Appreciate any advice - WRAG

kite

My husband was in the support group of ESA for five years under regs 29 and 35.  In Feb 2019 he was informed that he had to make a new application to receive benefits.  This we did and followed up with a health assessment in which he scored no points and no benefits.  MR came back with same response. While we were appealing we received appeal phase benefit for 365 days which ended in February 2020.   We had hearing by telephone on Friday 26 June which was dreadful.  We received the decision today which says he scored 18 points and should be put into wrag group, and didn’t satisfy regs 29&35 although his situation and conditions have not improved but he is not to be reassessed within 24 month from date of decision.   The lady from CAB says that because he received benefit for 365 days that he is not entitled to any more benefit because it is contribution based.  Is she correct?  If she is then what is the point of being in wrag group.  He hasn’t worked for about 18 years due to various health conditions and he has reached the age of 60, and is five years 4 month away from receiving his pension.  I was hoping to retire shortly, I am 67, and this has really upset the apple cart.  Would appreciate any advice/knowledge you can give me.

kite

Thank you.  Then I can’t see any point the Tribunal placing in the wrag group with no benefits going forward.  Yes he is in receipt of PIP £235 per month.

steve51

Hi @kite

Welcome it’s great to meet you this evening.

I am one of the Community Champion’s here at Scope.

We have got a senior member who is very very good with Benefits.

I will forward your post onto him for you.

Hi @Richard_Scope

Can you please offer me some help with this post?????

@steve51

Richard_Scope

Hi @steve51
It's Adrian that you should tag.

steve51

Hi @Adrian_Scope

Can you please have a look at this post for me????

Thanks

@steve51

steve51

Hi @Richard_Scope

Sorry again!!!!!

Thanks.

@steve51

OSCAR1

I think we all  need to be aware that with the current situation... The goverment will find means and ways to stop as many claims as possible new claims and existing claims!!!!! B&W were doing a survey asking people whether they would be happy with a telephone assesement or a face to face assesement I opted for a face to face assesement that way they can see how bad a claiment really is.. I no some assessors lie in there reports but I think it will be even worse if they do telephone assesements it's like trying to explain a medical condition to your doctor over the phone for me it just does not work.. Like I said the goverment and D. W. P. Will try every trick in the book to get as many sick and disabled people off benefits they need to recoup the money they have last through covid and I, m afraid it will be us in the long run that will suffer once again... 

kite

Exactly, just what I thought.  Had a face to face hearing in 2014, won his case and was put in support group, because as you say they could actually see how he was.  We were asked if we wanted a telephone hearing due to coved and having waited over a year for the hearing we agreed.  In hindsight, this was an error on our part, in my opinion it didn’t go well, although he was awarded 18 points and has already been paid 365 days appeal phase benefit.  The CAB lady said we might be able to claim income related ESA, but I’m not holding out any hope for that.  I’m thinking about getting some advice from a benefits lawyer, to see whether they can help.  I’m so angry about all of this.  I feel as though we’ve been stitched up, no benefits whatsoever and can’t apply again for another 24 months.

OSCAR1

No sorry I say it how I see it I,m not scaring people there's enough of that being done by the goverment the reality is the goverment have already fleeced people out of benefits and yes I do think we will be the scapegoats once again I am entitled to an opinion you now

chiarieds

@OSCAR1 - May I kindly ask you to look through the community's guidelines which say, 'Do not present opinions as facts'. Please see: https://www.scope.org.uk/online-community-guidelines/  This link is not always immediately obvious, but hope you'll check it now, thank you.

kite

Mikehugescq.  No I haven’t misunderstood, he’s received 18 points and been put in the wrag group.  He has already received contribution based benefit for the appeal phase for 365 days which ended in Feb. 2020 so he’s not entitled to any further payments.  I am well aware that the DWP can ignore tribunal advice in not assessing him within 24 months.  He already has a full record of NI credits and has had a pension forecast with regard to today’s law, who knows what’s going to happen in the future, with regard to any changes to pension qualifying age.  Lawyer/solicitor, whatever - there are some who deal with benefit claims.  The decision can only be challenged if the Tribunal has made a mistake in law, once we get the decision papers through, I will consult a solicitor.  If there hasn’t been a mistake in law, then we are stuffed.

Our CAB lady has suggested we may be entitled to IRESA when I retire but I’m not sure how this works, has anyone come across this or can give me any info as I can’t seem to find anything specific about it.  For example she says that he can apply for income related ESA as a couple.

kite

Mikehughescq.  Thank you, things are becoming clearer, but I don’t understand why, at a previous hearing he was placed into the support group under regs 29 and 35.  His situation hasn’t changed.   At a face to face hearing I do feel that the outcome would have been different, it’s the not type of decision you can make over the phone.  There are some illnesses that you just cannot detect over the phone.  I didn’t think the
telephone Hearing was logical at all.  Yes they had all the paperwork and evidence but in hindsight I maybe should have shown our GP the wording of regs 29 and 35 so that he could confirm that my husband fits into that category.