Employment and Support Allowance (ESA)
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Moved from Support Group to Work Activity

tipsytipsy Member Posts: 2 Listener
i would like to know if anyone else who went for a esa assesement got put from the support group to the work activity group because the assessor told lies and gave false information?

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi @tipsy and welcome

    If you read through some of the post on here you will see that it is not that unusual. Internet forums are full of failed claims, the reality is that most claims are successful.
    You are probably aware that you now need to request an  MR and in all likelyhood a tribunal as the success rate at MR is around 18%  
    Be all you can be, make  every day count. Namaste
  • ollieanddukeollieandduke Member Posts: 165 Courageous
    My brother was in support group. He went for an assessment in a wheelchair as he cant walk more than 2 ft without aid. The assessor said he was seen walking more than 200 metres. Hes done a mr but still been taken off support group and told to apply universal credit. He went yesterday in a wheelchair to sign on to UC and the lady told him to reapply for esa. Trouble is hes had no money since 15th feb. Cant pay rent and council are threatening him with eviction. So hes told UC he will sign on and he says he hopes they dont ask him to work
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    My brother was in support group. He went for an assessment in a wheelchair as he cant walk more than 2 ft without aid. The assessor said he was seen walking more than 200 metres. Hes done a mr but still been taken off support group and told to apply universal credit. He went yesterday in a wheelchair to sign on to UC and the lady told him to reapply for esa. Trouble is hes had no money since 15th feb. Cant pay rent and council are threatening him with eviction. So hes told UC he will sign on and he says he hopes they dont ask him to work
    He can't re-apply for ESA because it no longer exists, all areas are now a full UC area.

    Has he requested a Mandatory Reconsideration? If he hasn't then that's his next step within 1 month from the date of the decision. If he applies for UC he won't ever be able to go back onto ESA.

    For his rent then he can contact his local council and fill out a nil income form, once this is done is housing benefit will continue.

    If he applies for UC then sending in a sick note doesn't entitle him to limited capability for work and he will be expected to do some work commitments, as part of his claimant commitment.

    If he decides to request the MR and that fails once the Tribunal accept his appeal he'll be able to go back onto assessment rate for ESA if he doesn't apply for UC.

    I'd advise him to speak to an advice centre near him for help and further advice.
    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.
  • ollieanddukeollieandduke Member Posts: 165 Courageous
    Hes been turned down by mr hes got no money and cant live on fresh air so he as no choice but to go on UC to live
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Most MR decisions remain the same. If he requests the Tribunal asap then when they accept the appeal he'll be able to go back onto assessment rate for ESA with a sick note from his GP, which will need to be back dated to the date he was found fit for work. He will then be paid all the back dated money to the date his ESA stopped.

    There's a 5-6 week wait for a first UC payment, so it may not make any difference whether he claims UC or not, although he can ask for an advance payment when he applies for UC but this will need to be re-paid back from future payments.
    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    His ESA will restart at the assessment rate when he appeals, if he claims UC, then he will lose ESA which is backdated. 
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