ESA - no medical

I'm due to have my ESA stopped mid December, having been on it for a year by then. I was placed in the contributions group, and am in the work-related activity group. My health hasn't really changed, but is very unpredictable. I didn't do anything about appealing my case since i didn't realise that the support group people could go on receiving benefit AFTER the year was up.

I received, filled in and posted the medical form to the people who were dealing with it. (It may have been ISOS, but I forget.) But I've never had a medical. Does this mean that I would entitled to appeal, even at this late date? Will the benefits folk have made a decision unlawfully, since I didn't have a medical?

How do I go about appealing?

I have more questions, but will stop for now, in the hope that someone will be able to advise me.

Many thanks in anticipation,

Morna

Hi and welcome to the forum. On the assumption that you are also new to the site, this FAQ should help you find your way around.

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DWP are not allowed to refuse ESA without a face to face assessment. This would not aply in your case as you were placed in the WRAG.

As long as it is less than 13 months since the decision, you can make a late request for Mandatory Reconsideration. You will have to make a good case for being late, the fact that you did not understand about the different groups should help.

How long do I have to ask for a mandatory reconsideration?

What is a mandatory reconsideration for ESA?

How do I ask for a mandatory reconsideration?

You will need to clearly show how your condition meets the criteria for at least one of the Support Group descriptors.

Qualifying for the Support Group

I am afraid that this process is likely to take some months. Meanwhile, your contributory ESA will cease payment as planned. If you live alone, have no other income or savings, you might be entitled to income-related ESA. If you think that might be the case you should request a form ESA3 from DWP.

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