Getting from ESA work related group to support

I won my ESA appeal , but was put on the work related group , it said no more descriptors considered as sufficient points scored, I feel if the remaining descriptors were scored on I should have been in the support group , I'm 62 and have asked them to reconsider my case which they will and has sent me paperwork, but said if want to send it back for an appeal hearing I risk loosing the ESA , has anyone been in this position and what would be the best thing to do.

Hi,

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If you have been to an appeal tribunal for this claim, then that is pretty much the end of the line. You can ask the Tribunal Service for a 'Statement of Reasons' (SOR)and get advice as to whether there might have been an 'Error of Law' (EOL) (refusing to consider other descriptors might be considered to be one).

Tribunals – Requesting a Statement of Reasons

You could only take this further if there does appear to be an EOL, not simply because you do not agree with the Tribunal's decision.

What is an Error of Law?

DWP would also be sent a SOR and, if they thought there was an EOL, they could also approach the Tribunal Service with a view to getting the decision overturned and your award reduced/removed. So going down this path is not without risk.

It can take some time for the SOR to be produced and both parties then have a month to request an Upper Tier hearing. The UT would be most likely, at best, to 'set aside' this decision and return to the lower tier for another hearing. Therefore the procedure can take a very long time and you would be obliged to attend Work Related Activities during this time, if requested to do so by job centre.

Contributory ESA is only paid for 365 days to people not in the Support Group. After this time, payments would stop and NI credits made on your behalf towards your State Retirement Pension. You would still be subject to periodic reviews and payment would recommence if you were allocated to the Support Group at any stage in the future.

12 Month Limit for ESA(CB)

Claimants receiving NI credits only do not have to undertake Work Related Activities.

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