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esa reconsideration appeal

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7 years 9 months ago #159407 by helen1234
esa reconsideration appeal was created by helen1234
hi I have been late in asking for a reconsideration to be put on the support group instead of WRAG what can i do ,didn`t realise the difference between the two groups what can i do

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7 years 9 months ago - 7 years 9 months ago #159431 by slugsta
Replied by slugsta on topic esa reconsideration appeal
Hi 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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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What you can do depends on how long it is since the ESA decision was made.

You actually have 13 months in which to request the MR, as long as you can show 'good cause' for the delay. Obviously, this gets harder to demonstrate the nearer you get to the 13 month limit.

It is possible to be too unwell to cope with the WRAG - but still not meet any of the Support Group descriptors, so I suggest you have a look at these before you do anything else

Qualifying for the Support Group

If the latest ESA decision was made less than 13 months ago and you believe you meet at least one Support Group descriptor, our ESA guide and MR FAQs will talk you through the process

ESA claims and appeals

ESA mandatory reconsiderations and appeals

You might want to bookmark/favourite this on your web browser so that you can find it easily in future. That will allow you to return with further information/questions 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 find it useful too :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 9 months ago by slugsta.
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7 years 9 months ago #159515 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi the desicion was made in Feb 2016,received my medical notes today that i requested a lot of what was written on it was not accurate ,score from physical assessment was 15,, for mobilising 6 points, and standing and reaching 9 points . what points do i need to be in support group. Have been on ICB for roughly 14 years and then transfered to ESA for a further four ,in that time all medicals say i am unfit for work and my condition is getting worse,dont understand how they think i am fit for work now ,medical report assessor say she thinks i should be fit for work in 18 months ,if my back problems haven`t got better in 18 years (only got worse) i dont know how she came to the opinion that they will be ok in 18 months ,also received letter from ESA appeals team to say they received my request for a reconsideration and would i like to supply any additional evidence to support my request to be put into support group,what should i do or send as i want to be prepared before i phone them

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7 years 9 months ago #159521 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen dunne wrote: hi the desicion was made in Feb 2016,received my medical notes today that i requested a lot of what was written on it was not accurate ,score from physical assessment was 15,, for mobilising 6 points, and standing and reaching 9 points . what points do i need to be in support group. Have been on ICB for roughly 14 years and then transfered to ESA for a further four ,in that time all medicals say i am unfit for work and my condition is getting worse,dont understand how they think i am fit for work now ,medical report assessor say she thinks i should be fit for work in 18 months ,if my back problems haven`t got better in 18 years (only got worse) i dont know how she came to the opinion that they will be ok in 18 months ,also received letter from ESA appeals team to say they received my request for a reconsideration and would i like to supply any additional evidence to support my request to be put into support group,what should i do or send as i want to be prepared before i phone them


The Support Group is not points based, you must show that you meet one or more of the SG Descriptors, these are list in the ESA Claim guides.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: helen1234

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7 years 9 months ago #159542 by helen1234
Replied by helen1234 on topic esa reconsideration appeal
hi have looked at the SG descriptors and think i could claim under substantial risk because i would be in severe pain traveling to job centers ,work experience ,training groups etc ,also the medication i have to take to try and deal with pain makes me dizzy,drowsy,decreased concentration,would this be good enough grounds to send to decision maker

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7 years 9 months ago #159543 by Gordon
Replied by Gordon on topic esa reconsideration appeal

helen dunne wrote: hi have looked at the SG descriptors and think i could claim under substantial risk because i would be in severe pain traveling to job centers ,work experience ,training groups etc ,also the medication i have to take to try and deal with pain makes me dizzy,drowsy,decreased concentration,would this be good enough grounds to send to decision maker


It's not black and white, you will need to argue your case.

First you need to establish a substantial risk, exacerbated pain may do this but I think that decreased concentration would be unlikely to meet this standard unless you can show a risk of harm associated with this symptom, drowsiness is viewed negatively and I would expect a Decision Maker to take the view that this is an issue of management rather than risk.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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