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TOPIC: ESA move from Support to Work Support

ESA move from Support to Work Support 1 week 12 hours ago #230646

My daughter has recently attended an Assessment and despite no changes over the last 19 years,has been moved from the support group into the work support group. Who can I seek help from?

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ESA move from Support to Work Support 1 week 9 hours ago #230657

Karen

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

Welcome to Benefits and Work

Do you know how she previously qualified for the SG?

Was there anything different in the way that you / your daughter completed the ESA50?

You can try and get face to face help by doing an internet search for "welfare advice" with your postcode, town or county.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this should be done in writing to the DWP, within one month of the Decision, to the office that deals with her claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that she meets the criteria for the SG, there are many reasons she may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that she walked 50m, she did but they have failed to document that she had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA move from Support to Work Support 1 week 8 hours ago #230662

Hi Karen,
The same thing has just happened to me - in the Support Group for 10+ years, to being put into the Work Related Activity Group (scored 0 points, but they used Reg 29)
I am doing a Mandatory Reconsideration... Will your doctor write a letter of support for your daughter? I'm lucky that my new doctor is. (my old doctor who left I don't think she would have)
Maybe contact your MP - I did & was surprised that he will write to the dwp on my behalf.. So I think it's worth doing.
Using the guide, check the descriptors that can put your daughter into the Support Group (not all of them do).. Also, Regulation 35 being used would also get your daughter into the Support Group.
As Gordon always says, think about whether certain activities (depending on descriptor) can be managed by your daughter reliably & repeatedy...
Wishing you lots of luck :)

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ESA move from Support to Work Support 6 days 14 hours ago #230691

In addition to Gordons thoughts:-
If you have the ESA 85 it will tell you the qualification of the Health Care Professional (HCP) who did the assessment. If the HCP was not qualified to do the assessment then the Tribunal should not take any or significant notice of the assessment. The case law is JH v SSWP (ESA) UKUT 269 (AAC), at paragraph 22.
It follows the Decision Maker should not be relying on the assessment when reaching the decision to reduce the ESA award. The example given in this case is when a physiotherapist assesses a claimant with mental health problems.

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
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