ESA how tough is the support group?

abbashaz

Hi,

My mum gets PIP daily and enhanced mobility.

We went for our ESA assessment, however our assessor was probably one of the most ignorant and rude person I've ever come across.

I'm quite certain due to my mums medical report we would get the limited work capability part of ESA, however work for my mum would be unsafe, and she probably scores over 25-30 points.. but none of them being 15 in the scoring system,.

I am sure she most likely won't get the support group, is there anything I can do to appeal? and how successful are people with appealing.

Thanks.

Government_needs_reform

@abbashaz

Having PIP, won't get you into the ESA S Group as you will have to satisfy the discriptors for ESA Support group? It's not just down to any diagnosis but they help as this test is functional based and ESA is mobilising not like PIP as that is done on walking. 

I suffer with both and with my ESA have sent evidence from an assessment that I can no way I can walk or mobilise a wheelchair in any form and they've used that and decided I fit the Support Group and stated in the ESA85  deterioration in function noted, also I'm on PIP On-Going both Enhanced.

You got that right they are a law in themselves and your correct in your wording as they certainly can be (ignorant and rude) all you can do is hope you won't have to do a MR then appeal? You might be surprised and be OK.

One thing I've always done in my journey with them is supply updated functional information and I've made it quite clear what I've added even information I've added before, it's a shame you diden't get it recorded as I always advise this and they are less to lie and twist what you say.

This system is  definitely set to fail all of us.
Good luck.

CockneyRebel

Hi abbashaz and welcome

try the B&W WCA self assessment to get an idea of the requirements

 http://www.mybenefitsandwork.co.uk/med2/indexxx.php

CR

abbashaz

Hi,

I can most likely try and somehow explain the - repeatedly mobilize 50 meters within a reasonable timescale because of significant discomfort or exhaustion. 15 points. descriptor. 

"Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work. And the risk could not be reduced by a significant amount by reasonable adjustments being made in your workplace or by your taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you."

How seriously does the DWP take this descriptor as I can use various points to show/indicate this, should my MR be based around this or the first descriptor?

Thanks.

BenefitsTrainingCo

Hi abbashaz,

If you think your mom satisfies one (or more) of the support group descriptors, you should focus on those and explain them as clearly as you can.
Regulation 35 allows a claimant who hasn't met a support group descriptor to be put in the support group and that is the second part of your post. The DWP will say they consider this regulation but in my experience they very rarely apply it. However, you can often be successful at a tribunal using this regulation. You should focus on both ways as you may not get her in the support group under the descriptors but you may do so under regulation 35, and if you get her into one of the support group descriptors then you won't need to rely on regulation 35. All the best!

Thanks,
Lee

CockneyRebel

You need to show that you meet the descriptors to get the award. Do you have a copy of the assessment report ?
The descriptors are the "bible" of points

CR

Government_needs_reform

Abbashaz

If you feel you can explain and you can then it's worth doing it.

As for the descriptor. The DWP 

OK I can answer this regarding regarding my situation (substantial risk to the mental or physical health of any person, including you) I'am under Consultant Pysiciatrists for various mental health issues and have been for many years, as I have tried taking my life on many occasions and still do it, it's well documented and backed up what I've done, im ashamed of it because I know my kids suffer and hate me doing it so I try to hide it now.

I'm not good with strangers at all face to face as I have ASD autistic disorder from a young age and was abused for over 2 years and went to a special learning school. So all in all pretty messed up now and I just feel safe in my own home and I feel I can express my feelings online without seeing people also as I'm physically knackered as well I feel I'm more vunarable than before and feel a waste of space and yes it's hard to deal with all this **** from the DWP but they know full well I'm done and just say to them now do what you want because I'm past caring.

Please don't give in if you are seeing Consultants and feel or your like what I've mentioned above get them to do you a letter explaining your issues you face.