esa decision

hi, I received the dreaded letter this morning regarding my transfer from IB to ESA and I'm not sure whether I'm pleased or not I was placed in the work related activity group without a medical. I did hope I would be placed in the support group as I have been ill for many years and I'm on the higher rate of DLA for both components indefinitely, can anyone tell me what the difference is between the work focused and the support group? and is there a financial difference, there is also nothing on the letter saying how long it has been awarded for.

edward wrote: hi, I received the dreaded letter this morning regarding my transfer from IB to ESA and I'm not sure whether I'm pleased or not I was placed in the work related activity group without a medical. I did hope I would be placed in the support group as I have been ill for many years and I'm on the higher rate of DLA for both components indefinitely, can anyone tell me what the difference is between the work focused and the support group? and is there a financial difference, there is also nothing on the letter saying how long it has been awarded for.

Hi e,

The main difference between WRAG and SG is that if you are only entitled to Contribution Based (CB) ESA, as it seems that you may be, as you were previously in receipt of IB, this CB ESA in The WRAG, will only be paid for 365 days before payment ceases. :

12 Month Limit for ESA(CB)

If you were previously receiving any form of Income Support (IS) top ups to your IB, e.g. in the form of Disability Premiums due to your receipt of Higher Rate Care DLA, then you should now be paid Income Related (IR) ESA top ups in place of the IS.

If you now receive any amount of IR ESA with your CB ESA, then the 365 days limit to payment will not be in force.

Another difference is that in the WRAG, you will have to comply with WFI's and WRA, in the SG, this is purely voluntary.

Work Focused Interviews

The Work Programme

Changes to ESA Sanctions

The decision notice letter will not tell you the recommended period of The WRAG award (the prognosis) before you are reassessed.

To find out the prognosis, you will have to ring the 0845 number on the letter where they should have it on their computer screens.

Whilst on the phone, you can also request a copy of the ESA85A medical report.

If you have difficulty obtaining this, you can make a written request, and there should also be an LT54 Form, a description of which can be found in this list :

ESA Forms

See also :

ESA medical – what forms to ask for?

If you feel that you should have been placed into The SG, you have one month from the date of the decision notice letter to either request a Mandatory Reconsideration (MR), or an Appeal. (depending on the type of decision notice that you have received)

Qualifying for the Support Group

N.B. Added Comments

Being in the SG is worth around £6.35/Week more. As you have been migrated over from IB, you should receive no less than you were previously receiving, under Transitional Protection :

What will I be paid?

What will I be transferred to?

If you intend to ask for an MR/Appeal, then please re-post, and we will try to help further.

bro58

hi thanks for the reply could anyone tell me how I ask for an explanation of the decision and is this the same as asking for a written statement of reasons for the decision as I am think about a mandatory reconsideration with a view to appealing thanks.

edward wrote: hi thanks for the reply could anyone tell me how I ask for an explanation of the decision and is this the same as asking for a written statement of reasons for the decision as I am think about a mandatory reconsideration with a view to appealing thanks.

Hi e,

There will not be a statement of reasons nor a score sheet, as you were placed into The WRAG without a face to face.

There will be an ESA85A and an LT54 as previously advised, there may also be an ESA113 Questionnaire, if one was sent to your G.P.

If you are to request these in writing, do not go over the one month allowed to Appeal/Request Mandatory Reconsideration if they have not arrived.

You can do this using a SAR Form :

SAR Form Download

From this page :

DWP Data Protection Policy

Or you can make the request in the form of a letter, as long as you make it clear that you are making a formal SAR under The Data Protection Act 1998.

Address the envelope : FAO The Data Controller, at the Benefits Office dealing with your ESA.

Write DPA 1998 SAR in front, top, left corner of envelope.

Once received, they have 40 calendar days to comply.

Sending Documents to the DWP or ATOS

You can request the ESA85A over the phone if you want, but it is doubtful that you would receive the other docs with a verbal request.

Whether you have to request a Mandatory Reconsideration (MR), or you can Appeal using GL24 Form will depend on the wording of your WRAG decision notice letter.

Does it say that you must first have an MR before you can appeal ?

bro58

hi yes it says I need to ask for an M/R first I also found out by phone that the award was for 2 years

edward wrote: hi yes it says I need to ask for an M/R first I also found out by phone that the award was for 2 years

O.K. e,

Now that we have clarified that, you should have a read through the following :

What is a mandatory reconsideration for ESA?

How long do I have to ask for a mandatory reconsideration?

How do I ask for a mandatory reconsideration?

Will my ESA be paid while a mandatory reconsideration takes place?

Will the decision maker contact me during the mandatory reconsideration process?

Will a mandatory reconsideration decision be backdated?

How will I be told what the mandatory reconsideration decision is?

What do I do if I am not happy with the result of the mandatory reconsideration?

What is to stop me just lodging my appeal without asking for a mandatory reconsideration?

As you will see, you still only have a month from the date of the letter to request an MR, and your ESA WRAG payments will remain in payment while the MR is ongoing.

See also :

Is there any risk to challenging a decision?

&

Where to get advice?

You should also have a read of our guide under the heading of :

"Employment and Support Allowance mandatory reconsiderations and appeals. 40 page guide to mandaory reconsiderations and appeals for ESA, for decisions made on or after 28 October 2013"

6th link down this page :

ESA Claims Guides

See also :

Disability Rights UK Factsheet - Appeals and Mandatory Reconsiderations.

bro58