Advice please on ESA result

always_broke1

I have long term health problems and left work during 2002 because of it. Two years ago I had a disabled extension added to my home and various family members give me assistance.

I have been claiming D.L.A. and Incapacity benefits and been changed now to ESA Wrag group. I did not have a medical because they cancelled the appointment due to further medical information from my doctor.

I telephoned the ESA office and was told it was good that I did not have to take a medical because there was enough information on my ESA50 form and own doctors report.

I asked for a statement of reasons as I wanted to appeal as I am not well enough to work. The advisor told me that it was up to me but the next review date was in two years time and me money was only a bit lower than what I had been receiving.

She also said that someone could attend the Job centre interviews with me if I needed help and they couldn't make me take a job if I wasn't able to. But if I wanted to appeal it was up to me but to be aware that appeals are taking months to come through. It is also taking weeks to receive the Statement of reasons and would have to place an appeal on the GL24 and then send in a further letter if I did not agree with any thing on the statement.

If I ask for a reconsideration and am not placed into the Support group can I appeal this decision or I am better asking for an appeal?

If I stay in the Wrag group where does this leave me after the next review date? The advisor told me I would have to fill in another ESA50 form. But do you go onto Job Seekers after?

What does it really mean if I stay in the Wrag group? I am afraid to rock the boat as I have been told the decision can be reversed not to receive the ESA at all.

Will staying in this group affect my D.L.A?


I agree that a system needs to weed out fraudsters but I am only in my thirties and it makes me feel sick every time I see a brown envelope. I feel as I have beg for the benefits and the stress makes me feel worse. If I was able to work I would.

Sorry for the ramble and poor grammar but the brain doesn't work the way it use to.

Thanks for any replies and advice would be grateful at least I.B. was straight forward.

HB58

If you appeal you case will be looked at and reconsidered by another decision maker, so I don't see much point in asking for a recon alone - to my mind, it just hold things up even further if you still want to appeal afterwards.

You have just one month to get your appeal request in, it is OK to say that you will provide more details after you have seen the statement of reasons.

While awaiting appeal you are still obliged to attend Work Focused Interviews if asked to do so. Some areas seem to postpone these until after the appeal result but others don't. Be aware that you can ask for these to be held over the phone (or even in your own home, although this is rare).

Be aware that asking for an appeal or recon could put your whole claim at risk, so you do need to feel that your ESA award is pretty secure before you go ahead.Have a look at the Support Group criteria and see how you think you match up to these. You can withdraw an appeal at any stage.

If you decided to leave things as they are, you would be entitled to contributary ESA for just one year, then you would be assessed for income - related ESA. There is no time limit for people in the Support Group. If you are still getting ESA in 2 years time (ie, you are either getting income-related ESA in WRAG or are in the Support Group), the whole reassessment process will start again. Be warned though that it is not unusual for people to get another ESA50 shortly after a tribunal has put them into the Support Group!

I have heard of people who have had their DLA reassessed because a finding at the ESA medical goes against what was said on the DLA claim form. This only happens in the areas where the 2 benefits overlap (such as mobility).