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TOPIC: Support group ESA

Support group ESA 2 months 2 weeks ago #188983

I returned my ESA review form and received a letter to say that I have been put from the support group into WRAG. Previously put into support group after tribunal appeal and a year previously at an appeal again. Received a phonecall to say that 15 points were on section 10 re consciousness. Lady said only a judge can put me in support group if I score maximum points in this section. Now have to wait for face to face medical and probably the long and stressful wait to appeal. However she reinstated my benefit to support level.

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Support group ESA 2 months 2 weeks ago #188998

D

A little confused by your post, sorry :(

If a Decision has been made then you won't now be sent for a face to face medical.

Also, you say that "she reinstated my benefit to support level", if they have placed you in the WRAG then they will not have done this.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

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

Support group ESA 2 months 2 weeks ago #189060

What a day!!! As i said in first post i made a call following a letter i received and asked they said i had to go to a medical. I received another call this morning by DWP who looked at my renewal claim again and am to stay in the support group for the next 2 years. In 24 hours i have gone from worry to relief that i do not have to justify to strangers how medical conditions effect my life.

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Support group ESA 2 months 2 weeks ago #189092

D

Very glad to hear it has been sorted in your favour, but I would check the paperwork very carefully when you receive it.

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