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Thread: Moved From IB To Work-Related Ac. Grp. Without A Medical & Other Questions?

  1. #1
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    Moved From IB To Work-Related Ac. Grp. Without A Medical & Other Questions?

    Two or three months ago I received the dreaded letter and medical form for the change to ESA, after claiming IB for 8 years. I completed and returned it in the deadline, and heard nothing until 2 weeks ago.

    I was told that I was being put in the worl-related activity group although I had not had a medical. They have kept the amount the same as my IB - £105 p.w. How can they decide this without an Atos medical?

    The only complication I can think is that I didn't put a tel. no on the form. I explained that this is because one of my medical complaints is a lung condition which leaves my body low on oxygen and affects my memory. I don't cope well with telephone conversations as I forget whats said and details. I need things in writing.


    Anyhow, I got my brother to phone up Jobcentre Plus (why the heck is it premium rate/0845 for people on benefits???? - is there an alternative?) to ask for a written statement for their decision. They said it would take 5 days to arrive - 2 weeks later still nothing!!

    Whilst he was on the phone, I got him to check how long I would be able to claim the ESA, and the woman said that there was no set date/limit. I remember something about only getting the full amount until Aptil 2013, at which time it drops down to Job Seekers - I think? Is this the case? Is there no set time limit for ESA, or will something change in April?


    Also, if I appeal to go into support group and loose, could I be worse off? If yes, how often does this happen?

    Many thanks to anyone who can advise, as it all seems very confusing.

  2. #2
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    This is happening more often at the moment - people being put in the WRAG without a medical. There are other posts on here about exactly the same thing.
    If you have been on Income Based IB up to your change to ESA then yes - that will be limited now to a year. After which you will have to claim Income Related ESA if you qualify for it (not JSA - but by next year it will be Universal Credit anyway regardless.)
    If you think it is wrong for your to be put in the WRAG you should appeal. It is not clear whether an appeal would trigger the medical - my guess is that would be likely - because logically your grounds for appeal would have to be that you haven't been correctly assessed. But at least while an appeal is in progress your benefits are protected.

  3. #3
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    Many thanks for your reply.

    When you say ESA is limited to a year, when did/does that year start?

    Also, it's been 2 weeks since my brother phoned Jobcentre Plus. They said that the written statement of their decision would be with me in 5 days - still received nothing. Should I chase them? Is there an alternative to 0845 number? Presumably, I'm running out of time to appeal, but can't appeal without knowing why I was refused support group.

  4. #4
    davewhit
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    Quote Originally Posted by Carneucopia View Post
    This is happening more often at the moment - people being put in the WRAG without a medical. There are other posts on here about exactly the same thing.
    If you have been on Income Based IB up to your change to ESA then yes - that will be limited now to a year. After which you will have to claim Income Related ESA if you qualify for it (not JSA - but by next year it will be Universal Credit anyway regardless.)
    If you think it is wrong for your to be put in the WRAG you should appeal. It is not clear whether an appeal would trigger the medical - my guess is that would be likely - because logically your grounds for appeal would have to be that you haven't been correctly assessed. But at least while an appeal is in progress your benefits are protected.
    IB or income related is not limited to one year its CB

  5. #5
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    Sorry davewhit yes - I meant IB conts based. To answer woodbine if he was on conts based IB the conts based ESA would run for a year from the date of change to ESA.

    As far as appealing goes woodbine, the date of appeal SHOULD be the date your brother phoned Jobcentre plus. However if the delay is worrying you put in a written appeal saying that you want to confirm the appeal lodged on ... by phone. The grounds don't need to go into a lot of detail. It is enough to say that you disagree with the decision becasue your condition prevents you from being able to do any kind of work.

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