ESA Appeal

sueann

Hi I won my previous mandatory reconsideration to go back in support group with the decision maker saying that my condition had not changed so shouldn’t have been taken out of SG!
Recent assessment they stopped ESA completely just received MR decision and they’ve awarded it back but again not in SG so going to appeal!
Is the onus on the DWP at appeal to prove why, although my condition hasn’t changed they have decided to take me out of the support groups? I haven’t received the MR letter back yet - thanks 

Antonia_Alumni

Hi @sueann thank you for sharing this. Some of our members may be able to answer your question soon.

poppy123456

Hi,

No, the onus is on you to prove you still qualify for the Support Group. Descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

Reg 35 here. http://www.cpag.org.uk/content/making-exception

Good luck.

Benistmonk

I'm afraid it is up to you to prove the DWP does not know its posterior from its elbow. After saying you should be in SG, what excuse have they have given for saying you should not be in SG now? 

That's the question both them and you need to answer in your appeal.