Granted pip but declined ESA support group. Help

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good morning all,

I am in a hit of a pickle, I am on ESA wrg and asked for a mandatory reconsideration for support group which was declinded. Since then I have won my pip appeal and given standard rate.

What I would like to know is now I have pip would I stand a chance with appealing for the support group on ESA as my psychiatrist is writing g a formal letter disagreeing with there decision for the work related activity group. He did previously state in my last report that I was fit for work and advises me to be put into the support group but they still declined.

Any advise would be brilliant.

Thanks

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5 Replies

  • Posted

    Hi Sally,

    PIP and ESA work on different criteria to each other and qualifying for one doesn't necessarily qualify you for the other.

    If you feel you fit the support group criteria you should appeal, but it all depends on whether you are ready/will soon be ready to go to work.

    Check out benefits and work website. They have a ESA calc type thing that you can do to see if you meet the requirements - remember though this is based on your opinion of your illness.

    Defo appeal though if you think you've been placed in the wrong group

    Good luck

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  • Posted

    Hi Sally

    If it is over 30 days since your ESA decision then you can't appeal. However, if your condition has become worse you can report a change of circumstances.

    It would appear that this has happened as your psychiatrist had previously advised you were fit for work but now advises the opposite and that you should be placed in the Support Group.

    So either appeal (if within the time limit) and submit the new evidence or report a change of circumstances again using the new evidence.

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    • Posted

      It says you can appeal after the month period up to 13months. Also sorry for the mistake but my psychiatrist stated I was not fit for work and should be in the support group. Which they declined
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    • Posted

      Hi Sally

      You can appeal up to 12 months (only for PIP is it 13 months) after the decision if:

      the decision maker thinks it is reasonable; and

      special circumstances made it impracticable for you to seek a revision within one month.

      Therefore if you wish to appeal after the 30 day time limit you will need 'special circumstances' to explain why the appeal was not submitted within the 30 day time limit. The acceptance is at the discretion of the decision maker.

      However, this doesn’t stop you reporting a change of circumstances. Does the letter specifically state your condition has deteriorated? If not then go back and ask for it to be included, or ask your GP to write a letter stating the same.

      If this can’t be done then go with what you have got. Explain to the DWP why you should be in the Support Group and make sure it is down in writing, also emphasise your psychiatrist’s letter.

      If this fails the do the MR and then the Tribunal.

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  • Posted

    Two totally different benefits assessing totally different things.

    You can be so disabled that you are granted the enhanced rate of both but still being able to work fullt time.

    In fact PIP is a benefit for those in work and not in work.

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