DLA Tribunal Appeal Won - Advise needed

JillyJolly_2

Hello,

I am after some help regarding my ESA & DLA. I was getting help from Framework but they signed me of LAST YEAR when they could not help me with my benefits anymore. They sorted out my ESA and put my DLA application in, but after that there was nothing they can help me with. Now I am left with no help regarding any of this as I find it hard to get into contact with Framework now.

When we first applied for DLA back in Feb/March 2011, it got rejected so we took it to the Tribunal. It finally went to the Tribunal on the 10/01/2012 where they said it was a Unanimous decision of the Tribunal which entitles me to low rate mobility DLA, due to needing guidence/supervision in walking most of the time, and care DLA due to satisfying the main meal criteria, and that I am entitled to them from 01/03/2011 to 28/02/2014.

Now I have some questions regarding this and hope you can help me.

How likely will the DWP appeal the Tribunal decision? And if they do what can I do about that?

If they decide to not appeal the Tribunal decision will I get my back payments which I'm entitled to?

If I do get my DLA I'm entitled to will this have any effect on my ESA?

How long do I have to wait for any more news? (This increases my anxiety panic attacks!)

I am currently on the main phase ESA in the work related group, It is currently in appeal to put me in the support related group, which is where I should be.

Thank You.

Muttleythefrog

"How likely will the DWP appeal the Tribunal decision? And if they do what can I do about that?" - it's unlikely... they'll usually just accept it. They could challenge the tribunal by claiming an error in law was made... they can't as such argue that the tribunal reached the wrong conclusion (i.e. the time for you or them to argue that you should not get LRM or should get MRC is past unless a new tribunal was to be re-ordered). What can you do about it.. well... not a lot as far as I'm aware... they'd have to convince the judge of the tribunal that an error in law was made and that the tribunal therefore should be struck out... or persuade an upper tier judge to determine same. In reality it is unlikely that the tribunal made an 'error in law' and it is unlikely the DWP would argue that it did. I would assume this won't happen.. just not worth the worry for the slim odds of it happening and being successful. And note that even in the unlikely event they did have success then you could still get a good award in a new tribunal.

"If they decide to not appeal the Tribunal decision will I get my back payments which I'm entitled to?" - fairly soon... you may well have to fill in a form to confirm any hospital stays or the like (i.e. periods during which DLA may have been affected in terms of payment) and bank details but weeks rather than months most likely. The tribunal is redetermining the DWP decision that you challenged.. you'd therefore be entitled to the award from that date and any monies you should have been getting as a result.

"If I do get my DLA I'm entitled to will this have any effect on my ESA?" - not at face value... although there may be complex rules applying which may affect income related ESA entitlement if savings level becomes an issue. If you had gotten MRC or HRC then it may have opened the door to additional premiums.

"How long do I have to wait for any more news?" - couple weeks at a guess... try not to worry.

"I am currently on the main phase ESA in the work related group, It is currently in appeal to put me in the support related group, which is where I should be." - make sure you are well prepared to convince (and ideally with supporting medical evidence) that a (or several) Support group descriptor applies in your case. Some people (not necessarily yourself of course) are convinced that they should be in the S.G. because they regard themselves as severely disabled or totally incapable of work... but the real test comes down to the descriptors in law... and it's on that basis a decision will be made.

Good luck!

JillyJolly_2

Thank you for the detailed reply, it helps allot.

Hopefully I'll get the form soon and then deal with that as when it comes. I hate forms / appeals etc which is why Framework where a great help when I was with them, all my forms and appeals where done in the most professional and right way possible. But I won't get my hopes up to much until I've heard from DWP about what they will do next.

Regarding my ESA, according to my doctor(s) support workers etc and the situation I am in (I suffer from agoraphobia / panic attacks) I should be in the support related group, the problem is from what I'm told only around 12% or less get onto the support related group, it's currently in appeal right now. Likely out come they will reject that to I guess, it's been a couple of months waiting on them now already. Can I take the ESA appeal to tribunal if they reject that such as what we did with the DLA? (To go into the support related group) all the evidence is there for them that I should be in the support related group, I'd never be able to go to the work related activities and that's well documented in the appeal. all medical evidence is in there also.

Muttleythefrog

JillyJolly wrote: »

Regarding my ESA, according to my doctor(s) support workers etc and the situation I am in (I suffer from agoraphobia / panic attacks) I should be in the support related group, the problem is from what I'm told only around 12% or less get onto the support related group, it's currently in appeal right now. Likely out come they will reject that to I guess, it's been a couple of months waiting on them now already. Can I take the ESA appeal to tribunal if they reject that such as what we did with the DLA? (To go into the support related group) all the evidence is there for them that I should be in the support related group, I'd never be able to go to the work related activities and that's well documented in the appeal. all medical evidence is in there also.

