ESA cont based stopping

ankspon

Due to the new rules which says your claim stops after 365 days i am requesting a supersession.Have any of you successfully done this?.I have also requested the help of my local MP who is willing to help.Do you think there involvement will help or hinder,i have been told by a DWP employee i should be in the support group but was never put there.What is the success rate of supersessions?.

rogerblack

Your question seems to be muddled.
Supersessions can be on any grounds.
What specific grounds are you requesting it on?

What a DWP employee told you is largely irrelevant, unless they were a decision-maker acting in their official capacity, other than as grounds for complaint against that employee.

On what specific grounds do you believe you are entitled to the support group?

Muttleythefrog

As above.... success will depend probably largely on your evidence... evidence of deterioration/change of health and that a support group descriptor applies. DWP staff say many things... these threads are full of things they shouldn't say, are totally incorrect misleading and unhelpful etc.


If you do go down the road of supercession then having the support of MP probably won't do any harm but key will be demonstrating that you now meet support group criteria and you're probably best placed to determine if this is a realistic possibility. If you think no support group descriptors apply then I'd say your chances will be extremely low of success, conversely if you have a specialist saying in report that your health has changed recently and they feel x,y,z are true because a,b,c is now the medical reality then you'd have a good chance if x,y,z are support group descriptors or special circumstances relating to support group qualification.

Regarding general success I've not seen any data and I suspect supercession requests regarding ESA are quite low in number due to the frequency of re-assessment. Clearly a lot of people ar enow looking at the possibility because of the new 365 days CB ESA rule but I get the impression many such people are doing so without a focus on the descriptors which ultimately will be key.

rogerblack

In addition, there is a further problem.

If you do not claim that there is a deterioration or new condition, there is no automatic right to just have them re-look at your case again because you're now unhappy with the decision.

It's only in the case that the decision was made within 28 days that there is an automatic right to challenge the decision, any longer than that, and you may be treated as having made a 'late appeal' against the decision to put you in the work-related, not support group.

A late appeal may well not be granted - if you were competent and able to challenge the decision at the time, and just diddn't because you weren't bothered about the extra money.

Folar

My MP is helping me with a supersession that has been on going from January. I say ongoing but what I should say is that is when I raised the issue with DWP but to date have had no reply to the various letters and reports I have sent them, hence the reason I got my MP involved.

It was my Pain Consultant who suggested that I ask for the supersession mainly due to my incontinence, however on looking through the descriptors my Pain Consultant and I found that there were 3 which were appropriate to my condition.

You really do need to make sure you are fully aware of the circumstances surrounding a supersession and make yourself familiar with the descriptors for Support Group.

My MP has just pointed out that I am also entitled to an extra payment via ESA due to being in the higher care of DLA group. So he has certainly been very helpful to me.

I imagine there will be a fair few people who will use this as a way to continue getting ESA so I expect this could take a while to sort.

ankspon

I have been diagnosed with 3 other med problems since my last medical,i never knew about the descriptors but i cannot walk more than 50mtr without severe pain and discomfort,infact i do not even try to anymore

rogerblack

ankspon wrote: »

I have been diagnosed with 3 other med problems since my last medical,i never knew about the descriptors but i cannot walk more than 50mtr without severe pain and discomfort,infact i do not even try to anymore

That may not be enough.
You need to also be unable to use a wheelchair to move 50m.

For the list - see http://www.dwp.gov.uk/docs/m-06-11.pdf

schrodie

rogerblack wrote: »

That may not be enough.
You need to also be unable to use a wheelchair to move 50m.

For the list - see http://www.dwp.gov.uk/docs/m-06-11.pdf

Be warned that Atos "healthcare professionals" are now told that they can assess whether you can potentially use a manual wheelchair even if you don't normally use one. So even though you may not be able to walk > 50m if the Atos "healthcare professional" decides you can use a manual wheelchair to 'mobilise'
>50m you may not pass this activity.

This fact isn't made clear on the ESA50, quite the reverse in fact as it says "if you usually use one"

Also what isn't widely advertised (for obvious reasons) is the fact that you can now request that your WCA be recorded.

ankspon

The wheelchair i use is not propelled by me,due to my condition i cannot physically move it myself.

ankspon

Has nobody legally challenged the descriptors,surely there are people out there who are unfit for work and do not fit any of the descriptors

schrodie

ankspon wrote: »

Has nobody legally challenged the descriptors,surely there are people out there who are unfit for work and do not fit any of the descriptors

The whole point of these descriptors is to prevent as many people as possible from claiming ESA.