in december so i could have got the ball rolling.

 

I know how long appeals take ive got a tax credit tribunal next week from an application i made in april 2010 only a mere 22 months later.

 

Rach

The whole world is made of faith, trust and pixie dust :p

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