ESA Appeal

Hi. Following a recent medical I was taken out of ESA Support Group (SG) and placed in Work Related Activities Group (WRAG). I requested a Mandatory Reconsideration (M/R) on the grounds that I should have remained in SG as I felt I provided sufficient supporting evidence to have been awarded 15 points in one or more activities from schedule 2, the assessment of whether a claimant has a limited capability for work, specifically relating to certain activities in part 2 of the mental, cognitive and intellectual function assessment.

I believe if the Decision Maker (DM) had of awarded me 15 points for at least one of the schedule 2 activities, by default at least one schedule 3 activity would apply to me, and I would have been deemed to have limited capability for work related activity (LCWRA), and should therefore have remained in SG.

As part of my M/R I also believe I supplied sufficient supporting evidence that according to Regulations 34(2), 35(2), 35(4) and 35(5), I should have been assessed as having LCWRA.

The result of my M/R was that the 2nd DM took me out of WRAG and put back into SG to be re-referred on 28/2/2020. Reasons given were that he agreed with original DM that I have not satisfied any schedule 3 criteria but had looked at Regulation 35 which allowed him to consider that there would be a substantial risk to my health or that of others if I were found not to have LCWRA.

Of course, I am very satisfied that following my M/R I am now back in SG. However, I still believe I should have scored 15 points in at least one work related activity from schedule 2, which, by default would mean at least one schedule 3 activity would apply to me, and I would have been deemed to have LCWRA, without the need to meet the criteria of Regulation 35.

I believe it would be to my benefit for when my ESA is to be reconsidered in February 2020 (as informed) that I appeal to have the points awarded for work related activities re-assessed so that I am deemed to have met at least one schedule 3 criteria, without having to rely on Regulation 35.

I also believe I should appeal the fact that the DWP have decided to reconsider my ESA, a year on from when my present ESA reconsideration started, meaning I will have to go through this stressful process all over again in February 2010 (9 months). I believe this to be unreasonable, as my mental health condition has not changed in the previous 2 years and can not see it changing in the next 2 years.

Although pleased to back in SG, should I appeal to get the points scored upgraded? Any thoughts / advice most appreciated.

Thanks for your advice Gordon.

I see your point about Tribunal's responsibility being to ensure correct award is made and not to consider how it was achieved. I will take your advice and not go through the extra stress of appeal.

Is it usual for my ESA to be reassessed again a year after my latest medical in Feb 2019, my previous reconsideration was in 2016. I am already stressing my self out that the DWP will put me through this process again in February 2020. My mental health problems haven't improved any in the previous 6 years, so I don't see it changing within next 9 months. I believe it would be more reasonable for DWP to reassess me in 2021.

I forgot to mention that my success in being moved back into SG following my successful M/R, is in no small part due to the help and advice given in the Benefits and Work Guide ESA and UC Claims On Grounds of Mental Health, so many thanks to the authors Steve Donnison & Holiday Whitehead. I will keep it handy for my next reconsideration in February.