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Requesting new ESA assessment or supercession

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9 years 11 months ago - 9 years 11 months ago #120068 by David Smith
Can anyone help.
My wife is currently waiting to attend a Tribunal - we have appealed against a decision to place her in the WRAG instead of the Support Group - her previous assessment was nearly 2 years ago. We have no idea as to when her Tribunal will be heard - there is a large back log of cases locally.
In the mean time, her condition has got worse - she contact DWP and was told that they would consider sending her for a review if she can obtain a letter from her GP with evidence that her condition has worsened. She will be doing this.
Questions:-
1) can she request a another assessment (Supercession) as her condition has worsened?
2) How often should my wife have an assessment - we thought it should be every 2 years?
3) if my wife has another assessment and goes into the Support Group before the Tribunal is heard, can she still attend the Tribunal for her appeal to have been put into the Support Group - if she was successful, her benefit would be backdated?
Cheers,
Daveyboy22.
Last edit: 9 years 11 months ago by Gordon.

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9 years 11 months ago #120070 by Gordon
Daveyboy

1. Yes, she can request a Supersession to be placed in the Support Group as a result of deterioration in her condition.

This will likely require a new ESA50 to be completed and probably her attendance at a face to face assessment.

The Burden of Proof lies with her, so she will need to provide new medical evidence that there has been a deterioration in her condition and that this has occurred since she was last assessed, obviously it must be supportive of her meeting one or more of the SG Descriptors.

2. There is no "fixed" term between assessments although we would expect the maximum period for anybody in the WRAG to be two years, however, the DWP have suspended routine re-assessments due to the back log in the system, so it is likely that this is the reason why she has not had her award looked at, see

www.benefitsandwork.co.uk/forum?view=top...=10&id=100618#117770

3 Any request for re-assessment can run in parallel to any appeal that she is making. The new Decision that will result from the Supersession will limit any Tribunal Decision, but she would still be eligible for any back payments should the Tribunal agree that she should be in the SG.

Gordon

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

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