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Any benefits people able to help please ?

10 replies

gazillion · 30/08/2018 19:09

Please be gentle, I’m new and have had it up to here with health problems and struggling with DWP etc.
I had to stop working in Aug last year due to ortho problems, couldn’t function at work on the amount of Gabapentin I have to take. I have been on assessment rate ESA since then, so my year of contributions-based will end shortly. The obnoxious HCP at my WCA gave me 0 points in December 17, MR was the same, so I appealed. The hearing was today and I was told : ‘You are succesful’ and was given 6 points for Mobilising and 9 points for Standing & Sitting. No mention of Support Group, and it says ‘Gazillion is significantly limited’. I was told I don’t have to have another WCA for a year, but I don’t understand :

  • whether I’ll be able to carry on getting contributions-based ESA, if my year of this has run out, I won’t qualify for income-related due to DP’s earnings
  • am I in the Support Group ? I’m guessing not
  • will I get any backdated difference between the Assessment rate and my new rate due to the 15 points I was awarded I rang the DWP who were useless, the Appeals people were nice but couldn’t help. Stressed. Thanks for reading & any advice / experiences G Thanks to those who replied to this in AIBU
OP posts:
Kueh · 31/08/2018 10:03

If you’ve got 15 points (or met one of the support group descriptors) you should be in the support group. If the hearing was yesterday DWP won’t have received and processed the decision so if you ring them they’ll have no idea what’s going on, it can take a few weeks to implement. The decision will be backdated to the date of the original WCA and you should receive this as a lump sum. In the support group you will stay on cont based for as long as you meet the criteria (ie by the info on your ESA50 and face to face assessments). If you’re ever placed in WRAG you would move to income related which would take your partners income into account. Hope that’s helpful :)

gazillion · 31/08/2018 10:51

Thanks Kueh, that’s much appreciated
G

OP posts:
flopsyrabbit1 · 31/08/2018 11:00

if your already in the support group income related and you have your review medical is it the same have to get 15 points or a descriptor to get in the support group again?thanks

Interested in this thread?

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Kueh · 31/08/2018 11:31

@flopsyrabbit1, yes the points thresholds for placement in either support group/WRAG (or taken off ESA!) is the same whether initially being placed in a group after being on assessment rate or at review :)

@gazillion, one huge caveat to the above info is that if you’ve claimed universal credit between failing the WCA and your hearing you generally can’t go back on any type of ESA.

Kueh · 31/08/2018 11:33

Bold fail!

@flopsyrabbit1
@gazillion

flopsyrabbit1 · 31/08/2018 11:40

many thanks

smurfy2015 · 01/09/2018 09:37

Depends on where you are in UK, they dont always send out the copy of the assessors report.

So within 30 days of the medical, write a v short letter - with your name, address, NI number, date it and - "I @gazillion request a copy of my ESA 85a (statement of reasons). Regards and sign it.

It means you get to see why the assessor or decision maker based their information to make the final decision on and is useful to have for appeal or reapplication.

Good luck

gazillion · 01/09/2018 12:21

Thanks Smurfy 😀

OP posts:
Bombardier25966 · 01/09/2018 12:39

Sorry, the above information is wrong. In order to get into the support group you need to fulfil one of the support group descriptors, or one of the exceptional circumstances. The descriptors are here, your points are not listed:

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

Does your notification say anything about "limited capability for work related activity" (not just limited capability for work) or refer to a s. 35 exception?

flopsyrabbit1 · 01/09/2018 21:17

do you mean notification of what group,if so all it says is Support group

i looked on the report and says nothing about what group they had placed me in

im asking as it was for a year which is pretty soon and was not sure if it was based on points etc

i cant see on any paper work about need to fulfil one of the support group descriptors, or one of the exceptional circumstances. The descriptors are here, your points are not listed:

Does your notification say anything about "limited capability for work related activity" (not just limited capability for work) or refer to a s. 35 exception?

nothing on any paperwork sent to me mentioning this,should be getting my E50 next few months if they stick to a year

Hmmm confusing

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