Challenging a decision not to be placed within the severe conditions criteria

keira

A friend has just had an ESA reassessment and been placed back in the support group (length unknown).However, they feel they should have been placed within the severe conditions criteria with future reassessments switched off. How do they go about disputing this and what evidence is needed?

poppy123456

They need to ask for a MR but before doing this then i'd advise them to seek further advice regarding this because the criteria for ESA with no further reviews is very specific. ESA awards letter never state time scales, for this they will need to ring ESA and ask.

keira

Thanks for the reply. Are you sure they ask for a MR as I think I read somewhere that MR'S/Appeals do not apply in these cases?

poppy123456

Yes but you don't agree with the decision that you haven't been given the indefinite award for ESA.

keira

Thanks @poppy123456 for that. Could you please advise where you obtained this information from and provide a link. It would be much appreciated.

poppy123456

No, i can't provide a link but it's standard procedure that if you don't agree with a decision that's been made you need to ask for the MR. What makes you think that MR's and Tribunals don't apply here? You don't agree with the decision so you challenge it and the MR is the first step.

keira

I should add that my friend asked on their ESA50 to be placed within the severe conditions criteria but this seems to have fallen on deaf ears. Also, their reassessment was paper based.

keira

@mikehughescq, thanks for providing that information. This is what I have been trying to ascertain, that MR's and Appeals are not applicable when trying to be placed in the severe conditions criteria?

keira

Q: How can I dispute a decision not to be placed within the severe conditions criteria?

The severe conditions criteria sits alongside the current re-referral periods of 3,1,2,18,24 or 36 months, and comes within the Secretary of State’s discretion as to how often the DWP should review a claim or ask for further information, to which there is no right of appeal. 

We can of course look again at any claim where asked by a claimant who feels it has not been processed correctly. However this would not be by the formal Mandatory Reconsideration process and would not carry the right of appeal.

Mike, can you explain how I should interpret the above extract please as I am having trouble making sense of this? Thanks.

Government_needs_reform

keira said:

A friend has just had an ESA reassessment and been placed back in the support group (length unknown).However, they feel they should have been placed within the severe conditions criteria with future reassessments switched off. How do they go about disputing this and what evidence is needed?

@keira
Also to add to this topic. This is never a true objective which this Government will do or ever follow.

A Feeedom of imformation request which was asked, pay close attention to question 2. And the DWP response to it... Smokescreens and mirrors I think?

2) Could you please state how many ESA Claimants are now exempt from repeat assessments ( to the last available set of figures)

DWP Response:

I apologise for the delay in responding.

1) DWP Severe Conditions criteria is designed to establish if the condition and its effects on the individual would limit their ability to undertake work related activity and whether this situation is unlikely to improve. Due to the variation in severity

of most health conditions no health condition automatically qualifies and each case is assessed upon its own merits.

2&3) DWP does not currently hold the information you have requested. DWP does not have a specific identifier for those placed in the Severe Condition criteria.



See the full info here below regarding all the above, I know that many are or never will be put into this group...

https://www.whatdotheyknow.com/request/492789/response/1221441/attach/3/FOI%202916.pdf?cookie_passthrough=1

keira

Username_removed said:

I’m not sure where you get that idea from. The decision that the criteria do or ring apply is part of the entitlement decision. That is open to an MR and appeal. It dies mean the whole entitlement is at stake but that’s not the same as it being under threat. Face to face advice on both aspects and the real risk is what’s needed.

Can you please explain this a bit more. How can something be at stake but not the same as being under threat?

keira

@Username_removed. Thank you for your reply. 

Do you know whether the DWP includes in their decision letters that a person qualifies the severe conditions. My friend just received a letter saying they were in the support group, so I was just wondering if it would have also stated this. Thanks.

Government_needs_reform

keira said:

@Username_removed. Thank you for your reply. 

Do you know whether the DWP includes in their decision letters that a person qualifies the severe conditions. My friend just received a letter saying they were in the support group, so I was just wondering if it would have also stated this. Thanks.

@keira it will state on the decision letter from the DWP stating that your exempt from further reviews.

But as I've said above it's very rare. Read my post above I've posted in your thread....