I would re-iterate that you'll need to show Support Gp descriptor(s) apply at tribunal... unless special circumstances apply then that's the game you're playing. Presumably those around you think that a S.Gp descriptor does apply... it'd be helpful to know which one(s) especially if you intend to attend the tribunal. So set direction... know what you'll be aiming to show. The descriptors are on http://www.tameside.gov.uk/esa/lcwra

If your appeal tribunal fails (hopefully not such that you are found fit for work.. but found to meet WRAG criteria) then you have same options as DWP have as described in relation to DLA. You'd have the right to argue that an error in law was made by the tribunal and therefore you should get another tribunal. But this relies on error in law... something quite different than arguing that they got the decision wrong. An error in law is something like.. the tribunal applied the law incorrectly (perhaps they used old laws for example).. the tribunal didn't follow due procedure (like you indicated you'd attend the tribunal hearing but they left you outside without calling you in).. etc. Arguing this ideally requires someone qualified to do so... and in most cases there will be no case to argue. If it is argued then it is first done to the actual tribunal judge from whom first a statement of reasons for their tribunal decision is likely needed. If he says there was no error in law then you can argue error in law to upper tier... a judge from the upper tier will decide whether the tribunal made an error in law.

I'm not sure if you've had a reconsideration done yet regarding ESA... when you appeal to the DWP against their decision then they first will carry out a reconsideration (if one hasn't already been done) to see if they can change their decision. If they don't change their decision then they should let you know and send off papers to the tribunals service to arrange your independent appeal.

JillyJolly_2

Thanks for the help again.

Yes your last statement is correct, it's not gone to the Tribunal yet, they are re-considering to put me in the support related group after appealing to them. I've been on the work related group from start but I should be in support related group which I was told I would be going on, but when I went to the interview I was told they intend to keep me on the work related group, which is why we sent the appeal in for them to re-consider it. The lady at interview even got into trouble with her boss as she had word with them to wait for my appeal to re-consider it, as she knew I should not be in work related group.

It's been over 2 months since they last wrote to me, do you think it's worth giving them a call?

Muttleythefrog

I would wait... a reconsideration can take months... perhaps give it at least another couple weeks before calling... they may fail to send out letter saying they have reconsidered and not changed decision (many letters seem to never get sent.. or get sent in error!). Assuming they don't change decision then you're probably looking at many more months wait for tribunal.

JillyJolly_2

Will give it a couple of weeks then see what's going on. My only concern with ESA if those changes happen that it could effect how much money I get as I'm not on the support group. Tribunal appeals take months indeed! For me I find it easier to try forget about them untill it happens and you get letter. I cannot attend the Tribunal appeals but the DLA appeal went well without me!

Muttleythefrog

Remember the proposed changes only relate to contribution based ESA. Not sure if that's what you're receiving. But obviously, regardless, there will always be the possibility of Income related (means tested) ESA... which will have no time limits... it just means you'd only get it (or some of it) if you meet means testing criteria... i.e. have low income/savings.

JillyJolly_2

Yes I get income related ESA because of my low income/savings and health.

Now just have to wait patiently to hear about my DLA reward, hopefully it's good news as it would help allot in my long term plan to get better.

JillyJolly_2

I got a form from DWP regarding the DLA. Just some things to tick like hospital stay, been abroad etc, and then giving my bank details / signature.

How long does it take them to send a reply back after sending this form back to them? And is there any chance they could try to give me less back payment money then I am suppose to get? I've not been in hospital (as in staying) or aboard for more then 26 weeks or anything since the start date of the backpayments.

Muttleythefrog

JillyJolly wrote: »

I got a form from DWP regarding the DLA. Just some things to tick like hospital stay, been abroad etc, and then giving my bank details / signature.

How long does it take them to send a reply back after sending this form back to them? And is there any chance they could try to give me less back payment money then I am suppose to get? I've not been in hospital (as in staying) or aboard for more then 26 weeks or anything since the start date of the backpayments.

Ah that's good news. They'll give you full backpayments if you've not had periods when you were in circumstances where you may not be entitled... that's what the form is designed to find out... and the bank details they request so they can make payments. How long will it take them... I would say probably not long... days or couple weeks rather than many weeks or months.