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Help! I have been placed in the work activity ESA
- Abi
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10 years 5 months ago #126816 by Abi
Help! I have been placed in the work activity ESA was created by Abi
Hope someone can advise me.
I have been on ESA assessment phase for nearly 18 months and finally had my medical assessment last week. I have had a letter today asking me to come in for a work based interview as i have been placed in the work activity group for a year. I am completely shocked that I have been placed in this group. Even the lady who did my assessment told me she was recommending that I was placed in the support group.
I suffer from severe anxiety, fibromylgia and abdominal problems. Most days I am unable to get out of bed. I have a medication phobia and believe this could be why I have been placed in this group. I have a three year girl and this year my husband had a spinal cord injury that has left him partially paralysed.
As I am the main claimant on the ESA claim my husband doesn't need to submit sick notes or go to an assessment (as far as i know). I have recently been awarded the enhanced rate of both the daily care and mobility for PIP. Still waiting for my husbands decision to made for his PIP. Its been six months already!
I dont know if its best to appeal or can I make my husband the main claimant? Would this be better? I am waiting for the report for my ESA decision, should come any day.
I have been on ESA assessment phase for nearly 18 months and finally had my medical assessment last week. I have had a letter today asking me to come in for a work based interview as i have been placed in the work activity group for a year. I am completely shocked that I have been placed in this group. Even the lady who did my assessment told me she was recommending that I was placed in the support group.
I suffer from severe anxiety, fibromylgia and abdominal problems. Most days I am unable to get out of bed. I have a medication phobia and believe this could be why I have been placed in this group. I have a three year girl and this year my husband had a spinal cord injury that has left him partially paralysed.
As I am the main claimant on the ESA claim my husband doesn't need to submit sick notes or go to an assessment (as far as i know). I have recently been awarded the enhanced rate of both the daily care and mobility for PIP. Still waiting for my husbands decision to made for his PIP. Its been six months already!
I dont know if its best to appeal or can I make my husband the main claimant? Would this be better? I am waiting for the report for my ESA decision, should come any day.
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- Gordon
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10 years 5 months ago #126818 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Help! I have been placed in the work activity ESA
Abi
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Let me tackle your husband claiming instead of your first, yes he can do this, but in order for him to make a claim you will need to close your current claim as only one person in the household can make a claim for Income Related ESA. This will be a new claim and he will only be entitled to the ESA Assessment rate until he is assessed and a Decision is made on his claim, waiting times have improved but it could still be the best part of a year before this happens.
You can appeal the Decision to place you in the WRAG, the first stage to this is for you to request a Mandatory Reconsideration, our ESA MR & Appeal guide explains the process in more detail, it and some template letters for making the request are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa1
To be placed in the Support Group you must show that you meet one or more of the SG Descriptors, our ESA Claim guides explain go through this in detail, you should also have a look at the section titled Three ways to get into the support group, these are also available on the above link.
You might also want to have a look at the following fact sheets
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If you have any specific questions, then please reply to this post and we will do our best to help, you might want to bookmark it in your browser so that you can easily find it.
Gordon
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Let me tackle your husband claiming instead of your first, yes he can do this, but in order for him to make a claim you will need to close your current claim as only one person in the household can make a claim for Income Related ESA. This will be a new claim and he will only be entitled to the ESA Assessment rate until he is assessed and a Decision is made on his claim, waiting times have improved but it could still be the best part of a year before this happens.
You can appeal the Decision to place you in the WRAG, the first stage to this is for you to request a Mandatory Reconsideration, our ESA MR & Appeal guide explains the process in more detail, it and some template letters for making the request are available on the following link.
www.benefitsandwork.co.uk/help-for-claimants/esa1
To be placed in the Support Group you must show that you meet one or more of the SG Descriptors, our ESA Claim guides explain go through this in detail, you should also have a look at the section titled Three ways to get into the support group, these are also available on the above link.
You might also want to have a look at the following fact sheets
Disability Rights UK Factsheet - Appeals and reconsiderations
Preparing for a Tribunal
Good practice for those appealing
If you have any specific questions, then please reply to this post and we will do our best to help, you might want to bookmark it in your browser so that you can easily find it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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