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ESA appeal to Support Group question

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12 years 2 months ago #78133 by mermaid
ESA appeal to Support Group question was created by mermaid
Hi everyone. First to thank Benefits and Work for all their help over the past 18 mths. I have just done my 3rd ESA and with your help have never had a problem getting WRAG. Last time on paperwork alone, and again just heard, WRAG group on paperwork alone.

This time I asked them to consider that I might be eligible for the Support Group on the Exceptional Circs Regs 29 and 35, and I enclosed Medical evidence to support that. I had 3 medical evidence letters and 2 of them stated that work and work related activity could be detrimental to my health.

Sorry.... to the point. I am going to appeal this decision this time. I will lose my ESA in April, so I don't have much to lose with the slim chance that they took WRAG from me. I rang the DWP today to ask them to send me the 'statement of reasons' or rather the ESA85A as I didn't have a medical.

They said not to wait for that to arrive before I put in my appeal, but my understanding is that the better argument I make at this stage then the more chance I would have of getting a reconsideration in my favour? It would surely help if I have that document, and at the moment I only got the decision today, so time is on my side for now (I know I have to get the appeal in within a month).

Also, would it be helpful to send in yet more evidence if I can get it at this stage? I have already sent 3 lots of medical evidence, but I could get statements from 2 friends, and perhaps my acupuncturist who knows my medical details better than anyone actually, but they may not be impressed with that.

Apologies for length of question.

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  • bro58
12 years 2 months ago #78139 by bro58
Replied by bro58 on topic Re:ESA appeal to Support Group question
mermaid wrote:

Hi everyone. First to thank Benefits and Work for all their help over the past 18 mths. I have just done my 3rd ESA and with your help have never had a problem getting WRAG. Last time on paperwork alone, and again just heard, WRAG group on paperwork alone.

This time I asked them to consider that I might be eligible for the Support Group on the Exceptional Circs Regs 29 and 35, and I enclosed Medical evidence to support that. I had 3 medical evidence letters and 2 of them stated that work and work related activity could be detrimental to my health.

Sorry.... to the point. I am going to appeal this decision this time. I will lose my ESA in April, so I don't have much to lose with the slim chance that they took WRAG from me. I rang the DWP today to ask them to send me the 'statement of reasons' or rather the ESA85A as I didn't have a medical.

They said not to wait for that to arrive before I put in my appeal, but my understanding is that the better argument I make at this stage then the more chance I would have of getting a reconsideration in my favour? It would surely help if I have that document, and at the moment I only got the decision today, so time is on my side for now (I know I have to get the appeal in within a month).

Also, would it be helpful to send in yet more evidence if I can get it at this stage? I have already sent 3 lots of medical evidence, but I could get statements from 2 friends, and perhaps my acupuncturist who knows my medical details better than anyone actually, but they may not be impressed with that.

Apologies for length of question.


Hi MM,


Even though having the ESA reports that you have requested may help your appeal, you should ensure that you do not run out of time to appeal.

If by the time you have to post off your appeals form you have not received them, you could still send in your GL24 stating that you are awaiting these forms, and intend to provide further evidence when you receive them.

Have you read our Employment and Support Allowance appeals New November 2011, which was recently updated, accessible from here :

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

It would certainly help to send in any new or extra evidence that you may have, so that it will be taken into account at the automatic reconsideration stage, when you submit your appeal.

You could also redirect the reviewing DM to any evidence that you have already provided, and try to go into detail as to why you feel that you fullfil the Support Group descriptors.

bro58

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12 years 2 months ago #78147 by Derek4
Replied by Derek4 on topic Re:ESA appeal to Support Group question
Hi Mermaid

There is no straight-forward answer to the question of whether to submit evidence to be reconsidered or wait for the appeal, but Steve commented on the pros and cons in the thread below.

www.benefitsandwork.co.uk/forum?func=vie...mit=6&start=12#73223

Good luck

Derek

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