Help Please ANYONE

ESAHeadache

I won my Appeal more than a week ago and am sure I was placed in to the support group. Today I called Jobcentre and they are saying I have been put into the Work Related Activity Group and that is using the decision from the Tribunal.

This is exactly what is written on the decision notice from tribunal:

The appeal is allowed
The decision of secetary of state issued on 12/01/2010 is set aside

The triunal consider desciptor 16 (b) intiating and sustaining personal action is appropriate and so 15 point are awarded.

This will passport Mr XXXX to schedule 3 descriptor 10 (b)

I am sure that this means I should be in the support Group???

dmg24

None of the above states that you should be in the Support group. Who told you that you would be in the Support group?

ESAHeadache

dmg24 wrote: »

None of the above states that you should be in the Support group. Who told you that you would be in the Support group?

The Clerk at the tribunal and also my representative

http://www.google.co.uk/url?sa=t&source=web&cd=7&ved=0CDIQFjAG&url=http%3A%2F%2Fwww.dls.org.uk%2Fadvice%2Ffactsheet%2Fwelfare_benefits%2Femployment%2520support%2520allowance%2FEmployment%2520Support%2520Allowance.pdf&ei=Uh-OTITJHOTT4wbezbDZCg&usg=AFQjCNEXJG9i1gPln4uX6xLOviX7XpzhCA

Also looking at the above linked fact sheet

ESAHeadache

If you look click on the above link and scroll down to page 19 this is what i was passported to and it is said you need to meet atleast one of these descriptors to be put into support group

Also take a look at this factsheet

http://www.disabilityalliance.org/f33.pdf

dmg24

So have you asked your representative why you have not been put into the Support group?

ESAHeadache

dmg24 wrote: »

So have you asked your representative why you have not been put into the Support group?

My rep on holiday an this is totally stressing me out. I called Jobcentre and like nobody seems to know what the descriptors mean. Im sure they should have some knowledge of somekind about ESA other than answering the phone and saying can we help!!!

I were told somebody will look at the decision notice again to see if there been an error on system. Iv been waiting all day for a call still haven't heard anything and they don't give direct numbers for the delivery centre as now you have to speak to the contact centres.

dmg24

ESAHeadache wrote: »

My rep on holiday an this is totally stressing me out. I called Jobcentre and like nobody seems to know what the descriptors mean. Im sure they should have some knowledge of somekind about ESA other than answering the phone and saying can we help!!!

I were told somebody will look at the decision notice again to see if there been an error on system. Iv been waiting all day for a call still haven't heard anything and they don't give direct numbers for the delivery centre as now you have to speak to the contact centres.

So calm down until somebody calls you back. There is nothing you can do until then. If they have made a mistake, they will backdate your money. Really, you are doing yourself no favours by getting stressed out.

ESAHeadache

dmg24 wrote: »

So calm down until somebody calls you back. There is nothing you can do until then. If they have made a mistake, they will backdate your money. Really, you are doing yourself no favours by getting stressed out.

This is riduculous spoke to DWP who say that they checked the notice and state that the decision should state support group, so i called the tribunal and luckily spoke to a judge who says it does say support group stated in the way of

this will passport mr xxxxx to schedule 3 descriptor 10 B.

Called DWP again and they are saying we go by the decision of the tribunal and that I can appeal the group decision therefore i shuld send a covering letter for the whole decision to be looked at again. I dont understand if on the notice it clearly states using descriptor 10 b im in support and the tribunal service are saying that we are using the DWP terminolgy for support group by stating the descriptor and schedule then why do I have to send a covering letter.

I have had a stressful year as it is appealing the ATOS decision surely i deserve a break from all this.

andyandflo

ESAHeadache wrote: »

This is riduculous spoke to DWP who say that they checked the notice and state that the decision should state support group, so i called the tribunal and luckily spoke to a judge who says it does say support group stated in the way of

this will passport mr xxxxx to schedule 3 descriptor 10 B.

Called DWP again and they are saying we go by the decision of the tribunal and that I can appeal the group decision therefore i shuld send a covering letter for the whole decision to be looked at again. I dont understand if on the notice it clearly states using descriptor 10 b im in support and the tribunal service are saying that we are using the DWP terminolgy for support group by stating the descriptor and schedule then why do I have to send a covering letter.

I have had a stressful year as it is appealing the ATOS decision surely i deserve a break from all this.

This does not surprise me at all. Why not go straight to your MP with this? Cut out the middle men and it will save you time and effort. What I would do to protect yourself is lodge an appeal with DWP, as they are likely to refuse to look at it again if after 1 month it has not been submitted.

Mind you, and I must warn you that you have stepped into the lions den on here. There is so much anti benefit comment about.

You are likely to be told that you are lucky to be getting what you are given already AND you dare to ask for M O R E !!!!!

flashnazia

andyandflo wrote: »

....

Mind you, and I must warn you that you have stepped into the lions den on here. There is so much anti benefit comment about.

You are likely to be told that you are lucky to be getting what you are given already AND you dare to ask for M O R E !!!!!

Why don't you take a look at the OP's previous thread (leading up to the tribunal). S/he got plenty of help and support there.

busy_mom_2

ESAHeadache wrote: »

My rep on holiday an this is totally stressing me out. I called Jobcentre and like nobody seems to know what the descriptors mean. Im sure they should have some knowledge of somekind about ESA other than answering the phone and saying can we help!!!

I were told somebody will look at the decision notice again to see if there been an error on system. Iv been waiting all day for a call still haven't heard anything and they don't give direct numbers for the delivery centre as now you have to speak to the contact centres.

Have you tried speaking to the benefit delivery centre rather than the jobcentre? Jobcentre staff receive no benefit training so their knowledge will be limited regarding ESA. They can and do, do more than answer the phone!