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help with esa querie
- magsamillion21
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- Gordon
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magsamillion21 wrote: Can any body help, I am currently in a work related activity group and have become realy unwell, I have not been to a work related activity since Nov 15, my adviser there has been fine with me, but I feel so unwell and am awaiting test results from 2 Consultants. I called my adviser at the work related activity and told him I could not face going there any more I am waiting to have a lung biopsy done he told me to get a sick note from my Doctor and send it to DWP with a letter asking them to be put into a support group, so I did a very matter of fact Woman rang me and told me the Adjudicating Officer there said I have to go to another Assessment, even though I told her I fell terrible is this right can I say I am not happy with her decision it is not about extra money I can not face that group at the moment, thinking that I may have Lung Cancer plus other things plus my Mental health, these people are so harsh, can any one advise me please I am at my wits end Thank You
I'm afraid the process is not as simple as it seems, I hope that the following does not make the situation worse for you.
First, to be moved to the Support Group you will need to show that you now meet one or more of the SG Descriptors, see the ESA Claim guides for more information. If you cannot show this then you will not be moved however poor your health become.
Although your current advisor is being supportive, you do need to be aware that your benefit can be sanctioned if yo fail to participate in any request for you to attend a Work Focussed Interview or participate in Work Related Activity, a Fit Note from your GP may be of assistance with this but it is not guaranteed as you are already considered to be too unfit to work.
I'm a afraid you will need to complete a new ESA50 explaining your conditions as they are now, this needs to be completed in detail and supported with evidence or the deterioration but also of your general problems, the latter may be what you have supplied before but it needs to be resent with an explanation of why you are still affected to this degree.
I would expect you to have to attend a face to face assessment and if one is required then you will need to attend in order for it to be progressed.
Please make sure you use the latest ESA Claim guides, although the ESA Descriptors have not changed for a while, some of the DWP guidance has.
If you have more questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- magsamillion21
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- Gordon
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Unfortunately we see this often in the forum, although your advisor is trying to be helpful some of the information they are giving you is incorrect.
So the first thing you need to do is to check the ESA Claim guides to see whether you meet the criteria for the Support Group?
If you think that you do then you should write to the DWP office dealing with your claim (this is not the JC+ office that you attend) and inform them that your conditions have deteriorated such that you now believe that you meet the criteria for the Support Group.
I'm afraid that whether a home assessment is granted is a decision that will be made by the Assessment Provider, you will need a letter of support from your GP explaining why you cannot attend and why to have any chance of getting one.
As far as I am aware you can only claim Income Support if your Grandson is receiving DLA MRC or HRC. If he does then I would recommend that you get face to face advice before proceeding, do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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