Alibaba's ESA Queries !!!

I have to ask for a re-assesment is there any body has done it before as I would like to write the best letter for my mother who is under a high pressure from dwp to seek for work as she is in work related activity group at the moment which she need to be moved to support group.. please can any body help with how can I write a perfect letter.. Thank you

Alibaba wrote: I have to ask for a re-assesment is there any body has done it before as I would like to write the best letter for my mother who is under a high pressure from dwp to seek for work as she is in work related activity group at the moment which she need to be moved to support group.. please can any body help with how can I write a perfect letter.. Thank you

Hi Ab,

Welcome to Benefits and Work Forum

Please don't tag queries onto another member's topic, they will get lost and risk not being answered.

Please keep all your future ESA queries to this topic by replying to the topic.

There is no "perfect letter" !

I assume that you want to request a review/supersession of Mum's WRAG award so that she can gain entry to The SG.

If you are to request a review/supersession as above, the burden of proof will be on you to prove, by providing medical evidence, etc, that her medical conditions have changed or deteriorated to such an extent that the resulting limitations now qualify her for The SG by fulfilling at least one of The SG descriptors.

To request a review/supersession, you need to write a letter to DWP ESA reporting a Change of Circumstances (C of C) in her conditions and resulting limitations. Make it clear in that you are requesting a review, and provide copies of any supporting evidence that you may have with the letter :

Sending Documents to the DWP.

You should address the envelope to the Benefits Office/Centre address that you have on her most current ESA letter from the DWP.

It may help if you write ESA Review Request in front, top, left corner of the envelope.

Once your request is received, she will probably receive a new ESA50 Questionnaire to fill in and return, and may or may not have to undergo a face to face assessment.

In anticipation of this, see the following :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the guides on this page, 2nd & 3rd links down :

ESA Claims Guides

See also :

How long do I have to complete the ESA50?

ESA50 too big for the envelope

&

Sending Documents to the DWP or Maximus. (aka CHDA, aka HAAS.)

How best to show that she qualifies for The SG is covered in our ESA Claims Guides available from the link above..

If you can identify which of : The Functional SG (LCWRA) Schedule 3 Descriptors you feel that she qualifies under, ( remember, even though you can cite more than one, you only need to fulfill one to qualify ) you can cite it/them in/with her ESA50 + extra evidence/pages.

You can then list the medical evidence that you have, (providing supporting medical documentation) and try and tie in the limitations that she suffers as a result of the medical conditions with the appropriate SG Activity/Descriptor/s, giving reasons how and why she cannot carry out that Activity with respect to the relevant Activity/Descriptor

If she cannot carry out any of the Activities Repeatedly, Reliably and Safely for the majority of the time (>50% of the time) without suffering severe discomfort, pain, risk, fatigue or breathlessness, she should not be classed as being able to carry them out at all, and she is therefore legitimately within her rights to answer "No" she cannot carry out that particular Activity, explaining why !

So it is a matter of highlighting the relevant SG Activity/Descriptor/s then cross referencing to the relevant medical condition/s and resulting limitations.

With regards to The SG Activities as opposed to The WRAG Activities, to be classed as being able to carry them out, not only must you be able to do so as mentioned above, for the majority of the time, etc,etc, you must also be able to carry them out on the majority of occasions that you attempt them :

ESA Reg 34. (2) Applicable to Support Group :

“A descriptor applies to a claimant if that descriptor applies to the claimant for the majority of the time or, as the case may be, on the majority of occasions on which the claimant undertakes or attempts to undertake the activity described by that descriptor”

From : ESA Reg 34.

If she cannot fulfil at least one of The Functional SG Descriptors,as above, she can gain access to The SG via : ESA Reg 35 for entry to The SG (LCWRA)

For entry via ESA Reg 35. (2) (a) & (b) you would have to show that there would be a "Substantial Risk" to her own physical or mental health, or that of another person if she was not assessed as having Limited Capability for Work Related Activity . (LCWRA) (not placed into The SG)

i.e. if she was kept in the WRAG and had to continue to comply with WRA, rather than being placed into The SG and not having to comply with WRA.

Have a look at Gordon's comments in : This Post regarding ESA Reg 35,

Disregard the comments regarding ESA Reg 29, as they only place you into The WRAG once more.

The information from : This Link gives good examples of WRA that she may have to take part in if in The WRAG.

You could therefore use the above as examples of WRA, and explain how and why she or another person would suffer "Substantial Risk" if she was kept in The WRAG and had to comply with such WRA.

There is nothing wrong with you citing any applicable Functional Schedule 3 Activities/Descriptors whilst also citing ESA Reg 35 as a back up if appropriate.

You should Bookmark/Favourite this page in your Internet Browser now.

That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.

See : This Topic also !

Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

bro58