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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA appeal or supersession

Janeyo
forum member

Advice Manager, Rutland CAB

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Total Posts: 1

Joined: 11 June 2012

Morning all,

Client migrated to ESA 12/1/12 - placed in WRAG based as far as I am aware on ESA50!. Client did not attend WCA August 12 and benefit sanctioned. Benefit remains sanctioned and DWP unable to say when sanction will end. Assume it will be when client gets to WCA. However, client suffers from severe agrophobia and has not been out of home for a very long time. GP visits client at home.

Client’s niece wrote to DWP and stated that she thought client should be in support grp. DWP appear to have taken this as an appeal. Client has now contacted us with letter from DWP asking why appeal is late. I’m not sure how to handle this.

1) appeal on basis that client should have been placed in support grp 12/1/12 and argue client did not appeal as she was not made fully aware of structure of ESA and relevance of support grp.

2) request supersession on basis that health has deteriorated, although I’m not sure that’s fully correct and client would have difficulty in explaining when deterioration happened as her condition is probably the same as it has been for many years.

3) simply request HV for WCA and get them to look at support grp.

I do have supporting GP’s letter.

Any comments, gratefully received.