Won ESA tribunal. What happens next?

amber1979

We won (woo) but what happens afterwards?

I just realised that I don't know - hadn't thought this far!

:beer: inadvance.

Anubis_2

Pleased for you. Did you get in the support or wrag? You should get a letter of confirmation, and, I would advise asking for a statement of reasons how they reached their decision as it may be of use at a later date because it is not uncommon for people to win their appeals only to find they get a letter a very short while after asking them to go for another medical assessment. For some this has happened within a month of winning so get what information you can, just in case.

amber1979

Cheers!

Support group (from zero points...mad really).

I didn't know that - will see about the statement of reasons.

Do you know what happens regarding the rate of pay?

Anubis_2

You should get some backpay but it might take time to come through. Give them a ring tomorrow to see what they say.

Muttleythefrog

amber1979 wrote: »

Cheers!

Support group (from zero points...mad really).

I didn't know that - will see about the statement of reasons.

Do you know what happens regarding the rate of pay?

Yeah the statement of reasons is worth requesting... just as I advise people get their medical report even when they get a good outcome... always helps to know how you successfully claimed for future use.

You'll get backdated the extra money you should have had. The tribunal decision is effectively a re-determination of the DWP decision at that time... so if this was a re-assessment then should be given any extra monies for Support Group (and possibly Enhanced Dis Premium, cold weather payments if Income related ESA.. check) that you've not been getting because of the DWP decision.... and similarly if this is a new application but the backdated monetary award should be from week 14 of the claim (beginning of main phase ESA). Obviously new rate will apply too with Support component added and again potentially Enhanced Dis Premium (automatically added if you qualify - don't need to apply).

I'd give them a little time though to process tribunal result... watch the bank account and chase up backdating if that lags behind increase in fortnightly payments.

Congratulations. It's another indication of how flawed the WCA often is in application especially regarding mental health. To score zero points in WCA and yet be awarded Support Group at appeal is the two extremes of the spectrum.

DanielClark

my friend got word back yesterday that he had failed his medical, he scored a predictable 0 points, which seems to be the norm. the sheet that came with the decision said that to obtain a copy of the examiners report, he needs to fill out and send a letter requesting it.

he doesn't have a computer, and I'm probably going to be the one typing it for him, but I'm not really clued up on what needs to be written in the letter. any pointers would be appreciated, better still, a sample letter that I can adapt on his behalf would be of massive help.

is there anywhere I can get a hold of a sample atos medical report request letter?

Muttleythefrog

DanielClark wrote: »

my friend got word back yesterday that he had failed his medical, he scored a predictable 0 points, which seems to be the norm. the sheet that came with the decision said that to obtain a copy of the examiners report, he needs to fill out and send a letter requesting it.

he doesn't have a computer, and I'm probably going to be the one typing it for him, but I'm not really clued up on what needs to be written in the letter. any pointers would be appreciated, better still, a sample letter that I can adapt on his behalf would be of massive help.

is there anywhere I can get a hold of a sample atos medical report request letter?

I'm very suprised you need to make this request in writing.

As far as I'm aware he can call them (DWP) up and request a statement of reasons for the decision and the evidence they used including a copy of the ATOS medical report... and all these documents will be needed if an appeal is to be made in the coming weeks.

DanielClark

it doesn't say anything on the papers about calling, just that a written request needs to be made.

Muttleythefrog

DanielClark wrote: »

it doesn't say anything on the papers about calling, just that a written request needs to be made.

I would just call them up at the number at the top of the DWP letter... especially given you're requesting (presumably) more than just the ATOS medical report. I'd be surprised if they don't accept the request. The letter is probably just a result of political pressures and to make people aware of their right to see this report.... and of course many would potentially struggle to use the phone. Many people in these threads are requesting same but nobody has mentioned having to put any of it in writing.

cit_k

Yes, I would just call them up to, I do that every time, and have never had a problem requesting one over the phone.

amber1979

DanielClark wrote: »

it doesn't say anything on the papers about calling, just that a written request needs to be made.

Citizens Advice Bureau.

They won our appeal for us, they're brilliant. Get your friend there ASAP.