ESA WRAG....Did not appeal to be put into the Support group.

[missymoomoo]

Could anyone please help me? I have Fibromyalgia, rheumatism and other health problems and cannot work. However, I am a carer for my husband who has osteo arthritis, cervical spondylosis and spinal disc leakage, causing neuropathy and myopathy (nerve and muscle problems). He was migrated from IB into ESA WRAG, but didn't appeal to go into the Support Group.The 365 day limit has now ended, and we are not entitled to claim income related ESA, due to an early retirement pension lump sum. His consultant says he is unlikely to ever work again and his condition is deteriorating, so my question is this.... if he provides evidence, can he still ask to be put into the support group or is it too late?

I did read about having to wait six months to reapply for ESA. Does anyone know about his rights?

[ladymoth]

I don't know about this - it's an unusual situation. Maybe someone else will have this information, but if not, you could contact CAB, or even phone DWP and ask what the position is.

Sorry not to be more helpful - hope you get the info soon.

Moffy x

[esagestapo]

To late now, when he was put in WRAG, you have to appeal within a month of the decision. He might get some income based ESA, it depends on how much money he has in savings and money coming in from pension.

[lisalofty]

You can try for nothing. I would ask to appeal & tell them you have not appealed before as you were unaware he had been put in the wrong group.

I had a similar situation ; my hubby has multiple sclerosis & I have fibromyalgia & other complaints.

We got awarded ESA wra in 2009 & appealed for support group which we won April 2010 - July 2010 YES a measly 3 months!!! At the time of appeal we were told that was it he would stay in that group, however without a medical atos decided he was cured & could work!!!

I found this out by accident this year when he was requested to attend a work related interview.

We have been allowed to appeal.

I do not claim as I am his carer sometimes the other way round as I'm sure you all understand, but enough is enough I have a claim in for DLA which has been rejected but I will fight & win as having been diagnosed with this since 2009 suffering since 2003 I am fighting for what we genuinely need!!

Good luck I hope my rambling helps xxx

(((Hugs))))

Lofty xxx

[bluebird123]

you cant apeal this decision as you need to appeal within 1 month of receiving the decision however you should be able to reapply, but the only thing is as you say the long wait.

you can also apply forDLA or PIP im not sure when one stops and the other starts.

hope this helps

[missymoomoo]

Thank you all for your replies. Will contact CAB for advice.