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esa for 7 years just been put on the support group
- kam
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6 years 8 months ago #194769 by kam
esa for 7 years just been put on the support group was created by kam
hi my freind has been in a mental hospital for 7 years and now lives in a supported accomodation hospital.he after 7 years of been on esa been put on a support group for esa but other patients in his old hospital been put on esa support group after like a year and a half he should be on support group esa 5-6 years ago please advise how to back date support group esa money and what to say to the jobcenter his currently suffering from schizoaffective disorder and bipolar under section 37 of the mental health act please please help thank you very much
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- Gordon
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6 years 8 months ago #194779 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa for 7 years just been put on the support group
Kam
I don't see any way that this can happen.
I'm afraid you cannot make any assumptions on your friend qualifying for the SG based on what was done with other claimants in the hospital. ESA has very specific criteria that needs to be met and it is perfectly possible for him to have not met the criteria for the SG whilst others did.
If your friend has been receiving ESA for seven years then they will have been reassessed on a number of occasions and was not deemed to meet the criteria for the Support Group. Unless they can show that there were errors in those assessments and the DWP accept that this is the case then I don't see how the previous Decisions can be re-visited.
The only exception to this would be if any of the Decision were made in the last 13 months, however, they would need to first request a Mandatory Reconsideration and as they are outside the one month normally allowed to do this the DWP may not accept a late request.
Gordon
I don't see any way that this can happen.
I'm afraid you cannot make any assumptions on your friend qualifying for the SG based on what was done with other claimants in the hospital. ESA has very specific criteria that needs to be met and it is perfectly possible for him to have not met the criteria for the SG whilst others did.
If your friend has been receiving ESA for seven years then they will have been reassessed on a number of occasions and was not deemed to meet the criteria for the Support Group. Unless they can show that there were errors in those assessments and the DWP accept that this is the case then I don't see how the previous Decisions can be re-visited.
The only exception to this would be if any of the Decision were made in the last 13 months, however, they would need to first request a Mandatory Reconsideration and as they are outside the one month normally allowed to do this the DWP may not accept a late request.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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