WHAT DO I DO NOW???

AGoode wrote:

Thanks again Gordon, just as I thought - not exactly a great appeal outcome No, I'm not eligible for ESA(IR) but have read today that I can reapply for ESA(CB) if my condition has deteriorated (which it has) 12 weeks after my benefits have ceased - is this correct?

Not entirely!

Whilst you remain eligible for ESA, even though it is not in payment, you can make a request for a Supersession, if at any time your condition has deteriorated such that you believe that you would qualify for the Support Group, not the WRAG. If this is the case then you will need to supply significant evidence to support your assertion as the burden of proof will lie with you. See

Qualifying for the Support Group

If you close your claim, or for any reason lose your eligibility for ESA, then you also lose this right to have your claim re-assessed.

You can only make a new claim for ESA(CB) if you are able to meet the Contribution requirements or your circumstances change and you are then able to meet the ESA(IR) means test.

Gordon

AGoode wrote:

Many thanks again Gordon.

Since my last post, I have been doing some further reading and came across Page 29 of Benefits and Work 'understanding_ESA.pdf' - is this the same entitlement that my Decision Notice states?

The WRAG Exceptional Circumstances is on page 21 and the Support Group one is on page 26.

There is little difference in the wording other than the replacement of "work" with "work related activity".

Gordon