Dwp ESA reassessment results letter

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tomkitten68
tomkitten68 Posts: 25 Forumite
in Benefits & tax credits
Hi there

Put post on Employment which was wrong board apparently.
Basically, got letter from DWP ESA reassessment putting me yet again work related group.
I have CFS and muscle joint pain and depression.
Should I ask for written statement of reasons for their decision ??
Would there be any point in appealing?
Thanks
«1

Comments

  • calcotti
    calcotti Posts: 15,696 Forumite
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    You need to request a Mandatory Reconsideration https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    If you can provide more evidence to support the request do so.

    Unfortunately the majority of decisions are not changed at this stage - but some are.

    After the MR, if DWP have not changed decision, you can appeal to the tribunal service and a tribunal headed by a judge will make a decision in place of the DWP.
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    [QUOTE=tomkitten68;75045854
    Should I ask for written statement of reasons for their decision ??
    Would there be any point in appealing?
    Thanks[/QUOTE]
    No, it's the assessment report you need to ask for at this stage.



    You say yet again in the WRAG? were you previously in this group? Have you been in the Support Group previously to this?


    It's only worth asking for a MR if you qualify for the Support Group.

    Support Group descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors


    Reg 35 explained here.
    http://www.cpag.org.uk/content/making-exception
  • calcotti
    calcotti Posts: 15,696 Forumite
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    Poppy is right, there is little point in challenging the decision if you have no prospect of success.

    When I said "You need to request a Mandatory Reconsideration" I should have prefaced it by "If you wish to challenge the decision . . "
    Information I post is for England unless otherwise stated. Some rules may be different in other parts of UK.
  • TELLIT01
    TELLIT01 Posts: 16,489 Forumite
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    As you were previously placed in the WRAG, you would need to show that your condition had considerably worsened to have any real likelihood of overturning the decision. The link poppy12345 provided gives detail of the requirements to qualify for the Support Group.
  • tazwhoever
    tazwhoever Posts: 1,326 Forumite
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    Another question I need an answer to, I have few conditions but the symptoms are bad but I have to take them. Do the symptoms count at the tribunal?

    Thanks
  • poppy12345
    poppy12345 Posts: 17,963 Forumite
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    tazwhoever wrote: »
    Another question I need an answer to, I have few conditions but the symptoms are bad but I have to take them. Do the symptoms count at the tribunal?

    Thanks
    Not sure what you mean by this. You have a representative from Welfare Rights and i'm sure this person has represented many many people for ESA and PIP, you have the best chance. You're better off letting them deal with it because that's the reason you have the rep.
  • tomkitten68
    tomkitten68 Posts: 25 Forumite
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    Thank you for all the replies to my post - although my condition is not any better and my muscle/joint pain is worsening, I'm gathering from the comments above, that it would not be deemed significant enough to ask for an overturning of their decision.

    Can I ask for statement of reasons anyway?
  • tomkitten68
    tomkitten68 Posts: 25 Forumite
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    Forgot to put, I have, so far, always been placed in the WRAG group.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
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    You need to ask for the assessment report. Didn't you get one with your decision letter setting out how you scored the 15 points to get in the WRAG?

    I think TELLIT01 might have confused you by talking about your conditions getting worse.

    There are only two ways to get into the support group - 1) you meet a support group descriptor OR 2) you meet regulation 35.

    Poppy12345's post 3 gives a link for both of these. Click on the link and see if you meet one of the support group descriptor and then click on the link to see if you meet regulation 35.

    If you are still unsure then make an appointment at CAB and take your decision letter and medical evidence and ask them whether you stand a good chance at appeal. They can help you do the appeal.

    Remember you only have a month from the date of the decision to start your appeal.
  • $izzle$
    $izzle$ Posts: 33 Forumite
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    If YOU feel you should be entitled to the support group because of your health problems, then you should always take it all the way through to appeal.
    Too many people feel it is a waste of time challenging these decisions, but if you are really suffering and your medical records are up to date and show you are asking for help for your condition then you have nothing to lose by seeing it through.
    Having recently had DWP back down when refusing me high rate mobility PIP when even the ATOS assessor said I was entitled to it, made me think that the decision makers don’t read every bit of information before making their decision and end up having to reassess cases further down the line.
    So don’t be disheartened, just challenge them if you feel their decision is wrong.
    You know how your condition affects you 24/7, make sure you use these forums to help you.
    There are a lot of people here, all having different experiences so see what is available.
    Good luck.

    $izzle$
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