Surgical op when waiting for appeal

PC

Don't worry about "confusing" us, trying to explain yourself in the constraints of a public forum is not easy for anybody.

You should report the operation as a Change of Circumstances, as I said in a previous post, being in hospital qualifies you for ESA anyway.

If as a result of the operation, you believe you would then qualify for the Support Group, and only if you believe that this would be the case, then you can request a Supersession on your claim.

A Supersession is a re-assessment triggered by the claimant rather than the DWP, so the onus is down to the claimant to proove they meet the required descriptors. As with any re-assessment for ESA, the whole claim is reviewed, so it is possible for the DWP to find someone Fit for Work, although it is quite rare for this to happen.

We talk about it limiting any Tribunal Decision, because a Supersession results in a new Decision being made, where as a Tribunal re-makes the original Decision. So as an example;

- awarded WRAG in Jan 2012
- the claimant appeals to be placed in the Support Group
- the claimant requests a Supersession due to a deterioration in their condition in June 2012
- despite the evidence, the DWP only award WRAG
- Tribunal awards Support Group in Dec 2012
- back payments for the SG are only payable from Jan-June and the claimant remains in the WRAG.

I hope this explains it better.

Gordon