- Posts: 51284
× Members
ESA appeal WRAG to SG question
- Darthcranium
- Topic Author
12 years 9 months ago - 12 years 9 months ago #90173 by Darthcranium
ESA appeal WRAG to SG question was created by Darthcranium
Please forgive the questions, I've read so much information recently my head is spinning.
I'll try to be brief.
I had a brain injury 5 years ago and am still suffering. I was on IB and then after an ATOS assessment have been moved to Contribution based ESA, which will run out in 365 days.
The ESA examiner thinks I will be ready for work in 18 months, my Occupational Therapist says my symptoms are here to stay, the psychologist I see weekly agrees.
So, it's unlikely (barring stem cell research
) that I'll be able to work or even claim JSA after the ESA money has dried up.
I scored 0 points in the physical tests and 30 in the cognitive. I gather that I need a maximum score of 15 points in any one of the descriptors to go onto the Support Group?
I feel that the combination of my points 9 9 9 6 and 6 demonstrates that I'm having a bit of trouble, so I'm planning to appeal, and ask to be moved to the Support Group.
Questions (sorry again)
If I am unsuccessful at appeal is there a way of getting back onto the Support Group at a later date?
Does the 365 day countdown to further doom start at the same date or does the date change as I have appealed?
Should I just write in the box on the GL25 form something like "I would like to appeal because..." and then wait for a Tribunal to present more evidence? or should I attach letter I am working on further explaining my symptoms and impact they have on my life?
Many thanks for any help! I'm drowning in a sea of internet advice, PDF files and general confusion and fatigue. I feel like a rabbit in the headlights
I'll try to be brief.
I had a brain injury 5 years ago and am still suffering. I was on IB and then after an ATOS assessment have been moved to Contribution based ESA, which will run out in 365 days.
The ESA examiner thinks I will be ready for work in 18 months, my Occupational Therapist says my symptoms are here to stay, the psychologist I see weekly agrees.
So, it's unlikely (barring stem cell research

I scored 0 points in the physical tests and 30 in the cognitive. I gather that I need a maximum score of 15 points in any one of the descriptors to go onto the Support Group?
I feel that the combination of my points 9 9 9 6 and 6 demonstrates that I'm having a bit of trouble, so I'm planning to appeal, and ask to be moved to the Support Group.
Questions (sorry again)
If I am unsuccessful at appeal is there a way of getting back onto the Support Group at a later date?
Does the 365 day countdown to further doom start at the same date or does the date change as I have appealed?
Should I just write in the box on the GL25 form something like "I would like to appeal because..." and then wait for a Tribunal to present more evidence? or should I attach letter I am working on further explaining my symptoms and impact they have on my life?
Many thanks for any help! I'm drowning in a sea of internet advice, PDF files and general confusion and fatigue. I feel like a rabbit in the headlights

