ESA Is it worth appealing to get into Supprt Group

MGatehouse wrote: We wonder if it is worth appealing to try to get re-allocated from the Work-Related Activity Group to the Support Group?

My 55-year-old brother-in-law has epilepsy, oral cancer, high blood-pressure and significant speech and hearing impairment, plus some cognitive difficulties; but is fairly mobile. He completed his ESA50 and has been assigned (without a medical) to the work-related activity group. His benefits have remained the same as before and his DLA is not affected.

Is it worth appealing? He will find repeated 'work-focused interviews' very distressing and it's not clear what happens. It's extremely unlikely that he will ever be able to work again. What happens after 12 months? What happens if the people conducting the WFIs realise this? Can they re-assign him to the Support Group. Or will they keep calling him in? Will his sister or I be allowed to attend to help and interpret for him (his speech and hearing difficulty make communication with strangers almost impossible)?

Claimants are placed in the Support Group because they meet one or more of the SG descriptors

Qualifying for the Support Group

There are three mechanism that would allow this to happen;

- he is moved following a new assessment,
- he challenges the original Decision at appeal,
- his condition deteriorates or he develops a new condition such that he then meets the criteria for the SG.

There is no mechanism for DPW staff to simply move him to the SG.

If your BIL remains in the WRAG and he is receiving ESA(CB), then his payments will be limited to 365 days after which he will need to meet the means test for ESA(IR) for them to continue.

While he is in the WRAG he is required to participate in Work Related Activity, a failure to do so without Good Cause can result in his benefits being sanctioned.

Work Focussed Interviews

Work Programme

Re-assessments are carried out regularly, he can ask the DWP when he is due an assessment, at which time he will receive a new ESA50 and may have to attend an assessment.

To appeal

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If his condition has deteriorated since the original Decision or he now has a new condition then he can requests a Supersession (re-assessment) of his claim, he will need to show that there has been a change and that he now meets the SG criteria.

In all cases

Is there any risk to challenging a decision?

Have a look at our ESA Appeal guide for more details

www.benefitsandwork.co.uk/help-for-claimants/esa

If you have more questions, please reply to this post.

Gordon