When a client has been placed in the WRAG group by a tribunal is there a minimum amount of time until a change of circumstances can be submitted?

Hi

A client of mine failed an ESA medical but appealed and was placed into the WRAG group on 19/03/2013.  I did not represent the client at his appeal. 

However, he was not happy with this decision and wanted to be placed into the support group.  I went through the support group criteria with the client and from what he told me he satisfied it.  On 22/05/2013 I wrote a letter to the ESA department reporting a change in circumstances and asking for the client to be placed into the support group.  However, the ESA department have written back to me saying the following “We are sending back your letter because the tribunal has made the decision. As well as your decision, the tribunal will have sent you a leaflet containing a summary of what you can do if you think the decision is wrong.  You must get in touch with them if you want to take further action”.  The letter then goes on to explain various ways of overturning the tribunal decision such as errors of law etc. 

Is there a minimum length of time before a change of circumstances can be submitted after a tribunal’s ESA decision?

Thanks

As long as the change of circumstances post dates the decision under appeal, then it would not usually be in the Tribunal’s remit to consider it.

There seems to be a lack of understanding at JCP about how to deal with changes of circs during the period of an ESA award. I have seen several clients who were told to close their current claim and then claim again based on the changed condition(therefore losing any premium for WRAG and going basck to assessment rate).

I have found that insisting that a re-assessment is carried out eventually works, with a new ESA50 being sent to the client. But the general attitude from our local BDC (Bolton), seems to initially be denial that a re-assessment process exists until the relevant regs are quoted to them or a request is put in to escalate the matter.

I have opted for a supercession without the need to complete a new ESA50.

I would suggest spoon feeding the decision maker by identifying the descriptor/Reg 35 you seek to rely upon and how and why it is satisfied. This alongside supported by medical evidence to identify current difficulties and in particular why claimant cannot make work focused interviews.  Should you have any other evidence ie support workers, carers, family/friends this can be submitted also.

So far the DM’s have been accomodating and upgraded all of the supercessions we have submitted.

Please note, however, with any supercession the client always risks losing the current entitlement. 

Hope that helps.

M