ESA work group/support group issues

SteveHart

Hi, I suffer with refractory chronic daily migraines and I was on ESA for 12 months up until the end of July 2021. My ESA payments stopped and I had a telephone health assessment in October 2021. I scored 9 points for some physical issues I have but they did not take into account my migraines. I did a mandatory reconsideration and it was turned down. When I appealed the decision was overturned and I was placed back into the ESA work group. I was told I would be getting back payments etc. by the assessor. I have just received a letter from DWP stating that I am in the work group but no back payments are made as I have already been on ESA for 12 months. I can appeal again and I am trying to get placed into the ESA support group as I have submitted 8 consultants letters and other supporting information. In the current letter they explain I am in the work group as I may be able to work in the future. I have tried every medication available, including some experimental ones, and nothing prevents my daily attacks. I had to stop work due to this. I know from online support groups that many people with less severe migraines are placed in the support group. How can I hope to win another appeal as they just don't seem to listen or take into account my supporting information?

poppy123456

When you say appeal, do you mean MR or Tribunal? If you've already taken it to Tribunal then you can only appeal the decision on error of law. To find this error you first need to request the Statement of Reasons and Record of Proceedings within 1 month of the Tribunal decision. Once you receive this you'll need to find someone to take a look to find that error. You can't just appeal because you think the decision is wrong.

Have you also had a look at the Support Group descriptors to see which ones apply, if any? It's not awarded based on any diagnosis, so i'm unsure how you can you compare someone else to yourself because we are all affected differently by these conditions.

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

SteveHart

Thanks or your reply poppy123456. The appeal is an MR. I know everyone is different, but I have been in contact with four people who are in the support group, who on their own admission, say they are not as badly affected as I am. The DWP assessor I have spoken to just does not want to take into account any neurological conditions and keeps referring the the 9 points I scored for my physical problems. The physical issues will eventually resolve themselves with surgery hopefully, but my chronic daily migraines seem to be almost unmanageable. As I said, I have submitted 8 consultants reports, doctors letters and over a years worth of migraine diaries that clearly show I only have between 3 and 5 migraine free days a month. I am at my wits end to get them to understand that I struggle virtually every day with this and how debilitating it is.

calcotti

As I understand it the tribunal outcome was to place you in WRAG. The decision not to pay you ESA beyond 12 months is correct because that is what the law says. As explained by poppy, you cannot challenge the tribunal decision unless there is an error of law and to identify this you need to request the State of Reasons within one month.

Have you checked to see whether you have any entitlement to UC?

SteveHart

Hi calcotti, I have not been to tribunal yet, it was a mandatory reconsideration. My latest letter says I can have another MR.

poppy123456

Once you've done the MR and had a decision your next step is Tribunal. Not sure why the MR decision letter says you can request another MR.

calcotti

SteveHart said:

Hi calcotti, I have not been to tribunal yet, it was a mandatory reconsideration. 

Apologies. I interpreted this

SteveHart said:

I did a mandatory reconsideration and it was turned down. When I appealed the decision was overturned and I was placed back into the ESA work group. 

..to mean that you had an MR which was refused and that you then went to tribunal at which you were placed in the WRAG. I now don’t understand the sequence of events.

calcotti

poppy123456 said:

Not sure why the MR decision letter says you can request another MR.

I think this may mean they can request an MR of the decision to stop the ESA. But of course there is no point in doing that as the decision is correct because OP is not in the Support Group.

poppy123456

calcotti said:

poppy123456 said:

Not sure why the MR decision letter says you can request another MR.

I think this may mean they can request an MR of the decision to stop the ESA. But of course there is no point in doing that as the decision is correct because OP is not in the Support Group.

Yes indeed, that would make sense. Unfortunately, not because the law can't be changed.

I must admit i edited my first comment because i thought i read it wrong so it wasn't clear what the OP meant.