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How can I leave the work related group of esa?
8 years 10 months ago - 8 years 10 months ago #162832 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic How can I leave the work related group of esa?
Hi SWD and Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
I'm sorry you are having such a battle to get the benefits you deserve
What you can do about your ESA depends on how long it is since the last decision and whether your problems have worsened since then.
If it is less than 13 months since the last decision, you can put in a late request for a Mandatory Reconsideration. You would have to explain why it is late, DWP do not have to accept the request unless it is less than 1 month since the decision. The reconsideration would only look at your condition as it was when the original decision was made, any deterioration since then cannot be considered.
Our Mandatory Reconsideration resources will be helpful if you go down this route.
ESA mandatory reconsiderations and appeals
If it is more than 13 months since the decision and/or you can show that your condition has worsened significantly, such that you now meet the Support Group descriptors, you can ask DWP for a 'supersession'. This would trigger a full review of your claim, you could be put back into the WRAG, moved to the Support Group - or be found 'fit for work'. The onus of proof would be entirely yours, DWP do not have to find supporting opinions.
Qualifying for the Support Group
If neither of the above situations apply, the only other thing you can do is wait until you are next reassessed and then show how and why you meet Support Group descriptors.
You might wish to 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. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too
Welcome to Benefits and Work
I'm sorry you are having such a battle to get the benefits you deserve
What you can do about your ESA depends on how long it is since the last decision and whether your problems have worsened since then.
If it is less than 13 months since the last decision, you can put in a late request for a Mandatory Reconsideration. You would have to explain why it is late, DWP do not have to accept the request unless it is less than 1 month since the decision. The reconsideration would only look at your condition as it was when the original decision was made, any deterioration since then cannot be considered.
Our Mandatory Reconsideration resources will be helpful if you go down this route.
ESA mandatory reconsiderations and appeals
If it is more than 13 months since the decision and/or you can show that your condition has worsened significantly, such that you now meet the Support Group descriptors, you can ask DWP for a 'supersession'. This would trigger a full review of your claim, you could be put back into the WRAG, moved to the Support Group - or be found 'fit for work'. The onus of proof would be entirely yours, DWP do not have to find supporting opinions.
Qualifying for the Support Group
If neither of the above situations apply, the only other thing you can do is wait until you are next reassessed and then show how and why you meet Support Group descriptors.
You might wish to 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. It helps us enormously when everything relating to the same claim is kept in one place - and I hope you will find it useful too
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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