ESA appeal

Rosemary wrote: Am new here

Pls can someone explain to me these EAS Reg 2008 19, 29,34 and 35 also schedule 2&3 pls!!!

The ESA Regulations 2008 (as amended) is the legislation that defines the operation of the ESA benefit.

Regulation 19 defines the requirements for an award for the Work Related Activity Group

Reg, 29 defines how a claimant can be placed in the WRAG under what are called Exceptional Circumstances, see our ESA Claim guides for more details.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Reg. 34 defines the requirements for an award of the Support Group.

Reg. 35 defines how a claimant can be placed in the SGG due to Exceptional Circumstances, again see the guides.

Schedule 2 refers to the Descriptors for the WRAG that claimants are tested against, Schedule 3 are the SG Descriptors, again see the guides for more details. There have been substantial changes to Schedule 2 and to a lesser extent Schedule 3.

Gordon

Rosemary

The first thing you have to do is to submit the SSCS1 form to the Tribunal Service

The ESA MR & Appeal guide explain how to complete this form on page 12 and has sample words that you can use for your reasons for the appeal depending on the circumstances of your appeal.

Once your appeal has been accepted by the Tribunal Service, they will write to you to confirm this, then if you are not receiving any ESA then you can contact the DWP and ask for you to be placed on the ESA Assessment rate while you wit for a hearing, you will need a Fit Note covering you from the day after you were found Fit for Work.

If you are appealing to be placed in the Support Group from the WRAG then you do not need to do anything else with regard the DWP as you will continue to receive the WRAG rate.

The next thing to look at is your submission, there is an ESA Submission guide in the same section as the Appeal guide.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Your aim in the submission is to explain why you believe you meet the criteria for an ESA award, I'm assuming that you did not use our guides originally, so you should use them, your ESA50 and the ESA assessment report to look at how you should explain your daily limitations more clearly.

In some cases it may be that you have not included sufficient information in order to meet the criteria, you need to fill in the gaps.

It may be that the assessor and/or DM have misinterpreted what you said, you need to correct the error and explain why they are wrong.

Finally they may disagree with your limitations, you need to explain them again with reference to your medical evidence to show that their interpretation is incorrect.

You might also want to have a look at the following

www.disabilityrightsuk.org/how-write-appeal-submission

If you have further questions then reply to this post and we will do our best to help.

Gordon