If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.
Find out how to let us know if you're concerned about another member's safety.
Find out how to let us know if you're concerned about another member's safety.
Esa appeal
sueann
Community member Posts: 10 Listener
I claimed esa and was in the support group, this was stopped after assessment. I did a mandatory reconsideration and the ESA was reinstated but not in the support group. I was given esa with regulation 29.
My questions are if I go to appeal to be put back in the support group;
1) do I concentrate on reg 35 or also include the reasons why I feel I should have been given points in the first instance?
2) I know I will still receive esa but wanted to check it won’t be stopped when I start an appeal?
thanks
My questions are if I go to appeal to be put back in the support group;
1) do I concentrate on reg 35 or also include the reasons why I feel I should have been given points in the first instance?
2) I know I will still receive esa but wanted to check it won’t be stopped when I start an appeal?
thanks
Comments
-
It won't be stopped while you appeal to tribunal. If you first claimed before april 2017 you get the WRAG component of £29.05 as well as £73.10 basic.I would go through the descriptors and point out why you qualify for whichever ones apply to you. You can see them here along with regulation 35 https://drive.google.com/open?id=0B40tiBNJjL5Xdi01TFN2anZkUFUYou can also argue, if that's the case, that complying with WRAG meetings, courses and so on would be severely damaging to your health and thus you meet Reg. 35.
-
Hi @sueann thank you for sharing this with us. There's some information from the Citizen Advice website on Your money and benefits during an ESA reconsideration , i'll tag in @BenefitsTrainingCo regarding your first question.
-
Hi sueann,
Your ESA won’t be stopped when you appeal but bear in mind the outcome at the hearing could be to put you in the support group, keep you where you are or remove entitlement altogether. It is a completely fresh look at your claim.
It’s therefore best to cover all bases. See if you can identify a descriptor that applies to you that would qualify you for the support group. As well as that you could argue Reg 35 if there was a substantial risk to you if you had to undertake work related activity. It would be helpful if you could get medical letters of support from your GP or a consultant.
Regards,
MichaelThe Benefits Training Co:
Brightness
Categories
- All Categories
- 13.3K Start here and say hello!
- 7K Coffee lounge
- 101 Games lounge
- 483 Cost of living
- 4.6K Disability rights and campaigning
- 1.9K Research and opportunities
- 230 Community updates
- 9.6K Talk about your situation
- 2.1K Children, parents, and families
- 1.6K Work and employment
- 807 Education
- 1.7K Housing and independent living
- 1.4K Aids, adaptations, and equipment
- 666 Dating, sex, and relationships
- 374 Exercise and accessible facilities
- 845 Transport and travel
- 32K Talk about money
- 4.6K Benefits and financial support
- 5.2K Employment and Support Allowance (ESA)
- 17.2K PIP, DLA, and AA
- 5K Universal Credit (UC)
- 6.4K Talk about your impairment
- 1.8K Cerebral palsy
- 886 Chronic pain and pain management
- 183 Physical and neurological impairments
- 1.1K Autism and neurodiversity
- 1.3K Mental health and wellbeing
- 328 Sensory impairments
- 832 Rare, invisible, and undiagnosed conditions
Complete our feedback form and tell us how we can make the community better.
Do you need advice on your energy costs?
Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.