esa

Hello Angie

I am sorry to hear about the prolems you are facing with ESA.

In answer to your query, and as i was unsure what you have alredy done, i have written down what to do to challenge an ESA decision from the start. You must:

1.    Request a mandatory reconsideration.  This request must be made within 1 month of the date of the ESA decision.  For example, if you received the ESA decision on 26 October 2016 you must make the request by 29 November 2016. 

 It is best to put the request in writing stating that you want to ‘lodge a mandatory reconsideration against the decision dated ….  that placed me in the work related group.’

 2.       If the mandatory reconsideration decision does not change the decision and you are still in the work related group then the next stage is to lodge an appeal. Your appeal needs to be lodged with the tribunal service within 1 month of the date of the ESA mandatory reconsideration decision.  The appeal should be on the correct form, an SSCS1 form and you must attach a copy of the mandatory reconsideration decision.

 link to print off form: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=3038  )

 For both the Mandatory Reconsideration or appeal you will have to explain why you should be placed in the support group.  To be placed in the support group you have to show that you fit into certain descriptors.  I would advise you to contact one of the advisers at Scope to discuss these descriptors.  This is also important as when you challenge a benefit decision by either a Mandatory Reconsideration or appeal the whole award can be looked at. That is, it is open to ESA or a tribunal to question whether you should be entitled to any award of benefit at all.

Good luck

Maria