Author Topic: Advice needed  (Read 1319 times)

Minniehaha

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Advice needed
« on: December 14, 2012, 06:15:54 PM »
I need some advice from my fellow Ouchers.

Following my latest WCA (in August) I've been placed in the WRAG again until April when I'm to be reassessed.  My contributions-based ESA ceased at the beginning of October and my GP has provided me with the appropriate medical evidence needed for my intended appeal to be placed in the support group.

Should I ask for a reconsideration in the first instance and send the evidence with that request or should I go straight ahead with an appeal?

If I qualify for the support group will my ESA be reinstated and awarded from the date it ceased?  And would I be able to use the same evidence if I'm placed in the WRAG again in April or will my GP need to provide fresh evidence?

Monic1511

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Re: Advice needed
« Reply #1 on: December 15, 2012, 04:22:49 PM »
Hi Minnie

in this situation as you have the medical evidence you would write a letter along these lines.

I was recently placed in in the work related activity group again and I believe this is wrong and that I meet the support group critieria.   I would ask that you reconsider the decision date (recent wca) using the attached information provided by my GP.   If you do not reconsider this in my favour please treat this letter as an appeal and forward it to HM tribunals service.   As you can see the GP letter shows that I met the support group criteria as long ago as (date on GP letter).  If you are able to reverse your decision please backdate it to the date of my Gp's letter.  I have not been able to lodge a late appeal against the original decsion placing me in the wrag as I have been too unwell.   Please send your written decision to myself and my repersentative (if you have one)

Yours Minnie

Good luck & I hope that helps
Monic

Minniehaha

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Re: Advice needed
« Reply #2 on: December 15, 2012, 04:54:49 PM »
Many thanks Monic, that's an excellent letter.  I shall write to JC+ along those lines as soon as I get the decision in writing.  I''ll let you know how I get on.   >rose<

I have not been able to lodge a late appeal against the original decsion placing me in the wrag as I have been too unwell.   Please send your written decision to myself and my repersentative (if you have one)

This bit doesn't apply as I've only just had a confirmed decision over the phone.  If you read through the thread titled 'Does the right hand know what the left hand's doing?' you'll see what an almighty cock-up JC+ made of what should've been a straightforward process of decision making.  They only pulled their fingers out when I wrote a letter of complaint!  >erm<

Sunshine Meadows

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Re: Advice needed
« Reply #3 on: December 19, 2012, 10:21:26 AM »
Minnie,

Quote
If I qualify for the support group will my ESA be reinstated and awarded from the date it ceased?

As far as I understand it as long as there is not a move off time limited WRAG ESA then once a claimant is assessed as needing to be moved into the Support Group they will start to receive actually payments again and not just National Insurance credits. This is why the advice given on ESA is that even if time limited benefit runs out keep going through the process of assessments and form filling because it maintains the claimant's link to a none means tested contributions based ESA benefit