DWP ASSESSMENT/ESA

Georgia63

Hello I'm receiving esa and I had to go for a work capability assessment. I just got a letter for an appointment with job center. It said we looked at the information you gave us as part of your assessment and it showed that I am able to do certain things to prepare for work in the future. I don't feel ready I suffer with chronic pain I have Lupus And Fibromyalgia and extreme fatigue. Some days I can't even move it's a struggle to do everyday things. I also have depression and I am on tablets. Will they stop my ESA benefit and send me to work. Can I appeal its really stressing me out. Any info will be great thank you

poppy123456

Hi,

Have you had the decision from the assessment yet? My guess is that you've been placed into the WRAG and not Support Group. Being placed into the WRAG means that they realise that you have a limited capability for work but need to attend appointments to prepare to go back to work, sometime in the future. If you don't attend that and future appointments you'll be sanctioned.

You can ask for a Mandatory Reconsideration (MR) and you have 1 month to do this. Take a look at the Support Group descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

To see which one if any applies to you. Being placed into this group isn't about scoring points, it's about satisfying at least one of the above descriptors. There's also reg 35 special circumstances, here. https://www.benefitsandwork.co.uk/news/2955-regulation-35-2-b-is-now-the-main-route-into-esa-support-group

If you're planning on asking for the MR you'll need to put this request in writing stating what you disagree with and why you think you should be placed into the Support Group. Be aware that you could lose everything you already have but mostly the MR decisions remain the same. You most likely have to take it to Tribunal. Be sure to take a look at the descriptors before deciding your next step. If none of them apply to you then there would be no point in the MR then Tribunal. Good luck.

gnmeads

Hi Georgia63 and welcome to the Scope community, sorry to hear about your problems with ESA. Unless they have said they are going to stop your ESA then it's very unlikely they will. I wouldn't worry to much about what the letter says. With a lot of these letters you just have to read between the lines, concentrate on just getting to the appointment at the job centre . Give the ESA help line a call (I've found there a bit more helpful and understanding than most) follow link:https://www.gov.uk/contact-jobcentre-plus/existing-benefit-claims