Dwp ESA reassessment results letter
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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.
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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.
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There is a real danger that it gives the DWP another change to revisit their decision.
The DWP can decide to keep the decision the same, increase it, or decrease / withdraw it.
At our CAB, we have seen instances of the DWP withdrawing an award on MR.
As poppy says it is pointless to appeal if the claimant does not meet the Support Group criteria.
I would only advise a SG appeal, if the evidence / case was strong, and it could not be regarded as without merit / vexatious by either the DWP or the Tribunal Service.
Appeals can also be very stressful for the claimant.
Your PIP appeal was unusual in that the DWP decision maker discounted points awarded by the HCP, in order to reduce the award from enhanced to standard.
With additional supporting evidence to confirm the HCP's assessment, such an appeal is usually very straightforward.
For most appeals it is much more finely balanced. I don't believe you can draw a parallel between your PIP appeal and appeals generally. Cases in which an award has been given need to be looked at individually, and assessed carefully against the criteria for an enhanced award - there can be a lot at stake.Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Yes sorry Poppy and Alice, thank you for pointing that out, I should made that clear myself.
I did mean, if the claimant actually identifies their disabilities with the descriptors for that particular benefit, I was assuming in this case that they felt they did ( as with my own case ) and in that situation you should fight the decision.
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pmlindyloo wrote: »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.
You could be right pmlindyloo. There certainly are illnesses/disabilities where a major deterioration in the condition can justify a move from WRAG to Support Group, but I would be surprised if the conditions from which the OP suffers would do that. I certainly don't wish to give them false hope. From their recent post it seems they have been placed in the WRAG on numerous occasions so it would seem likely it is the correct group, even if the OP doesn't want to be in that group.0 -
First ESA was sent letters 1, 2, 3 and posted in SG. Second ESA was sent letters 1, 2, 3 and 4 and posted in WRAG! There were no contradictions.
That's why I am fighting my case. One reason is Poppy said my current award without be affected. I also sorry this UC has hit my borough and I have children to feed and ourselves!0 -
tazwhoever wrote: »First ESA was sent letters 1, 2, 3 and posted in SG. Second ESA was sent letters 1, 2, 3 and 4 and posted in WRAG! There were no contradictions.
That's why I am fighting my case. One reason is Poppy said my current award without be affected. I also sorry this UC has hit my borough and I have children to feed and ourselves!
If the Tribunal plan on taking your award away they will either...warn you by writing to you before the hearing.
OR the Tribunal hearing will go ahead and then during the hearing they will give you their reasons and then warn you that they could remove your existing award, then they will adjourn your hearing for you to decide what you want to do.
I'm really confused about your situation because you have a rep to do all of this work for you, that's why people have a rep. I'm really surprised they haven't spoken to you about all of this and put you at ease, at least.0 -
Thanks Poppy, the rep is busy!
I remember on the other thread you said rep can't speak on my behalf. If my partner was to speak, permission has to given. One of my condition is epilepsy and I take strong medicine. I lose my senses, sorry!
Are there any websites about tribunals I could look at?
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thanks for reply pmlindyloo ...
Apologies for late acknowledgement, havn't got my own computer, didn't have enough credit on phone, so have to wait to come into the library to post on here!0
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