Should i close my ESA claim?

manhattan

Hi,
I where can i find the support group descriptors? I was in the support group before being placed back into the work group. I appealed right to the top level but was rejected.

No new ESA50 was sent out and it seems they are avoiding sending me out another form.

Its also funny that when i was being paid, they were trying to help me with regular visits to them, but since they are only paying my stamp they 'drop you'... Strange that.

I have checked entitled to and tbh, its a couple of pounds and not worth the hassle of claiming for. (The least benefits claimed the better imo)

Myself and my doctor know i should be in the support group and i know its all about government figures and cost cutting which is stopping genuine claims going through.

pmlindyloo

Sorry, meant to include them in my last link!

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

manhattan

Thanks.
After reading through the list, i am valid for the support group on two of the descriptions listed.

Now i have already had my appeal rejected, so does that mean i will not be able to move to the support group?

Who would i contact to ask to be moved into the support group again?

rogerblack

manhattan wrote: »

Now i have already had my appeal rejected, so does that mean i will not be able to move to the support group? ?

What do you mean by this?
Exactly what's happened?

manhattan

I appealed against being put into the WRG, it was rejected.

My condition has worsened since and i meet the criteria of the SG.

pmlindyloo

manhattan wrote: »

I appealed against being put into the WRG, it was rejected.

My condition has worsened since and i meet the criteria of the SG.

This is extremely complicated.

Have been reading this link

http://www.rightsnet.org.uk/forums/viewthread/6028/

about a sort of similar case and the answers are variable (from welfare advisers too!) as to how you proceed now.

Since you seem to have had pretty awful experiences I can only suggest that you try a large CAB with a benefits specialist who would be prepared to take on your case.

Since it is complicated then it would be a good idea to make a time line of what happened and when, plus, of course, take all your paperwork with you.

If you can get someone else to take on your case then at least you won't have to face as much hassle and under the current situation you really have nothing to lose

manhattan

Thank you.
I will contact the local CAB

Indie_Kid

Do you have any evidence to state the descriptors you meet for SG? You only need to meet one; but it's a good idea to have as much information as possible for all the SG descriptors you meet.

manhattan

Yes i have some evidence that i am going to post to them

epitome

Ok lets start from the beginning, please confirm the following as I see it.

You came onto ESA Conts at some point in the distant past you qualified for payment of ESA Conts and were put into the Support Group.

You were reassessed and put into the WRAG, after 1 year your payments stopped, but you appealed the WRAG for the SG.

You went to a tribunal hearing and still lost the SG, but you retained the WRAG, and are to this day still in the WRAG.

Your claim has never been closed since you started it...

If all of that is correct:
When did your ESA start?
Were you migrated from IB?
Have you earned any money in 11/12, 12/13 or 13/14 tax years?
When was your tribunal hearing?

If it was less than a month ago you can appeal to the upper tribunal if you can find a legal point that you think the lower court got wrong, you would need specialist legal advice to go down this route.

OR if you think you qualify now for the SG you can write a letter to DWP asking for a supersession because you think you should now qualify for SG, explain your health conditions and which SG descriptor you feel you qualify under (and from what date you feel you qualify) and if you can include a doctors letter which backs you up. The DWP will then reassess you from your date or from atleast the date they receive your letter. You may be referred to ATOS and have to wait many months for a decision.