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Need advice on ESA

Laura69

Just after a bit of advice, I applied for ESA and it took 2 years for them to send a f2f appointment, I scored 0 points for everything and the notes were full of lies, I sent off a MR and still 0 points so sent off appeal, at the tribunal the judge awarded me 15 points for mobility alone and said he would have given me more had there been a need to, when my letter of confirmation came the next day it said the judge had awarded me ESA with 15 points with the care component, the DWP were sent the exact same letter, I rang the job centre to ask what 'with the care component ' meant and they said it meant that I was awarded the support group, the letter also said that the judge did not recommend a review time limit, after stopped payments and many phone calls I was put in the working group! I would be a serious health hazard in any workplace and my doctor refused to write me a 'fit note' to say what I was able to do, I have written a detailed letter to the DWP about why I think I have been put in the wrong group but have had no reply, does anyone know what I can do next? Sorry for such a long letter!

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Comments

Chris_Alumni

Hi @laura69, welcome to the community, and sorry to hear you're having difficulties. I've moved your post to our benefits advisors' section as they may be able to offer you some advice.

BenefitsTrainingCo

Hi Laura,

Unfortunately, as you have probably gathered, there is no 'care component' in ESA, and as such, without having seen the papers, I would suspect that the DWP are within their rights to put you in the Work Related Activity Group, as 'Support Group' has not been specified.

HOWEVER, from what you have stated, it seems to me that there is at least a possibility that the Judge on the day has simply erred in failing to specify the correct group, as 'care component' simply doesn't mean anything to ESA. As such I would recommend writing to the Tribunals Service as soon as possible, requesting a Statement of Reasons for the decision, and explaining (as you have above) what it is you are seeking clarification on. The letter needs to enclose a copy of the decision notice you received, and if it is more than a month after the decision, needs an explanation about the delay. Be polite, as it's best to keep the Tribunals Service on side (as it sounds like they were).

Hope this helps.

Kind regards,

Mary

Laura69

I worded it wrong, it says on the letter 15 points with the support component, that's why I'm confused, surely they can't go against a judges ruling?