Placed in support group after submitting apeal

noel wrote: Thanks and hi again, I have read that much on your website that there is a lot of information to take in (which is a good thing). Am I right in thinking that I have read somewhere that once placed in the support group, when due for the assessment, is the onus on the DWP to prove that you are well enough to be placed in the WRAG or lose entitlement to ESA altogether.

Also which office would I ask for the LT54 and the ESA72, would it be the office that deals with my claim or the office where I had to send my appeal papers to ?

Thanks again .

Hi N,

Although the burden of proof will be on the DWP DM to show that you no longer qualify for The SG when the time comes for you to be reassessed, my best advice would be to fill in the ESA50 at that time just as you would if it was your first assessment, and provide as much current relevant evidence as you can.

It could result in an adverse decision if you assume that they already know how your limitations affect you.

With regards to your other query, you should contact the office that is dealing with your ESA. It may be advisable to back up any verbal request for documentation with a formal written request in the form of a Subject Access Request, which can be downloaded filled in and printed off from here :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

To cover all bases, you may wish to request all documentation used in your ESA WCA and reconsideration. (as well as the named ones)

If you are going to post a SAR off, it may help to write Data Protection SAR in the top left of the envelope.

See :
Sending Documents to the DWP or ATOS

They then have 40 calender days from receipt, to comply.

bro58

Thanks Bro, I have written that all down, as it gets confusing !
When we filled in my origional ESA50, a copy on my computer was kept for me as we filled it in on the computer version, would I be able to use that version again and just alter any changes that need to be done, or would I get in trouble for using the same one ?
Thanks again for your time

Hi Noel
CONGRATULATIONS on being put into the SG on appeal, I hope they leave you alone now.

I am at the same stage of an appeal but still waiting to hear, if you dont mind me asking, how long did you wait to get an answer to your appeal ?

Regards, Derek

noel wrote: Thanks Bro, I have written that all down, as it gets confusing !
When we filled in my origional ESA50, a copy on my computer was kept for me as we filled it in on the computer version, would I be able to use that version again and just alter any changes that need to be done, or would I get in trouble for using the same one ?
Thanks again for your time

Hi N,

In theory there would be nothing wrong with updating, editing and adding to the PDF ESA50 that you have backed up.

However, as you may have read on the forum, the ESA regs have been ammended, therefore the ESA50 itself "may" be changed to reflect this post 28/01/13.

You would have to be aware of this, (Current version is ESA50 03/11) and check that the paper version that you would receive through the post corresponded with the PDF version that you have.

If there are ammendments to the current ESA50, the newer version should be available as a PDF, and I am sure that it will be made known in our guides and the forum.

The current copy that you have would still be a good reference point, and you could cut/copy and paste relevant sections over.

bro58

Hi Derekq, thanks for that. My origional decision was sent to me the middle of september and I sent my appeal papers the end of september. The decision was made to put me in support group (without tribunal, thank goodness) in the middle of January, so it was about three and half months.

I hope this helps you, I hope you get on alright, you should do with the help and information from Benefits and Work

Hi Bro, I have phoned DWP today and asked for the information, also I have posted the SAR to them, I am looking foward to recieving the information so that I can compare the first LT54 and the new LT54 that was used to change the decision in my favour.

With help I have also saved my origional ESA50 on to a memory stick, incase of computer problems and I will bear it in mind that there may be a revised version of the ESA50 when it comes to re-assessments, but I think it will help me to comlete the next ESA50.

Thanks again