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ESA help needed - support group?

  • Stephen Barkley
  • Topic Author
10 years 1 month ago - 10 years 1 month ago #117859 by Stephen Barkley
ESA help needed - support group? was created by Stephen Barkley
Hi,

I'm hoping somebody on here can give me some advice about ESA.


I've been on disability for about 10 years following an accident at work. I get the higher rate DLA as I suffer from back and knee problems and have mobility issues. Last year I got moved from Incapacity Benefit to ESA - no tribunal, just filled out the forms and got put onto the new benefit. Then last week I received a letter telling me that my ESA will stop in July - apparently I'm on Contribution based payments and they only get paid for a year.

I've done some research and discovered that there's two different categories for ESA - the work related group and the support group. Currently I'm in the support group which is why the year limit applies (I believe there's no limit if you're in the support group)

Having looked up about ESA I'm pretty certain that I fit all the criteria for the support group and should be placed in this group. To be honest I had no idea that there were two different categories of ESA, I assumed that you either got awarded ESA or you got turned down so when I got the letter awarding it to me I just assumed it was all sorted.

I know that I won't qualify for income based ESA as my wife works full time so am I correct in thinking that the only way I can keep my ESA is to be placed into the support group? If so, how do I go about disputing the decision? Obviously its too late to appeal the original decision from last year so will I need to submit a fresh claim?

Also I'm a little bit confused about my ESA award. Whilst looking into it all during the last week I found out that people on the Work Related group have to attend interviews etc with regards to getting back to work - well its been 7 months since my award and nobody's ever asked me to do any of this (not that I'm in a position to do it anyway).

I'm a bit reluctant to phone the DWP about this because I've been lied to about things in the past and I don't trust them to give me some decent impartial advice about my situation, so I thought I'd try on here and see if anyone can help me.

Any advice would be much appreciated. Alternatively if anyone can point me in the right direction for help then I'd be most grateful.

Thanks

Steve.
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #117866 by Gordon
Replied by Gordon on topic ESA help needed - support group?
SB

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

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?

You have two options;

Although you are outside the normal one month to appeal, you can still make a Late Appeal providing you explain why your appeal is late, your being unaware that there were two groups should be accepted as reasonable cause.

Alternatively, if your condition has deteriorated since the original Decision and you can provide medical evidence to support this then you can ask to be re-assessed.

In regard an appeal

Have a look at our ESA Appeal guide, as your Decision appears to have been before 28 October 2013 you are not required to go through a Mandatory Consideration first.

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

and the following FAQs

Is there any risk to challenging a decision?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you want to have your claim re-assessed then you need to contact the DWP office that deals with your claim in writing asking to be re-assessed as you believe you now meet the criteria for the Support Group, this is called requesting a Supersession due to a Change of Circumstances.

You will receive a new ESA50 to complete and will likely be asked to attend a face to face assessment, which given the current delays in the system, could take some time. You will need to provide medical evidence that supports both the deterioration in your conditions and that you meet the criteria for the Support Group

Whichever route you choose it is unlikely that it will be resolved before your current ESA(CB) payments are stopped due to the time limit. If you appeal and are placed in the SG then your payments will be re-instated from the date they stopped and you will receive back payments to the date of your transfer, also it will be as if you have not spent any time in the WRAG and your full 365 days will be available if you are again put in that group.

If you ask for a Supersession then your payments should be re-instated from the date they stopped but you will only receive back payment to when you made the request, also the time before this that you spent in the WRAG will still count against you should a future assessment place you in the WRAG again.

If you have any questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 10 years 1 month ago by Gordon.

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10 years 1 month ago - 10 years 1 month ago #117868 by Libra45
Replied by Libra45 on topic ESA help needed - support group?
Hi Stephen

I'm not a Mod, but have you looked in the FAQs (Frequently asked questions) in the yellow backed section at the top of the page. There is an ESA section there that may help you.

:P
Last edit: 10 years 1 month ago by slugsta.
The following user(s) said Thank You: slugsta

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10 years 1 month ago #117871 by slugsta
Replied by slugsta on topic ESA help needed - support group?
This is the FAQ section that Libra45 mentioned

ESA FAQs

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

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  • Stephen Barkley
  • Topic Author
10 years 3 weeks ago - 10 years 3 weeks ago #117948 by Stephen Barkley
Replied by Stephen Barkley on topic ESA help needed - support group?
Hi,

Many thanks for the replies - they're very much appreciated.

Can I just clarify one or two things:

When I submit my late appeal, do I use the GL24 appeal form?

Also I'm assuming that while the appeal process is ongoing, I'll remain in the work related group?

Finally, is there any reason why I've never been requested to attend any of the work related activities - or is it just some people in the work related group that have to do this?

Thanks again

Steve.
Last edit: 10 years 3 weeks ago by Gordon.

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10 years 3 weeks ago #117951 by Gordon
Replied by Gordon on topic ESA help needed - support group?
Steve

Providing the Decision you are appealing was made before 28 October 2013 then you can go straight to appeal by submitting a GL24, have a look at the ESA Appeal guide, this explains the process in more detail and how to complete the form.

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

Yes, you will stay in the WRAG, however, even though you are appealing you are still subject to the 365 day limit.

The most likely reason for your not having been "pursued" by JC+ is the nature of your claim, as you are on ESA(CB) with no likelihood of being awarded ESA(IR) due to your wife working full time. It sounds as if your ESA was awarded for at least a year, so there was no value in the DWP pushing you towards work or forwarding you to the Work Programme, because once your ESA(CB) goes out of payment and you are left on just NI Credits, there is no requirement for you to participate in Work Related Activity.

Gordon

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

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