ESA APPEAL - REFUSED

SIMON34 wrote: HI,

I was moved from IB to ESA and put into the WRAG group and I appealed. Finally I went to my Appeal and it was refused. I never did have a medical. Since filling out the orignal form, my illnesses have changed, I need a knee replacement which I'm having in May this year. I have used up my 365 days in the WRAG. My question is can I reapply for ESA as my illnesses have changed to see if I can get in the Support Group or is there a time limit I have to wait until I can reapply?

Thanks

On the assumption that you are receiving NI Credits then you should have the option of requesting a re-assessment to be placed in the Support Group, you should be aware that the burden of proof lies with you, so you will need to collect any and all evidence that there has been a deterioration in your health to show that you now meet one or more of the descriptors for the SG, see

Qualifying for the Support Group

I assume you are not eligible for ESA(IR) because of your income, assets and savings or because of the hours a partner works.

You can only make a fresh claim for ESA(CB) if you have sufficient NI Contributions in the qualifying years and that at least one of the years used for this claim is later than that used for any previous claim. Our understanding is that this will not be possible for anybody who has previously been in receipt of IB.

Gordon

SIMON34 wrote: Thanks for your reply Gordon, I am receiving NI credits still. How do I go about getting a re-assessment? Do I ring the DWP and ask for one or is there a form I need to fill in?

Many thanks for your help!

Write a letter to your local DWP office saying that you want to be re-assessed on the basis of a deteriorated condition such that you now believe that you meet one or more of the descriptors for the Support Group.

They should then arrange for an ESA50 to be issued and you should expect to attend a face to face assessment.

Your payments will only be re-instated if you are placed in the SG, please be aware of the following.

Is there any risk to challenging a decision?

Gordon