Has anyone been on ESA work related and gone to ES... - Headway

Headway
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Has anyone been on ESA work related and gone to ESA support group after applying?

HavingAlook1
HavingAlook1

i have had my brain injury now 9 years and been back to part time work 3 times since and failed every time with stress, tiredness, anxiety ect.

I have just taken my yearly esa review and have passed a number of letters from my doctors and one very new letter from my brain expert guy who keeps an eye on me saying he would recommend me in the support group.

But sometimes I know this isn’t enough ? And may need to appeal it if I don’t succeed.

Anyone here appealed or gone to tribunal to get it ?!

Many thanks as had enough of these yearly appointments and decided I am not fit for work as it is making me more ill keep trying.

Thanks

8 Replies
oldestnewest

My question is on what basis did the neurologist (?), say you should be in the support group.

At tribunal people are placed in the Support Group however there can be a risk of you losing your ESA, as the Tribunal can consider the whole award.

To try and ensure you minimise this risk specialist advice is essential, if you are considering appealing that you're not in the Support Group.

On the basis that I have been on the esa for 9 years on and off and that going back to work it is damaging my health and making me worse.

Hence I won’t be able to work again.

From what you say if you're not placed in the Support Group, if you don't score the required points, another route may be regulation 35.

Again specialist advice should be sought.

Regulation 35 applies where not being placed in the Support Group would pose a substantial risk to you or others, however it's not as simple as that.

Yes I think that was what my brain expert guy was getting at with his letter wording it correctly

If you do have to rely upon that that hopefully he covered the relevant factors. They can decide to put someone in the SG of their own accord if the Decision Maker is satisfied by the supporting evidence you've already supplied.

The route via regulation 35 is difficult to satisfy. It really does come down to each individual and their particular symptoms, so any information from myself is only very general guidance.

If you do have to raise a dispute you can go for 35 & the points, again advice from a advice agency who give Welfare Benefit advise should increase the chance of success.

You need to detail everything of how you are affected each day doesnt matter what it is , toilet needs , getting about, anger, stress , coping being around other people , being able to cope with tasks and also motivation . It would help if someone could help fill in forms etc for you as well as going with you if you need to go for an assessment

sealiphone
sealiphone
in reply to Lisers

Yes it will end up to be a very long list but if you get it in there, any Tribunal would have to consider should it go that far.

If a adviser was completing the ESA50 they would pull out the relevant points and it would probably fit in the boxes but if you're throwing everything in you'll probably need the last page 'Other Information' and you may need to attach separate page(s).

It may help to keep a copy and take it along to the assessment you can then refer to it to try and ensure you give as much information, in person, as possible.

Thanks guys!! I will wait for my results to come through the post and take it further if I haven’t got it.

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