Employment and Support Allowance (ESA)
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Challenging a decision not to be placed within the severe conditions criteria

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?

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    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.
  • keirakeira Member Posts: 136 Courageous
    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?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes but you don't agree with the decision that you haven't been given the indefinite award for ESA.
    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.
  • keirakeira Member Posts: 136 Courageous
    Thanks @poppy123456 for that. Could you please advise where you obtained this information from and provide a link. It would be much appreciated.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    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.
  • keirakeira Member Posts: 136 Courageous
    edited September 2018
    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.
  • keirakeira Member Posts: 136 Courageous
    @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?
  • mikehughescqmikehughescq Member Posts: 5,977 Disability Gamechanger
    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.
  • keirakeira Member Posts: 136 Courageous
    edited September 2018
    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_reformGovernment_needs_reform Member Posts: 858 Pioneering
    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
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


  • mikehughescqmikehughescq Member Posts: 5,977 Disability Gamechanger
    keira said:
    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.

    They’re talking nonsense and will back down if you do an MR.
  • keirakeira Member Posts: 136 Courageous
    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?
  • mikehughescqmikehughescq Member Posts: 5,977 Disability Gamechanger
    If you ask them to look again at an entitlement decision then you’re asking them to look at everything from scratch. Therefore everything is at stake. You can’t just say don’t look at my points but please look at whether I qualify for the severe conditions. The latter is what you ask for in the MR bit they can look at everything. Therefore everything is at stake. It does not automatically mean that your points will reduce bit that is the risk. That’s why you need face to face advice. It is at stake and you need a proper assessment of the risk.
  • keirakeira Member Posts: 136 Courageous
    @mikehughescq. 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_reformGovernment_needs_reform Member Posts: 858 Pioneering
    keira said:
    @mikehughescq. 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....
    ⬇️
    I created one of the campaign election videos for Labour, and Jeremy Corbyn,
    This is a new version of Emeli Sande, Hope "You Are Not Alone
    I highlighted everything that's wrong with this country from benefits, NHS, UC etc, but now we have to put up with the hate now that is the Tories. 

    You can see the video here.
    https://m.youtube.com/watch?v=P5o8hRHh9IY


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