I've been in the SG for about 15 months following appeal. I have recently sent in a new ESA50. Am i correct in thinking that it's up to the DWP to prove that my condition no longer meets the required descriptors or has improved to remove me from the SG?
I've been in the SG for about 15 months following appeal. I have recently sent in a new ESA50. Am i correct in thinking that it's up to the DWP to prove that my condition no longer meets the required descriptors or has improved to remove me from the SG?
In principle yes, but these are matters that may only be resolved at a Tribunal, you should also remember that the DWP only need to achieve 50.1% to meet this goal.
In practical terms, you should treat this as a new claim and complete the ESA50 in detail, and provide whatever evidence you have available.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
