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ESA WRG - Supper Session? What can I do?

  • mjb1408
  • Topic Author
12 years 5 days ago - 12 years 5 days ago #83747 by mjb1408
Hi all,
Have read through so many of the threads relating to ESA of which I am in the WRG and got the letter telling me that my benefit ends as of 30th April, like so many others.
I have never appealed the WRG decision made a couple of years ago after attending a medical (despite thinking they had put me in the wrong group) as before NOW I was just happy to be getting ESA.
My health like so many others has not got any better, if anything, the stress and worry of having my benefit taken has made it worse. I suffer very badly with very severe IBS, lower back & leg pains and I have bad depression. I lost my job a couple of yrs ago due to my poor attendance rate (due to my health issues).
The letter from the DWP states that you can apply for IR ESA but as I am married and my husband earns I would not be entitled to this.
Just wondering where I go from here really.
I’m just off the phone with the DWP and have asked for an appeal regards my grouping. I did read the term ‘Supper Session’ in a couple of threads but when I asked for that the girl laughed and said she had no idea what I was talking about.
What is a Supper Session? and Is there any other steps I can take at this point?
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago #83748 by Gordon
Replied by Gordon on topic Re:ESA WRG - Supper Session? What can I do?
mjb

The ignorance of DWP staff of their own procedures never ceases to amaze me.

You can only appeal a Decision if you disagree with the result. The normal period to lodge an appeal is one month, and the very maximum is 13 months, however, any period over a the month requires Good Cause for the late filing.

A SuperSession is required when your condition has deteriorated or you are now suffering from a new illness, and is in effect a re-assessment requested by the claimant. You need to be able to provide medical evidence that your condition has changed and obvioulsy that you now meet the criteria for the Support Group.

Given the problems with most DWP call centres, although it should be possible to make the request over the phone, you should follow it up in writing to the DWP office dealing with your claim.

Whilst this is not relevant to claimants facing the time limitation of their ESA(CB), members considering asking for a SuperSession for other reasons need to be aware, that as you are the requesting party, the burden of proof lies with you not the DWP.

Is there any risk to challenging a decision?

Qualifying for the Support Group

Hope this explain it.

Gordon

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  • mjb1408
  • Topic Author
12 years 5 days ago - 12 years 5 days ago #83754 by mjb1408
Replied by mjb1408 on topic Re:ESA WRG - Supper Session? What can I do?
Thanks Gordon,
At least I now understand what Supper Session means. What a shame the DWP don't understand their own terms as well as you lot lol.
The last set of forms I filled out and returned to DWP were dated June 2011 so going by this date I fall within the right of appeal guidelines you have outlined above, is this correct? I have learned though experience over the years to always make a photocopy forms before sending them.
Last edit: 12 years 5 days ago by slugsta.

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12 years 5 days ago #83761 by Gordon
Replied by Gordon on topic Re:ESA WRG - Supper Session? What can I do?
mjb1408 wrote:

Thanks Gordon,
At least I now understand what Supper Session means. What a shame the DWP don't understand their own terms as well as you lot lol.
The last set of forms I filled out and returned to DWP were dated June 2011 so going by this date I fall within the right of appeal guidelines you have outlined above, is this correct? I have learned though experience over the years to always make a photocopy forms before sending them.

As I said in my original post, a late appeal requires Good Cause to be shown as to why the claimant did not appeal within the normal timescales.

You also, obviously, need to show that the Decision you are appealing was incorrect, based on your condition at the time it was made.

As an aside there is a discussion in the RightsNet forum, used by professional WROs, over the number of appeals being made now that the time limit is being implemented. The substance of the discussion revolves around claimants reasons for appeal and concern that Tribunals will strike out appeals that are clearly financially motivated, rather than due to a claimant genuinely believeing they meet the requirements of the Support Group.

Gordon

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  • ShootingStar
12 years 5 days ago - 12 years 5 days ago #83809 by ShootingStar
Replied by ShootingStar on topic Re:ESA WRG - Supper Session? What can I do?
Sorry but I don't understand why your ESA is being stopped-is there a time limit if you are put in the WRAG group?
Last edit: 12 years 5 days ago by Gordon.

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12 years 5 days ago #83810 by Gordon
Replied by Gordon on topic Re:ESA WRG - Supper Session? What can I do?
ShootingStar wrote:

Sorry but I don't understand why your ESA is being stopped-is there a time limit if you are put in the WRAG group?

See

12 Month Limit for ESA(CB)

Gordon

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