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ESA being stopped - how do I get reassessed?

  • Perky
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11 years 11 months ago - 11 years 11 months ago #85068 by Perky
I have been told that my contribution-based ESA will end on 30 April as I was put in the WRAG and have been receiving it for a year. As my husband works I won't qualify for income-based and will therefore receive nothing (apart from DLA and a small pension).

I got in touch with the DWP about this, and told them that as my condition (MS) has worsened in the year since I was seen by their ATOS doctor, I believe I now definitely qualify for the support group, and I want them to reassess me/look at my case again/do a supercession - the wording changes depending on who you speak to. Basically my circumstances have changed and I want them to reconsider.

I was told I had to fill in an appeals form in order for them to start this process, even though I don't want to appeal the original decision. I double checked this by ringing and asking if I really had to fill in the appeals form and was told yes, this was the only way to be reassessed for a change of circs. I enclosed a letter with the appeal form explaining clearly what I wanted. This morning I've received a letter telling me my APPEAL has been passed to the tribunals service. I am so frustrated - I don't want to appeal! My MS has got worse and I want them to assess me again and if necessary send me for another ATOS medical!

I spoke to an ESA person today who indicated that the advice was wrong, and I should not have filled in the appeals form when I wanted to be reassessed - and as I pointed out to him, the original decision was over a year ago so under their rules I wouldn't be able to appeal anyway! He told me my appeal will have to be stopped, and the people who deal with appeals will have to sort out getting me reassessed...the whole thing is a mess and the last month or so has been wasted when it could have been spent going about a supercession the RIGHT way. Looks like I'll be without money after 30 April for quite some time now, even if my reassessment is eventually successful and I get put in the support group.

This is all incredibly frustrating and stressful for me and is making my symptoms worse. I'm thinking of making a complaint about the DWP's incompetence.

Does anyone have any advice or info? Has anyone successfully applied to be reassessed, and if so how did they go about it?
Last edit: 11 years 11 months ago by slugsta.

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11 years 11 months ago #85070 by slugsta
You seem to have done the correct thing...

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11 years 11 months ago #85078 by Gordon
Perky

As you have eventually found out, the correct procedure is for you to request a supersession or re-assessment on the basis of a deteriorated or new condition that you believe now qualifies you for the Support Group.

You are entitled to make a complaint over the DWP advice you have received, and may be able to make a case for compensation, although this may be difficult to do until a Decision is made on your claim, see

Complaining to the DWP

Gordon

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