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Any easier if you're already in ESA Support Group?

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8 years 10 months ago #168000 by SaneInside
If you've already been awarded ESA Support Group at your last assessment (via appeal) does that make it any easier to get a similar result again?

I ask because about 4 years ago I was reassessed under the new rules, moving from incapacity benefit to ESA which involved ATOS. At first I was placed in WRAG but managed to appeal it (with the help of this site) and was put over to Support Group (appeal took 4 months)

Now I've recently received another ESA50 to fill out; my condition hasn't improved if anything it's worse; my nerves are totally shot having to go through this again; you probably know how I feel.

So will it be any easier or are all ESA50s regarded as new claims? Do they take into account how long you've already been claiming the same benefits?

If you have been thank you for for reading, for your time and any help you can provide.

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8 years 10 months ago #168038 by Gordon
Sam

You really need to treat it as if it is a new claim and complete the ESA50 in full and supply evidence as you can, even if it has been submitted before.

It's important to remember that each ESA assessment looks at your problems as they are at that time. If you have conditions that will not improve or are likely to deteriorate then you should have a good expectation of remaining in the SG. The last change to the Descriptors was in January 2013, so you may be affected by those changes, also, if you qualified under Regulation 35 then you must provide up to date evidence to qualify again, you cannot use old evidence for this Descriptor.

Gordon

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

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8 years 10 months ago #168044 by Bill24chev
If you still have a copy of your previous ESA50 (there would have been a copy in the appeal; bundle) use this as a template and add anything that as worsened.

Also include ,if you still have it , a copy, the FTT Appeal decision that placed you in the support group. This should mean that the HCP who reviews your case should not rely on any thing in the previous ESA/85 that placed you in WRAG instead of Support Group.

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