Employment and Support Allowance (ESA)
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ESA benifit

Hi all I was getting ESA benefit until I had my work assessment which I failed saying I was fit to work  I've had 2 operations on my spine due to disc problems  I had another Mri scan in 2016 which showed I've got bulging Discs starting at T8-T12  and prolayped disc L5.S1 scan also shows arthritis I struggle every day to walk and have to take high doses of medication to try and control my pain my sleep pattern is all over the place I sleep more during the day my wife wrote a letter to dwp saying how badly I was treated at my assessment an ask for a mandatory reconsideration which I received a letter this morning saying that they haven't changed there mind has an body else on this site had same problems as me

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    It's not unusual for the MR decision to remain the same, less than 20% of decisions change at this stage. 

    Next step is the Tribunal and and you have 28 days to send the SSCS1 form to the Tribunal, make sure you send a copy of the MR decision letter with the form otherwise they will refuse your request.

    You need to take a look at the descriptors for both WRAG and Support Group to see which group you think you should be in and your reasons why. Did you send evidence to support your claim? They rarely contact anyone for this. Once the Tribunal have accepted your appeal you'll be able to go back onto assessment rate for ESA but fit notes will be needed. Are you claiming Income related or contribution based? CB is only payable for 365 days unless placed into the Support Group. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    It's not points it's meeting the discriptor for the support group. I no had lots of point but from different discriptors must get 15pts from one discriptor. Good luck
  • shamyshamy Member Posts: 8 Listener
    Hi poppy sent copys of mri scans showing what's going on with my spine and a letter from my GP stating what medication I'm on and I'm unfit to work and how I struggle from day to day but they have asked for more evidence to support my claim why don't they believe anything you tell them I've sent them everything I've got I feel like not bothering with them the pressure they put you under is terrible I've even told them why would I give up work to claim under £250 a month when I'm losing £1,300 a month when I was working I had to give up work because of my condition 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ESA is about the work you can do, rather than the work you can't do. They can sometimes ask GPs/Consultants for evidence, if they don't have enough to make a decision but this is rare. See the WRAG and Support Group descriptors in both links.


    Reg 29 and 35 explained here.



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • shamyshamy Member Posts: 8 Listener
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