ESA Support Group

Spoonhead88

Hello,

I'm just looking for some advice, back on the 24/07 i had my face to face assessment. I know there isn't a definite timescale for when i would receive a letter with the decison. It's been a couple of weeks so I thought I would give them a call and see if they could let me know an idea of how long it will be. The guy i spoke to on the phone told me that the decision was made today 04/08 and that i have been placed in the support group.

My question is when will my payment reflect this? My next one is on Monday.

How does the backdating work? My claim started on the 31 of march (i asked the guy on the phone for this) so that would put me at 18 weeks. As the assessment period is 13 weeks does that mean i will be getting 5 weeks worth of the difference? will the backdating also include the enhanced disability premium?


Thanks for all the help.

densol_2

As soon as they make the decision, they produce the letter then they send on the payment. I got my payment ( back pay ) in my bank before I even got my letter - it was very quick. Its good you got support group

Spoonhead88

densol wrote: »

As soon as they make the decision, they produce the letter then they send on the payment. I got my payment ( back pay ) in my bank before I even got my letter - it was very quick. Its good you got support group

Thank you kindly, though i would prefer to be healthy enough to work

nannytone_2

main phase strats at the beginning of the 14th week, so you would be due 4 weks backpay and not 5.

glad you got a good result

TELLIT01

Spoonhead88 wrote: »

Thank you kindly, though i would prefer to be healthy enough to work

Maybe that will happen over time. It's good to see somebody declaring that attitude as far too many seem to see a life on benefits as a 'career choice'!

Added 5/8. Just re-read my comment above and want to stress that it is not aimed at any of the contributors to this forum. Sadly I came across many who did fit the description when working on benefit processing.

densol_2

Spoonhead88 wrote: »

Thank you kindly, though i would prefer to be healthy enough to work

Try not to worry. I worked for 32 years then had a breakdown. You never know whats round the corner. This will give you respite to recover, pay the bills and then when you are ready get back to work.

Suzywong53

I have been on Esa work related activity group for about 2 years now. Every time I had to go and see my adviser at the job center he said to me - Imthink they have put you in the wrong group, you should be in the support group! I wrote to them and they receive my request to be considered to move to support group April 3rd 2016. i was asked to go for a medical June 3rd 2016. i just heard yesterday by phone my request was rejected! The guy said I could ask them to look at the decision again so I said yes please I do want them to. i received a call today telling me they will look at it again but it will mean the same decision!! Maybe I should get more medical evidence!!
I am not sure what more I can do as I have 40% burns, multiple amputation of fingers which mean none of my fingers are full fingers - most not even half, they only bend from the knuckle joint on my palm. I don't have a little finger at all on left hand, no finger nails. I have no manual dexterity to tap away on a keyboard, I just use my two thumbs! My skin is thin due to burns from a gas explosion (22 years ago now) on blood thinners so if I knock my hands on anything my skin breaks and bleeds very easily indeed. I have extreme difficulty going outdoors in the sun and also the cold because my skin is so thin. i also have anticardioliplin syndrome which causes me to have blood clots going up to my left eye and makes me blind from time to time in my left eye ( that's why I take blood thinners).

Anyone got any ideas what I can do please?

Icequeen99

Suzywong53 wrote: »

I have been on Esa work related activity group for about 2 years now. Every time I had to go and see my adviser at the job center he said to me - Imthink they have put you in the wrong group, you should be in the support group! I wrote to them and they receive my request to be considered to move to support group April 3rd 2016. i was asked to go for a medical June 3rd 2016. i just heard yesterday by phone my request was rejected! The guy said I could ask them to look at the decision again so I said yes please I do want them to. i received a call today telling me they will look at it again but it will mean the same decision!! Maybe I should get more medical evidence!!
I am not sure what more I can do as I have 40% burns, multiple amputation of fingers which mean none of my fingers are full fingers - most not even half, they only bend from the knuckle joint on my palm. I don't have a little finger at all on left hand, no finger nails. I have no manual dexterity to tap away on a keyboard, I just use my two thumbs! My skin is thin due to burns from a gas explosion (22 years ago now) on blood thinners so if I knock my hands on anything my skin breaks and bleeds very easily indeed. I have extreme difficulty going outdoors in the sun and also the cold because my skin is so thin. i also have anticardioliplin syndrome which causes me to have blood clots going up to my left eye and makes me blind from time to time in my left eye ( that's why I take blood thinners).

Anyone got any ideas what I can do please?

Have you tried getting someone to represent you - they can write letters and represent you at appeal. I think this is a case worthy f taking to Tribunal. Seeing you in person might help.

Some Citizens Advice do appeal representation or maybe your Local Authority welfare rights unit.

IQ

pmlindyloo

I think you might get more responses if you began your own thread.

Click on the Benefits and Tax Credits forum and then click on the blue box - New Thread.

I am presuming that you were trying to meet the descriptor for Manual Dexterity for the Support Group.

I am wondering since you had a face to face medical that they believed that you did not meet this descriptor because you could use your thumbs. Sorry, I do not mean to make light of your condition (s) but am trying to work out why you were refused. You can ask for the statement of reasons and see what was said.

If your decision is not changed at Mandatory Reconsideration (which you have just asked for) then when you get the written decision you have one month to appeal it.

Get some help for this - from CAB or a welfare specialist.

Depending on what reasons were given for failing to meet the manual dexterity descriptor then you could appeal their reasoning, backed up by medical evidence, or you could try to get into the Support Group through special circumstances which means working would pose a substantial risk to you as regards your health (using your other conditions)

http://www.cpag.org.uk/content/making-exception

Have a read of the link. It is possible that reg 29 or reg 35 could apply but be guided by CAB or a welfare adviser.

Alice_Holt

To get into the Support Group Regulation 35 is relevant (Reg 29 applies to the WRAG - in which the poster is currently placed).

The Support Group descriptor for manual dexerity is:
Cannot either: (i) press a button, such as a telephone keypad or; (ii) turn the pages of a book with either hand. 15 points.

OP - The tribunal should consider if this is an activity you can do repeatedly and reliably. They should also take into account caselaw in which it was establshed that:
"The proper approach to the descriptor is to follow a similar approach to that set out by the House of Lords in Moyna. It is to take a broad view and exercise a reasonable judgement as to whether the claimant satisfies the descriptor."

Caselaw comes from:
CSE/121/2010 [2010] UKUT 245 (AAC) concerned manual dexterity descriptor 6(e) - Cannot physically use a conventional keyboard or mouse". Judge May considers that the approach taken in the key DLA decision Moyna v Secretary of State for Work and Pensions might be useful when analysing evidence.

Your argument to the Tribunal will centre on - is it reasonable that you could perform this descriptor safely, regularly, reliably and repeatedly?

I presume that to turn the pages of a book, you would need to use both thumbs (and therefore both hands). I wonder (but don't know), if the wording of the descriptor implies that this should be judged as an activity performed single handed (either left or right hand).
If you need 2 hands to turn the page in a book, then how practically do you hold the book?
I don't know if there is any caselaw relating to this.

If you can't get access to a CAB caseworker, ask the CAB adviser to contact their specialist support unit and ask for advice / legal precedents.

densol_2

Suzywong - I'm not able to assist much with the support group as you have some good advice about ..... But just a thought I had - I presume you get Indistrial Injury disability benefit for a work place injury ?