Appreciate any advice - WRAG — Scope | Disability forum
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Appreciate any advice - WRAG

kite
kite Community member Posts: 5 Listener
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.

Comments

  • woodbine
    woodbine Community member Posts: 11,519 Disability Gamechanger
    Cont. based wrag ESA is only payable for 12 months, support group has no time limit, does he claim PIP?
    Btw welcome to scope @kite
    2024 The year of the general election...the time for change is coming 💡

  • kite
    kite Community member Posts: 5 Listener
    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.
  • woodbine
    woodbine Community member Posts: 11,519 Disability Gamechanger
    Assuming @Kite you are getting state pension you don't qualify for carers allowance as its an overlapping benefit however have a good read of the link below which explains better than I could about an underlying entitlement to carers allowance which might have a positive effect on benefits.

    https://www.carersuk.org/help-and-advice/financial-support/help-with-benefits/carers-allowance
    2024 The year of the general election...the time for change is coming 💡

  • steve51
    steve51 Community member Posts: 7,153 Disability Gamechanger
    edited June 2020
    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
    Richard_Scope Posts: 3,638 Scope online community team
    Hi @steve51
    It's Adrian that you should tag. :smile:
    Scope
    Specialist Information Officer and Cerebral Palsy Programme Lead

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  • steve51
    steve51 Community member Posts: 7,153 Disability Gamechanger
    Hi @Adrian_Scope

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

    Thanks

    @steve51
  • steve51
    steve51 Community member Posts: 7,153 Disability Gamechanger
  • OSCAR1
    OSCAR1 Community member Posts: 48 Courageous
    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
    kite Community member Posts: 5 Listener
    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.
  • woodbine
    woodbine Community member Posts: 11,519 Disability Gamechanger
    OSCAR1 said:
    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... 
    Isn't that something the government has been doing since 2010? As Mike rightly says telephone assessments are working in favour for some people. As for Benefits and Work i'm never too sure about them after all they charge people for what in the main is freely avaliable so they have an axe to grind.
    But overall i don't think it's the best idea in the world to frighten people who are already anxious about benefits do you ?
    2024 The year of the general election...the time for change is coming 💡

  • OSCAR1
    OSCAR1 Community member Posts: 48 Courageous
    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
  • woodbine
    woodbine Community member Posts: 11,519 Disability Gamechanger
    OSCAR1 said:
    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
    i would never suggest that anyone is not entitled to an opinion, but on this forum when it comes to benefits we try and stick to facts not personal opinions which can often have a negative effect on people who are struggling to come to terms with the benefits system.
    And with that I will bow out of this thread and say goodnight.
    2024 The year of the general election...the time for change is coming 💡

  • chiarieds
    chiarieds Community member Posts: 16,007 Disability Gamechanger
    edited July 2020
    @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
    kite Community member Posts: 5 Listener
    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
    kite Community member Posts: 5 Listener
    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.

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