Employment and Support Allowance Appeal/Tribunal Query

speedfreek1000

stazi wrote: »

dreamylittledream

My post#7 is correct.
As I said, the rules changed from 28/6/10 and ESA is now no longer paid at an appeal rate when someone fails the WCA on points.

See attached DMG memo 33/10 para 20
http://www.dwp.gov.uk/docs/m-33-10.pdf

I'm sorry but could you quote the relevant bit as I can't see it?

All the examples in that memo say that ESA is awarded once an appeal is received. So that's paid again or am I reading this wrong?

Katykat

I'm having difficulty understanding Stazi's interpretation. I've asked a friend who is "in the know", and this was her reply ;-


No it doesn't mean that they won't get ESA pending an appeal. What it means is that when they claim ESA pending an appeal, it is treated as a new claim not as an extension of the existing claim. That means that the time when your latest claim started is when the decision to refuse you ESA went against you and you appealed, not from when you originally applied

I was awarded basic rate ESA in July, pending my appeal, so if the law changed on 28/6, then I wouldn't be getting ESA.

jayman1960

I just wanted to post this to encourage anyone who failed their ATOS medical - I did and was awards Nil Points - to go through the Appeal procedure as it's not as bad as you may think! My Medical was last October and I was so disgusted by it and its results that I immediately put in for an appeal. In the time until my Appeal came up, which was Wednesday this week, I bombarded the Tribunal Clerks with every piece of information I could get hold of ie. letters, certificates, copies of all medication, Consultant's letters - the lot!!! I went through all the paperwork from my so-called medical from ATOS and ripped it to shreds, countering any point that I knew was incorrect and basically totally discredited the person who conducted it! By the time I had finished, they and myself had a stack of paperwork to go through and when I eventually was face to face with a very pleasant lawyer and doctor they were well versed with my case and although not something I would particularly relish doing again, it wasn't as scary as I had imagined! I found the Panel extremely sympathetic and caring and they almost encouraged me to take ATOS to task over some very dodgy and obviously incorrect information they had provided in their original report. I took my dad with me for support and he was allowed to talk up for me too and was treated with great respect. I was informed two days later - today in fact - that I had won my Appeal having now been awarded 15 points and that the Secretary of State's decision of last October has now been set aside. You can imagine just how happy I am! I am now waiting to hear about any backpay that might be due to me as I have found this out before the Dept, of Work and Pensions' computers have been updated!

In conclusion, I would urge ALL of you to do the same. Keep your paperwork together, make the Appeal, dress smartly when you attend and take someone along for support. All this helps and I am sure you will be happy with the final results! Here's wishing you all lots of good luck - we deserve to be heard and to be treated with respect. Once again - GOOD LUCK to you all!!!

J.

Cpt.Scarlet

stazi wrote: »

dreamylittledream

My post#7 is correct.
As I said, the rules changed from 28/6/10 and ESA is now no longer paid at an appeal rate when someone fails the WCA on points.

See attached DMG memo 33/10 para 20
http://www.dwp.gov.uk/docs/m-33-10.pdf

Sorry, but you need better glasess. Paragraph 34, which I assume is what you are referring to, specifically states that a claimant making an appeal IS entitled to ESA.

More importantly the ESA Regulations 2008, paragraph 6 clearly states.

[FONT=TimesNewRoman,Bold][FONT=TimesNewRoman,Bold]6.
[/FONT][/FONT]

Where the period for which the claimant is entitled to an employment and support allowance commences and the claimant has made and is pursuing an appeal against a decision which embodies a determination that that claimant does not have limited capability for work, the assessment phase in relation to that claimant ends when the appeal is determined by an appeal tribunal constituted under Chapter 1 of Part 1 of the Social Security Act 1998

neverdespairgirl

watsinaname wrote: »

I've been to a tribunal and no they are not open to the public. The only other people there were the 2 people on the panel ... It went ok and not as bad as some have experienced.

The default rule is that they are open to the public. "Justice done and seen to be done" etc. It's very unlikely, though, that there will be people wanting to attend.