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Esa &. Health deterioration, work to support group

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5 years 7 months ago #215669 by Rob
Hi there, I was first given E,S,A in 2012 and my mobility and other medical conditions were considered by the dwp & i was placed in to the W,R,A,G. At the time i felt that this was very unfair and asked for a mandatory reconsideration and got nowhere... I then appealed against the decision & built a case for court BUT ,as i wasn't allowed to take my 15 yr old SON/CARER to court with me & going on my own seemed impossible...I simply gave in !
Anyway, having had sympathetic people at the Jobcentre i have managed to avoid going on any courses ( until now),and just called in each year for chats!
However, today I have been told that I must go on Work related activities BUT ,as my conditions have vastly worsened since 2012( my 1st ESA evaluation). , I have been told that I should phone E.S.A and ask for a mandatory reconsideration due to grounds that my health has deteriorated..
HOW CAN THEY DO THIS WITHOUT NEW EVIDENCE?
I have been told by the same person at the Jobcentre that I may have to appeal on a form SSC1 should the mandatory reconsideration be turned down and ANY CHANGE i.e to the ' support group' be denied.
My questions are,; If I ask for a mandatory reconsideration on the grounds of health deterioration . Will i have to submit a new claim ie, refill a new ESA50 ?
And will it all be treated as a new claim?
I'm very sorry for asking but ... This is my story & can anyone advise me as to what I should do to get into the correct' support group' and does anyone have any similar experience to mine?
Many thanks for any help , in advance
Rob

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5 years 7 months ago #215681 by Gordon
Rob

When was the last Decision on your ESA claim?

You cannot request an MR if the last Decision was more than 13 months ago.

Also, an MR can only consider your conditions and limitations as they were at the time of that Decision, any changes since then are excluded.

If there have been changes since your last award then you should consider reporting a Change of Circumstances, this will result in a full reassessment of your claim, a new ESA50 and almost certainly a face to face assessment, you remain subject to any Work Related Activity while this happens and many areas have considerable delays in the assessment process so it could easily be six months before your claim is looked at again.

All of this is, of course, predicated on your being able to show that you meet one or more of the Support Group Descriptors, can you reasonably show this?

Gordon

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

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5 years 7 months ago #215687 by Rob
Hi there Gordon, many thanks for your reply..My last or only assessment or Mandatory Reconsideration was in 2012! So sadly yes , over 13 months ago!
I have also not ever had a face to face but have managed to get Pip,( both enhanced rate), as my criteria's in regard of my abilities and disabilities are much better documented now & i also have sadly aquired more medical problems that are also documented reasonaly well.In main many added spinal problems.
I think that this is what you mean in regard to Support group Descriptors

I thank you for your advice and support.
Do I simply phone the ESA department & request ' A change in circumstances' & basically restart again and providing that I fill the descriptors keep my claim as being continuous.
If i do all of the above.... Do you think that it will be treated in any way ,as a new claim?
I'm only asking as i really don't want to start a fresh claim altogether
My regards
Rob

My apologies if I have repeated myself... I'm just a little shell shocked at present.

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5 years 7 months ago #215691 by Gordon
Rob

It would not be a new claim in the sense that any new award continues your existing claim, it is a new claim in that you should explain your problems from scratch on the new ESA50 that you will be sent and should any relevant evidence that you have, even if it was sent previously.


I would write to the DWP, reporting a change in your conditions and ask to be reassessed. If you can afford it, use a Tracked post so that you have proof of delivery as your letter should set the date of any new award.

Please make sure that you can show that you meet one or more of the SG Descriptors, you do not want to initiate this process if you cannot do this.

Gordon

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

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5 years 7 months ago #215696 by Rob
Gordon,
You have been very helpful. I am very thankful for the information & will use it... Hopefully others may find this post & its answers of interest too.

Many thanks indeed

Rob
The following user(s) said Thank You: Gordon

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