ESA WRAG to Support Group

KC

You may have created a Catch 22 for yourself.

Whilst a Supersessions (in this context) primary aim is to see whether a claimant qualifies for a higher award, it is none the less a full review of their condition and a Decision Maker is not limited to dealing with whether an increased award is justified or not, they can make any award or none that they believe the evidence supports.

So if you decide to remove the request for a Supersession you must ensure that this is at no fault to you and that your existing award will continue, this needs to be in writing from the DWP. If they do not give such an assurance then you may be compelled to continue with the assessment process in order to avoid a Fit for Work Decision, either because you have failed to return the ESA50 or failed the assessment.

From your previous posts I believe you ESA is no longer in payment and you do not qualify for ESA(IR), also you have stated that you have sufficient NI Contributions and/or Credits, does take into account the changes to the State Pension qualification which may be enacted in the next Parliament? This may well effect the decision you wish to make

To qualify under Regulation 35 you need to show that you

- suffer from some specific disease or bodily or mental disablement, and

- because of that disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

I don't think that your GP's letter is a positive statement of the above, but neither would I say that it wholely fails to support it, however, if this is your only medical evidence you will be pressed to prove your case unless you can show that it is reasonable for you to experience more pain as a result of WRA which will to some considerable extent will be dependant on your underlying conditions.

Ultimately, to continue or not is a decision that only you can make.

Gordon

Mr Kim Catherall wrote: A very informative reply Gordon, thank you.
The GP's support letter has been sent to my adviser for due consideration.
If she thinks there is some merit in proceeding I will.
I think that Atos would be unwise to make a Fit for Work decision as this would be counter to the tribunal decision and my GP's.
But we are dealing with the DWP & Atos, there is history between us!

What is a Supersession, an extended version of the physical WCA?

A Supersession is the technical name for you requesting a re-assessment because of a deterioration in your condition.

A failure to return the ESA50 or to attend an assessment without Good Cause can result in what is referred to as a technical Fit for Work Decision, that is why it I mentioned the Catch 22, this can be appealed but not on the grounds of your health, only your reasons for not returning the ESA50 or attending the WCA, further, a finding in your favour merely re-establishes the requirement, not removes it.

The law in this area is unclear, in principle you have the right to withdraw the request for a Supersession, however, the DWP are also entitled to initiate a re-assessment at any time after three months from the previous Decision. Historically the DWP have cared little about claimants reporting a deterioration, they are far more interested in those who have improved, but we have seen an increasing number of strange decisions coming out of the DWP recently, so I feel obliged to make you aware of all the implications.

Gordon