esa

Hi does anyone know of the risks of asking the dwp to reassess me?i was put into wrag last april although i have criteria for support group due to mobility problems.I suffere with osteoarthritis in my left knee with is bone on bone as i walk etc.Walking is very painful for me but to them its nothing.Ive just found out that when i was examined last april i will not be reassessed till may 2016.My health has deteriorated since last april,xray showed in December that the bones have closed further together and a change in arthritic conditions.Any advice would be grateful

Hi,

Welcome to Benefits and Work

If your forum name is also your real name, you may wish to change it to maintain some anonymity.

This can be done quite easily by following the instructions on this FAQ :

My full name is showing, how can I stop it?

As it seems that 13 months or more have passed since the time of The WRAG award, "i was put into wrag last april" you are out of time to appeal that decision.

There is some risk to your current WRAG award if you request a review/supersession of this award due to a deterioration in your condition, in that you will be reassessed afresh.

Have your ESA payments stopped due to The 365 Days Rule Contribution Based (CB) ESA ? :

12 Month Limit for ESA(CB)

If your payments have ceased due to the above, there is obviously far less risk involved. If you are still in receipt of ESA payments due to entitlement to Income Related (IR) ESA, then there is more to consider.

You should take into account, that with the ESA Mobilising qualifying criteria, not only is it a "walking test", it also assesses whether you could "mobilise" the requisite distance by using/self propelling a manual wheelchair unaided.

This will be assessed even if you have never had or used a manual wheelchair.

See the SG Qualifying Descriptor Activity 1. :

"Activity :


1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

Descriptors :

1 Cannot either:
(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

From :

SG (LCWRA)Schedule 3 Descriptors

See also :

Qualifying for the Support Group

Read in conjunction with our : ESA Claims Guides

You could seek advice from CAB, DIAL or the like, and ask them to risk assess your situation with respect to requesting a review of the WRAG award, or you could read through the information provided above and decide for yourself.

Where to get advice

Either way, the final decision will be yours to make.

If you are to request a review/supersession, the burden of proof will be on you to prove, by providing medical evidence, that your medical conditions have changed or deteriorated to such an extent that the resulting limitations now qualify you for The SG by fulfilling at least one of The SG descriptors.

If you are to request a review/supersession, I would make it clear in writing that you are doing so, and provide copies of any supporting evidence that you may have with the letter :

Sending Documents to the DWP or ATOS

You should address the envelope to the Benefits Office/Centre address that you have on your most current ESA letter from the DWP.

It may help if you write ESA Review Request in front, top, left corner of the envelope.

Once your request is received, you may receive a fresh ESA50, and may or may not have to undergo a face to face assessment.

Please reply to this topic if you have any further queries.

bro58