Last edit: 12 years 9 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
12 years 9 months ago #90177 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA appeal WRAG to SG question
DC
Whilst some of the 15 point scores correspond with the Support Group descriptors, not all of them do so you need to check whether any of your 9 point scores, might if scored higher, get you into the SG, see
Qualifying for the Support Group
You also need to be aware of the following
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Do I have to attend WFIs while I appeal?
Our ESA Appeal guide explains how to complete the GL24, see
www.benefitsandwork.co.uk/help-for-claimants/esa
The 365 days starts from your Effective Date of Transfer, appealing will not effect this, but if your appeal places you in the SG, then the clock will be reset.
Gordon
Whilst some of the 15 point scores correspond with the Support Group descriptors, not all of them do so you need to check whether any of your 9 point scores, might if scored higher, get you into the SG, see
Qualifying for the Support Group
You also need to be aware of the following
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
Do I have to attend WFIs while I appeal?
Our ESA Appeal guide explains how to complete the GL24, see
www.benefitsandwork.co.uk/help-for-claimants/esa
The 365 days starts from your Effective Date of Transfer, appealing will not effect this, but if your appeal places you in the SG, then the clock will be reset.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Darthcranium
- Topic Author
12 years 9 months ago #90180 by Darthcranium
Replied by Darthcranium on topic Re: ESA appeal WRAG to SG question
Sorry! 39 points not 30 in the cognitive part of the test.
My psychologist is writing a letter or (hopefully!) support which I will have next Tuesday, should I include this as well? I already have a letter from my OT that I took to the original ATOS exam, I could send a copy of this.
Maybe I'm clutching at straws, but I'm thinking that if the appeals process is completely snowed under then maybe a favourable decision would be made without tribunal if I send enough evidence in with my appeal?
My psychologist is writing a letter or (hopefully!) support which I will have next Tuesday, should I include this as well? I already have a letter from my OT that I took to the original ATOS exam, I could send a copy of this.
Maybe I'm clutching at straws, but I'm thinking that if the appeals process is completely snowed under then maybe a favourable decision would be made without tribunal if I send enough evidence in with my appeal?
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
12 years 9 months ago #90181 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA appeal WRAG to SG question
"If I am unsuccessful at appeal is there a way of getting back onto the Support Group at a later date?"
As long as you are considered unfit for work by DWP, even if you are only getting NI contributions, you can access the Support Group if your conditions warrents it at a later stage. Expect to undergo periodic assessments with ESA50 with/without face-to-face assessment, although we are not yet sure exactly how this will work.
As long as you are considered unfit for work by DWP, even if you are only getting NI contributions, you can access the Support Group if your conditions warrents it at a later stage. Expect to undergo periodic assessments with ESA50 with/without face-to-face assessment, although we are not yet sure exactly how this will work.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- slugsta
- Offline
Less More
- Posts: 9439
12 years 9 months ago #90182 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic Re:ESA appeal WRAG to SG question
A different DWP Decision Maker will carry out a reconsideration first ( your case will only be passed to te Tribunal Service if the recon does not go in your favour) and we have certainly heard from people who are successful at this stage. Therefore, it is worth sending as much evidence as possible. Letters from health professionals will carry greater weight if they refer directly to the Support Group criteria.
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Darthcranium
- Topic Author
12 years 9 months ago #90185 by Darthcranium
Replied by Darthcranium on topic Re:ESA appeal WRAG to SG question
Thanks Gordon! That was fast 
I have already collated my descriptors for the points I got and compared them to the descriptors I would need to get 15 points and found some things confusing.
I scored 6 points in the "getting about" section, but there seems to be no "getting about" section in the descriptors for getting max points and qualifying for the SG that way...
Some "interpretation" is needed when fitting symptoms into neat boxes for the descriptors..
For example section 13 Initiating and completing personal actions (which means planning, organisation, problem solving, prioritising or switching tasks).
I scored 9 points:
13(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
and to score the maximum I would need to demonstrate
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
How much leeway is there for arguing a point? Does it just depend on what the examiner on the day thinks?
Would I need to prove that I fit into one of the "maximum score" boxes in order to qualify for the Support Group? Is there a way I could argue that scoring 9 9 9 6 6 makes me as eligible as scoring 15 0 0 0 0 ?

I have already collated my descriptors for the points I got and compared them to the descriptors I would need to get 15 points and found some things confusing.
I scored 6 points in the "getting about" section, but there seems to be no "getting about" section in the descriptors for getting max points and qualifying for the SG that way...
Some "interpretation" is needed when fitting symptoms into neat boxes for the descriptors..
For example section 13 Initiating and completing personal actions (which means planning, organisation, problem solving, prioritising or switching tasks).
I scored 9 points:
13(b) Cannot, due to impaired mental function, reliably initiate or complete at least 2 personal actions for the majority of the time.
and to score the maximum I would need to demonstrate
Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.
How much leeway is there for arguing a point? Does it just depend on what the examiner on the day thinks?
Would I need to prove that I fit into one of the "maximum score" boxes in order to qualify for the Support Group? Is there a way I could argue that scoring 9 9 9 6 6 makes me as eligible as scoring 15 0 0 0 0 ?
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, Chris, David