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How to go from wr esa to support group????

  • PAT
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9 years 5 months ago #147117 by PAT
Hi after getting zero points at my assment i appealed and was placed in work related Esa group but i am finding it harder to deal with and the jobcenter told me to ask to be placed in the support group if i feel i am in the wrong group.
i Have
fibromyalgia
depression with suicide attempt after marriage break up
hypermobility syndrome
migraines neurologist explained this as my brain wired wrong and gets over stimulated easily
chronic pain
anxiety
panic attacks
very poor memory
at the moment i am feeling very overwhelmed and my mind is all over the place when i first received zero points and the fight i had i felt suicidal all the time and now with try to figure this all out im starting to feel this way again i am at my wits end and dont know where to go for help as last time i tried citizens advice they were not very helpful. i live in manchester please can some one tell me where to find the information i need. sorry for my grammer and spelling. Thanks

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9 years 5 months ago #147139 by Gordon
Replied by Gordon on topic How to go from wr esa to support group????
Pat

To be placed in the Support Group you need to meet one or more of the SG Descriptors, have a look at the ESA Claim guides to see whether this is the case or not.

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

If you believe that you do then you have two options depending on your circumstances;

You say that you current WRAG Decision was the result of an appeal, how long ago was this and who made the actual Decision to place you in the WRAG, was it the DWP or a Tribunal Panel?

If the Decision was more than 13 months ago or more than one month if made by a Tribunal, then it is too late for you to doing anything about it.

If it was less than 13 months then you can still make an appeal, you will need to first request a Mandatory Reconsideration from the DWP and your request must explain why it is late. The DWP do not need to accept your request, but if they do then you can explain why you think the Decision to place you in the WRAG was wrong.

If it is less than one month since an appeal placed you in the WRAG then can challenge the Decision but not because you disagree with it, only because there was an Error of Law? .

If it is too late to appeal or you do not believe that you met the SG criteria at the time of the original Decision but now do, then you can request the early re-assessment of your claim, you need to do this in writing to the DWP office that deals with your claim.

You need to be aware that this is a full re-assessment of your claim and can result in a negative as well as a positive result for you. You will need to complete a new ESA50 and I would expect a face to face assessment to be required, so you also need to whether you are capable of managing this.

If you need more information then please reply to this post.

Gordon

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

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