Advice please.

aebaa5

My daughter is on working group esa and I've been advised to write them a letter detailing the deterioration of her condition.

Do I use their descriptors to explain or is it better just to leave those out and explain in my own words?

While speaking to the advisor she suggested she should have been in the support group anyway!!!!! 

Thanks in advance
Esther 

poppy123456

Hi,

Has she put in for a worsening condition and been sent another ESA50 form or is she requesting a Mandatory Reconsideration on a recent decision?

aebaa5

Hi 

They just sent an envelope with the address on and said to write to them, no other forms????

poppy123456

I'm confused why they did that to be honest.

Anyway, you need to look at the descriptors and reg 35 to see which ones apply. Once you've decide which of them apply then write your letter based on that and your reasons why she should be placed in the group. Tell them exactly how her conditions affect her. Don't leave anything out. Descriptors are here. For the Support Group then she must satisfy at least one of the the majority of the time.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

If none of those apply then look at reg 35  (substantial risk) here. http://www.cpag.org.uk/content/making-exception

aebaa5

Thank you very much.

When I've done a self test for her she has scored 93 points would that put her in support group (sorry I'm new to all these new benefits) 

poppy123456

You're welcome. Being placed into the Support Group isn't about scoring points. It's about satisfying at least one of the support group descriptors the majority of the time.

aebaa5

Oh ok

 thank you again

poppy123456

You're welcome. Looking at your previous thread on here i see that a decision was made last August to place her into the WRAG. Did you get some face to face advice like advised?

I'm still not sure why they sent the envelope to ask you to write a letter. Did they mention requesting the Mandatory Reconsideration on that decision? You do have 13 months to request this with good reason. If that fails and the decision remains the same then it will be Tribunal for your next step.

I would still definitely recommend you get some expert advice here. It's extremely difficult to give advice like this on an internet forum because no one knows how her conditions affect her. This link will help you find what's available in her area for advice.

https://advicelocal.uk/

I would also advise you to send evidence when you write that letter.

aebaa5

Thank you.

We went to CAB who said there's nothing they can do as she couldn't remember when she first was awarded it. They said to apply for pip. She was placed in the working group in July so should I do a MR instead. I was going to do her letter and ask CAB to check over it before I send it. 
I've self referred her to drug and alcohol team under the guidance of the GP but that may take 6 weeks for an appointment! I've also self refered her to talking matters for hopefully CBT but again I'm waiting for an appointment. The gp would like to refer her to the adult mental health team but due to the cannabis they won't she her yet!! I've also sent off for a social care need assessment as she triggers a lot of their descriptors for help. 

poppy123456

Most likely the best thing to do is request the MR and state that in the letter. Future appointments letters aren't classed as evidence but any other evidence she has should be sent with the letter. Good luck.