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Successful Appeal from WRAG to Support Group ESA

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12 years 2 months ago #91565 by RoxyKnits
Two weeks I attended my tribunal appeal and my appeal was allowed. I am so pleased I can't put it into words. It was the most awful ordeal and I was upset for weeks beforehand and am still recovering!

Today I got confirmation of my payments which will increase now I'm in the support group. That isn't why I appealed, it was because I was placed in the WRAG group and as my ESA was NI contributed it was due to stop literally on the day of the appeal.

After reading all your advice I was prepared for a long wait till my tribunal date but it was incredibly quick and I had no statement prepared, had only just got the appeal papers and was in the middle of completing my DLA renewal forms. Stressful doesn't even begin to describe how I felt.

My husband drove me to the tribunal and accompanied me, and as my carer they spoke to him as I was pretty upset and not much use. Having been ill with M.E. for 5 years it's the first time I've appealed any decision as frankly I haven't got the energy. But I was so incensed with being put in WRAG that it gave me the push and will make so much difference. I have now got some weekly home help arranged to take the pressure off my husband, and so me. Without success at appeal I wouldn't have been able to do that. And without the guides from this website I wouldn't know how to complete the form. So thank you very much!!

Lastly, I got my renewal letter through for DLA. I have been awarded LRC and LRC which I'm pleased with. I should really get MRC but no way am I going to appeal. I am more than happy to have got both of these out of the way for a while at least.

Thanks again!

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12 years 2 months ago #91568 by Gordon
RK

Congratulations on your award and a word of warning to others appealing from the WRAG to the Support Group.

The time limiting of ESA(CB) while in the WRAG is not an appealable Decision, making an appeal on this basis, or citing this as one of your reasons for appealing, can result in your appeal being thrown out before or at a Tribunal hearing.

Gordom

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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12 years 2 months ago - 12 years 2 months ago #91572 by RoxyKnits
Thank you. I should confirm that I didn't appeal because of the time limit but that limit made the decision to appeal easier for me as I had nothing to lose, unlike my DLA award. My statement was based on the rubbish written during the ESA medical. When my husband and I read it we were quite astounded and had to double check it was my medical notes we were reading! Of course we only saw this information after the decision to appeal had been made, and when I thought I couldn't go through with it this gave me spur I needed to see it though. Appealing isn't an easy decision and I would seriously consider ever doing it again, but I am incredibly proud that I did it.
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago - 12 years 2 months ago #91575 by benefits61
Rk

Well done letters like Yours warm my heart na give me strength to carry on.
Last edit: 12 years 2 months ago by Gordon.

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12 years 2 months ago - 12 years 2 months ago #91577 by Bearer
I'm no expert, but from Child Poverty Action Group's latest newsletter, it is seeking a suitable case to take to court, re the time-limiting of ESA(CB).
Last edit: 12 years 2 months ago by Gordon.

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