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cat60
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12 years 6 months ago #89737 by cat60

ESA stopped was created by cat60

Hi I'm new to the forum.
last year I completed the latest form after being on sickness benefit for 16 years. I have a debilitating illness and taking a lot of medication including mild chemo,sleeping tablets and use wrist splints resulting in me having monthly blood tests and regular hospital visits. I was put onto ESA without a medical had an interview at the job centre and told I would not need to be seen again for three years.
I was not advised and did not know that such a thing as a support group existed or that my ESA would stop after 12 months.
I am now taking new medication since last year and now attending an additional hospital department.Am i able to appeal the decision to take me off ESA to get onto the support group? Or am i too late? I am unable to work.

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Gordon
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12 years 6 months ago #89741 by Gordon

Replied by Gordon on topic Re:ESA stopped

Cat

The key questions you need to anaswer are; do you believe you met the criteria for the Support Group when the original Decision on claim was made, and/or, do you believe you now meet the criteria, see

Qualifying for the Support Group

You may be able to make a late appeal of last years Decision, providing it was not more than 13 months ago. Whether this will be accepted is at the discretion of the DWP, and you will need to show Good Cause as to why your appeal is late, although, being unaware of the appeal process may be acceptable.

Alternatively, if you can show that your condition has deteriorated since the Decision last year, you will need to provide clear evidence of this, then you can request a SuperSesson (re-assessment) of your claim on this basis.

Have a look at our ESA Appeal guide for more details.

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

Gordon

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

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Crazydiamond
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12 years 6 months ago #89763 by Crazydiamond

Replied by Crazydiamond on topic Re:ESA stopped

Gordon wrote:

....although being unaware of the appeal process may be acceptable.

This in itself would not be accepted as good cause, as ignorance of the appeal procedure does not normally constitute good cause.

There would be an exception however if misdirection by an officer of the DWP could be proved in connection with the appeal process whereby the wrong advice was given, or a prospective appellant was told that any potential appeal would have no prospect of success, but from what was said in the original post it would appear not to be relevant in the OP's case.

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

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cat60
Topic Author

12 years 6 months ago #89768 by cat60

Replied by cat60 on topic Re: ESA stopped

Thanks for this .I may try a reassessment. Do you have any standard letters that i can send to make this request?

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slugsta
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12 years 6 months ago #89771 by slugsta

Replied by slugsta on topic Re:ESA stopped

I don't think so. I am sure one of the more knowledgeable mods will correct me if I am wrong

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cat60
Topic Author

12 years 6 months ago #89773 by cat60

Replied by cat60 on topic Re: ESA stopped

do you know if their is a form i can complete to request a reassessment from the DWP?

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