Want to be considered for ESA support group

Hi, I’d like some advice please.

I have ME/CFS and was placed in the contributions based ESA WRAG in July of last year following an appeal after initially being turned down for ESA. My condition has worsened and I want to ask the DWP to consider placing me in the support group. I have 2 queries a) Can the DWP make the decision themselves or does my request automatically mean another appeal, and secondly b) Would I be better off making the request under the old schedule 3 (limited capability for work related activity) descriptors, or the new schedule 2 which replaces it. I may be mistaken but I think I read somewhere that after the 24th September (next Saturday) all requests will be considered under the new rules. I don’t know who else to ask – I can’t afford legal representation and the CAB couldn’t help me either first time around. It was thanks to your website that I managed to prepare a successful appeal last year. Hope you can help, especially if there is a deadline in a few days. Thanks, Pepi

Pepi wrote:

Hi, I’d like some advice please.

I have ME/CFS and was placed in the contributions based ESA WRAG in July of last year following an appeal after initially being turned down for ESA. My condition has worsened and I want to ask the DWP to consider placing me in the support group. I have 2 queries a) Can the DWP make the decision themselves or does my request automatically mean another appeal, and secondly b) Would I be better off making the request under the old schedule 3 (limited capability for work related activity) descriptors, or the new schedule 2 which replaces it. I may be mistaken but I think I read somewhere that after the 24th September (next Saturday) all requests will be considered under the new rules. I don’t know who else to ask – I can’t afford legal representation and the CAB couldn’t help me either first time around. It was thanks to your website that I managed to prepare a successful appeal last year. Hope you can help, especially if there is a deadline in a few days. Thanks, Pepi

Hi,

Yes the DWP can make the decision (either with or without you having to have a Work Capability Assessment - WCA - (Medical)). However if the decision is adverse, you have the right to elect to appeal to a tribunal again provided you apply in time.

You would be assessed under the WCA that came into effect in March 2011 - details are on this page in the members area:

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

With regards to obtaining help, have you checked the find an adviser area of the Community Legal Advice website here:

legaladviserfinder.justice.gov.uk/AdviserSearch.do

Obviously obtaining face to face advice is preferable as your case can be gone through in detail to assess whether you would qualify for the Support Group and how 'safe' your current award is.

Pete

Thanks, Pete. I'll try and get some face to face advice and hope I have more luck this time around.

hi just got phone call from jobcentre plus saying i was being put in the wrag group so i will have to attend focused interveiws (went to 5 last year)but was told if too ill not to attend and ask to be put in support group now waiting for all this in writing i have had a medical for this