Should I challenge my ESA decision?

I've been unable to work since 2002, when I developed a serious Inflammatory Bowel condition. Although this is now stabilised it has left a set of painful and debilitating complications. Among these is Peripheral Neuropathy effecting my hands and feet to an extent where my mobility and manual dexterity are severely restricted. My grip and balance are both severely compromised.

I was required to submit an ESA50 in April 2016 and I attended a face-to-face WCA on 9/12/16.
I had the assessment recorded and a copy of the report sent to me immediately afterwards.

Among the HCP's findings was this - and I quote: "The claimant was found to meet the criteria for Limited Capability for Work or Limited Capability for Work and Work Related Activity."

I have just received a letter from DWP dated 9/1/17 advising me of my benefit rates from 10/4/17. The letter is badly worded and if it were not for the section advising me that I have a month in which to request a MR it would read as merely informing me of the relevant benefit rates from 10/4/17.
It appears I've been placed (as previously) in the WRAG. Is this decision consistent with the HCP's conclusion and if not should I ask for a MR? I intend to give DWP a call in order to at least clarify the purpose of the letter.

I should add at this point that after an initial meeting with an advisor several - at least 5 - years ago I received no further communication from JC+ until having to submit my new claim in April 2016.

I suppose my main reservation is that I could in some way risk worsening my situation for the sake of a few pounds but I'm very mindful that if placed in the SG then I wold be subject to fewer requirements.

Any thoughts/comments/opinions would be most welcome.

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I note you say the assessor's report comments that you meet the criteria for Limited Capacity for Work or Limited Capacity for Work Related Activity? I would have expected them to recommend one or the other.

The next point is that the HealthCare Practitioner only makes a recommendation to DWP. It is the Decision Maker who has final say - although they do not often decide contrary to the HCA advice.

Which of the Support Group descriptors did you expect to meet? Do you believe that you are able to clearly show this?

Qualifying for the Support Group

There is a risk in requesting a Mandatory Reconsideration - but this is less if you have points to spare, rather than scraping through with only 15 or 16 points. Any decision made by MR is open to appeal.

I suggest that you have a look at the assessor's comments for the Support Group descriptors you hoped to meet and see where your claim might have failed. Then you can decide whether you can do anything to help the DM find in your favour. The descriptors are explained in our ESA guide and you might find the MR resources helpful too.


www.benefitsandwork.co.uk/help-for-claimants/esa1


ESA mandatory reconsiderations and appeals


May I also suggest that you bookmark/favourite this on your web browser now so that you can find it easily in future? This will allow you to return with further questions or comments about your ESA without having to start a new topic each time. We ask members to keep everything related to the same claim in one topic as it helps us enormously - I hope you will find it useful too

Just wanted to thank you for your response and to give an update.

Today 20/1/17 received a letter from DWP informing me that I have been moved to the SG. So it would appear that the previous communication was not in fact a decision result after all - I said it was unclear, didn't I?

In addition I now qualify for the Disability Income Guarantee and this together with the enhanced rate of ESA has boosted my weekly income by more than £20.

My heartfelt thanks to B & W and the indispensable members only guides which undoubtedly helped me submit a sufficiently detailed and accurate claim. The subscription is definitely money well spent and I would recommend it to anyone in a similar position.

Great news Nd! thanks for letting us know