Employment and Support Allowance (ESA)
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ESA Mandatory Reconsideration

I am currently putting together a mandatory reconsideration for esa! I was claiming esa support group but after a recent assessment Esa was stopped completely although my condition has not changed.
I have done a mandatory reconsideration before when they took me out of support group and this was reinstated.
My question is because I am contesting entitlement to esa and support group do I cross reference from one to another if the points and descriptors are similar? Thank you

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    I'm not sure what you mean by this. There's only 1 set of support Group descriptors and it's not about scoring points. It's about satisfying at least one of them. Here https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

    You say your condition hasn't changed, do you know the reasons why you were previously placed into the group? If you do then you need to concentrate on that and why it applies to you.



    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.
  • sueannsueann Member Posts: 10 Listener
    I mean for example with regards to the ‘coping with change’ part for esa with points do I then use the same evidence etc for the support descriptor ‘coping with change’ ?
  • worried33worried33 Member Posts: 399 Pioneering
    Yes, as they the same thing except the SG descriptor is for higher severity.  But this is just my opinion I am not a benefits advisor.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    For the support group descriptor, it must apply to you the majority of the time. If they don't think it applies to you the majority of the time then you won't gain entry into the support group, it will be points for WRAG.
    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.
  • sueannsueann Member Posts: 10 Listener
    Thank you!
    The other thing I wanted to ask is when you do the MR do you just concentrate on the points and descriptors you were awarded last time?
    Or can you ask them to consider other descriptors/pound even if they hadn’t been awarded previously? Thanks 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, it's not about your last assessment. This was a new assessment so you need to concentrate on the reasons why you qualify now. Remember to be placed into the support group it's not about scoring points.
    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.
  • sueannsueann Member Posts: 10 Listener
    Thanks for reply. When I did the last mandatory reconsideration it was deemed that the decision maker erred in law because they ignored the decision to award a descriptor in the previous decision when there had been no changes! Thanks
  • sueannsueann Member Posts: 10 Listener
    Hi I was awarded esa again after mandatory reconsideration but not the support element!
    i was awarded esa with regulation 29. Seems that my evidence and explanation regarding the points for esa weren’t enough to make a decision, which is annoying. 
    If I went to appeal should I do it just for the support element or also for the points I feel I should have got (even though I have been given it via reg 29) anyway?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    sueann said:
    Hi I was awarded esa again after mandatory reconsideration but not the support element!
    i was awarded esa with regulation 29. Seems that my evidence and explanation regarding the points for esa weren’t enough to make a decision, which is annoying. 
    If I went to appeal should I do it just for the support element or also for the points I feel I should have got (even though I have been given it via reg 29) anyway?
    Support Group criteria isn't about scoring points, it's about satisfying one of the descriptors the majority of the time. Reg 35 for the Support Group but it has to be the majority of the time.

    If you decide to request the Tribunal you need to concentrate on the reasons why reg 35 applies the majority of the time. Face to face advice is needed and you should speak to an advice agency near you.
    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.
  • sueannsueann Member Posts: 10 Listener
    Hi I know support group is not about points but with regards to the points awarded just to get esa do I go over the reasons why I feel I should have been given points after assessment and mandatory reconsideration and not gone through with reg 29 or just forget about that and concentrate on reg 35 for support group ? They have ignored evidence etc 
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