Supersession

Hi J,

I've just found this thread on rightsnet, re : renal dialysis and ESA :

www.rightsnet.org.uk/forums/viewthread/3648/

You may find it helpful.

bro58

Thank you very much Bro, it has been very helpful. Can I just say what a fantastic job you all do, thank you.

Jessica

Jessica wrote:

Thank you very much Bro, it is greatly appreciated. I suppose the only thing that might stand in my favour then is the extreme tiredness I experience and pain because of the kidney failure. Would I need to show then that because of this there is a risk to my health if I had to attend interviews, training etc?

J

"Would I need to show then that because of this there is a risk to my health if I had to attend interviews, training etc?"

Yes J, the "burden of proof" would be on you to show that there would be "substantial risk" if you had to take part in any Work Related Activity, as in :

Either :

Work Focussed Interviews

Or

Work Programme

Have you read my other post which I think crossed yours,? here :

www.benefitsandwork.co.uk/forum?func=vie...imit=6&start=6#92349

You may wish to review our ESA Claims Guides also, here :

ESA Guides

bro58

Jessica wrote:

Thank you very much Bro, it has been very helpful. Can I just say what a fantastic job you all do, thank you.

Jessica

No problem J.

Just to add, try not to rely on gaining entry to the SG on EC, Reg 35 alone.

Try and tie in your resulting limitations to the normal SG descriptors as well, with the help of our ESA Claims Guides, this will increase your chances of success.

Support Group, Schedule 3, (LCWRA) Regs, here :

www.legislation.gov.uk/uksi/2011/228/schedule/2/made?view=plain

bro58

Jessica wrote:

Thank you very much Bro for your reply. How would I start a letter asking for a Supersession? I am starting dialysis due to kidney failure, do you think this might entitle me to the Support Group?

J

Missed this one.

Something along the lines of :

" I am formally requesting a supersession to my current ESA WRAG award, as my medical conditions have changed/deteriorated. Therefore, my resulting limited capabilities have changed/increased to such an extent that I feel that I now qualify for entry to The Support Group of ESA."

Then go into detail of how you feel that you qualify for The SG.

It doesn't have to be verbatim to the above, though.

bro58

J,

It would seem that there is no risk involved to your current WRAG award, as long as you are receiving dialysis.

See this extract, ESA Reg 26 (1) (a) :

26.—(1) Subject to paragraph (2), a claimant receiving—
(a)regular weekly treatment by way of haemodialysis for chronic renal failure;

From ESA Reg 26, here :

www.legislation.gov.uk/uksi/2008/794/regulation/26/madee

Therefore, the fact that you receive renal dialysis automatically qualifies you for entry to WRAG (LCW).

Although viewing members may see my responses as being specific to your medical conditions J, they are also generic to any other members who may be suffering renal failure which results in the need for renal dialysis.

Hopefully, they will therefore be of benefit to other members as well.


bro58