good evening, My daughter recieves ESA and is in the WRAG group.She has been in reciept of this for nearly 12months,her condition has deterioted and it has been suggested for her to request going into the support group.Does this require us appealing against the decision..even tho its been 12months,or do we submit a new claim for the support group? early Jan 2013 we appealed against the DLA and was successful at gaining middle rate care and high rate mobilty due to her CFS/ME ..mostly due to your fab site thanks in antisipation Teresa
If your daughter's condition has deteriorated since the decision to place her in the WRAG then she will not be able to appeal at this stage. Instead she should contact DWP and ask for a 'supersession'. This would probably be treated like a new claim, with an ESA50 and possibly a face-to-face assessment. The onus would be on you to provide evidence to back up your claim, not on DWP to seek it out.
Don't forget that you run the risk of losing ESA altogether if you 'upset the apple cart'. You need to be sure that the likelihood of this is low, otherwise you would be better waiting until the routine reassessment and spend the intervening time getting evidence together.
Nothing on this board constitutes legal advice - always consult a professional about specific problems