ESA - Support Group v work group

Hi, Im new to this site today so forgive me if the answer is somewhere. I am currently appealing agst being placed in the work group agst support group. But finding it so hard to explain how difficult it would be to make work activity. Without detailing so much, I am totally depressed and stress having coped with my disabled daughter for 32 years and also help so much with my wife as she has so many ailments as well as also looking after my daughter. Because I don't fit directly into 1 category I have been turned down from transferring into support group. Don't know wot to do. My dr has given a letter to support my appeal but that's all. No one seems to understand that to take on any work related activity would make my mental state only worse and prevent me from helping my daughter. Can anyone give advise ?

N Turner wrote: Hi, Im new to this site today so forgive me if the answer is somewhere. I am currently appealing agst being placed in the work group agst support group. But finding it so hard to explain how difficult it would be to make work activity. Without detailing so much, I am totally depressed and stress having coped with my disabled daughter for 32 years and also help so much with my wife as she has so many ailments as well as also looking after my daughter. Because I don't fit directly into 1 category I have been turned down from transferring into support group. Don't know wot to do. My dr has given a letter to support my appeal but that's all. No one seems to understand that to take on any work related activity would make my mental state only worse and prevent me from helping my daughter. Can anyone give advise ?

Hi NT,

Welcome to Benefits and Work

If your forum name is also your real name, you may wish to change it : My full name is showing, how can I stop it?

Unfortunately, the qualifying criteria for ESA Support Group (SG) are quite rigid.

You can either qualify under at least one of The Functional SG Descriptors :

SG (LCWRA)Schedule 3 Descriptors

Or if not under any of the descriptors above, under The Exceptional Circumstances Rules as in ESA Regulation 35 (2) (a) & (b) in that there would be a "Substantial Risk to your health or that of another if you were not placed into The SG. :

"(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity."

From :

ESA Reg 35 for entry to The SG (LCWRA)

I don't know how far along you are with your appeal, but in the first instance you must request a Mandatory Reconsideration within one month of the date of the WRAG award letter.

We advise that even though you can do this verbally over the phone that you back this up with a written request, making it absolutely clear that you are formally requesting a Mandatory Reconsideration of the WRAG decision to gain access to The SG.

Sending Documents to the DWP or ATOS

See also :

Qualifying for the Support Group

Mandatory Reconsiderations Explained

Disability Rights UK Factsheet - Appeals and
Mandatory Reconsiderations.

There is also an ESA Appeals Guide on this page :

ESA Claims Guides

Even though you have been placed into The WRAG, they must take into account any limitations that you may suffer as a result of your medical condition when carrying out WFI,s or asking you to take part in any Work Related Activity (WRA).

A letter of support from your G.P. may help here.

WFI's can be carried out over the phone, but this is at the discretion of The JCP Adviser, see :

Work Focused Interviews

TheWork Programme

As you have not been placed into The SG, if you are being paid Contribution Based (CB) ESA only, you are only entitled to 365 days of payment :

12 Month Limit for ESA(CB)

You are not alone, the link below to a recent topic is with regards to one of our members being placed into The WRAG from The SG at reassessment :

www.benefitsandwork.co.uk/forum?view=top...&limitstart=0#117544

You might want to Bookmark/Favourite this page in your internet browser for future ease of access.

Please reply to this topic if you have any further queries.

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