ESA for constant pain

steveainscough

Hello,
Despite having a medical conditioned (confirmed by my specialist) I have been refused ESA based on lack of points. However I understand that a member used Case Law ESA GL V SSWP 503 which states that if you are in constant pain the mobility aspect is covered and 15 points is awarded.
Does anyone have any information on this?
Thank you,
Steve.

Chloe_Scope

Hi @steveainscough and a very warm welcome to the community! Unfortunately I don't know the answer to your question but I hope someone in the community will be able to help! In the meantime please do have a look around and  get involved with discussions

poppy123456

Hi,

15 points will get you into the WRAG, it won't get you into the Support Group. Support Group isn't about scoring points, it's about satisfying at least one of the descriptors.

See both group descriptors here.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

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

If you can't walk 50 metres without pain and discomfort then this is what you need to based your MR request on, but you'll need evidence to support your claim. They rarely contact anyone. You have 1 month to request the MR. Most MR decision remain the same so expect to have to take it to Tribunal.

If your MR fails and you take it to Tribunal then you can go back onto assessment rate for ESA with a fit note. However if you claim Universal Credit then you won't be able to go back onto ESA.

My advice, speak to your local CAB or the likes for some help with this process. Good luck.