ESA Query

Philip wrote: Hi Folks,

1st a massive thanks to this site for all the helpful info. I won my appeal last month and on the papers prior to appeal from the Department to appeals it asked if I won my my case what group should I be placed. Then after the appeal, the letter from the Appeals service stated the department would choose as to what group I got placed. They have placed me back in WRAG group can I appeal this decision to Support group and if not is there anything I can do to try and get the decision changed so that I'm placed in the support group. Thanks in advance

I am a bit confused by some of the things you have posted, however, the forum has just closed to new posts until 8pm this evening, so I will do my best to answer.

Who made the Decision to award you ESA, the DWP or the Tribunal Service?

If it was the DWP, then they will have lapsed (cancelled) your appeal, however this new Decision to place you in the WRAG can be appealed although you will first have to request a Mandatory Reconsideration. See our ESA MR & Appeal guide

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

If it was the Tribunal Service, then the first thing to say is that it is the TS that decide what group to place you in they do not remit this to the DWP to decide. You can only appeal a TS Decision if you can show that there was an Error of Law

What is an Error of Law?

A first stage to this is requesting a written Statement of Reasons

Tribunals – Requesting a Statement of Reasons

In both cases you need to be aware of the following

Is there any risk to challenging a decision?

As an alternative, if you can show that your condition has deteriorated or you have a new condition (with medical evidence), that would qualify you for the SG then you can request a re-assessment of your claim on this basis, you will have to complete a new ESA50 and likely attend a face to face assessment.

Gordon