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MS and ESA Contribution based

  • Kristie
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12 years 1 month ago - 12 years 1 month ago #83763 by Kristie
MS and ESA Contribution based was created by Kristie
Hi all

I have Multiple Sclerosis and have been claiming ESA for a few years now.

Back in 2010 I won my appeal and got placed in the WRAG but under special circumstances that working is detremental to my health. I have to travel a 57 mile round trip to my closet MS specialist centre for medication via an intravenous drip once per month to keep my relapses under control (I still replapse, just not as bad) and they still did not put me in the Support group. At the time I didn't question it as I was just so glad that I had finally been awarded ESA and the stress of it all was worsening my MS. But now, the only way for me to remain on ESA is in the support group and from what I have read and the arrogent person that I spoke to at DWP telling me that the Support group is only for people with a 'serious illnesses', I don't think that I stand much chance.

I would be relly grateful of any advice on this as I just feel like I am sinking ... and the fact that my 2nd baby is due any day is not helping :(

Thank you in advance,

Kristie
Last edit: 12 years 1 month ago by slugsta.

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12 years 1 month ago #83776 by slugsta
Replied by slugsta on topic Re:MS and ESA Contribution based
Sorry, Kristie, I OK'd your post but have left it for someone with more experience than I to answer.

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

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  • Kristie
  • Topic Author
12 years 1 month ago - 12 years 1 month ago #83795 by Kristie
Replied by Kristie on topic Re:MS and ESA Contribution based
Thats ok, no worries.

I forgot to say that I do get higher rate mobility DLA and mid rate care DLA and I do have a blue badge.

Kristie
Last edit: 12 years 1 month ago by Gordon.

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12 years 1 month ago #83797 by slugsta
Replied by slugsta on topic Re:MS and ESA Contribution based
Your DLA does not, in theory, impact on the ESA as DLA is an 'in work' benefit and possession of same does not automatically mean that one is not fit to work.

If your condition has worstened then you can ask for a 'supersession' (re-assessment) as long as you have evidence to support your claim.

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12 years 1 month ago #83800 by Gordon
Replied by Gordon on topic Re:MS and ESA Contribution based
Kristie

The difficulty you face is two fold.

First, to qualify under the Special Circumstances rules, any request to be placed into the Support Group or indeed just being re-assessed, requires up-to-date medical evidence showing the you meet the necessary Regulations. Unlike the other descriptors, you cannot rely on previous evidence to support your claim, each assessment is effectively treated as a new claim requiring new evidence.

Secondly, to qualify for the SG rather than the WRAG, you need to show that there would be a danger to you if you were asked to carry out Work Related Activity. This can be difficult as there is clear no definition of what Work Related Activity includes.

I would receommend getting advice from your local CAB, and if you can find one, a Welfare Rights Officer, as I believe you will need the assitance they can provide, see

Where to get advice?

Gordon

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