tribunal decision help

craigy76

Hi everyone I'm looking for someadvice or clarification.

I went to appeal with regards to my Esa migration from IB, I was placed in WRAG but didn't agree with decision so appealed, so this is where I'm confused.

I received a decision notice saying schedule 2 was awarded 1a (15pts)

Appellant has limited capability for work with the work related activity part crossed out.

No schedule 3 awarded or Reg 29 or 35.

So I just left it at that, 7 days later I receive a correction notice with the only difference to the first notice being that schedule 3 descriptor 1a was awarded.

But still with the appellant has limited capability for work with the work related activity part crossed out. I hence to add that the correction decision was a photo copy of original decision but with schedule 3 descriptor awarded.

This has me confused I'm I still in WRAG or support group, I have heard nothing from DWP in the weeksince I've received corrected decision and have been paid my normal WRAG rate yesterday.

So with a schedule 3 descriptor added now does this qualify me for support group and not WRAG.

Or is it at the DWP discretion.

Any help or information with regards on what this means and next steps i may have to take would be greatly appreciated

Muttleythefrog

Confusing indeed. I've never seen an ESA tribunal result slip. But I would hazard a guess here that the tribunal awarded the 15 point WRAG descriptor relating to mobilising 50m on level ground. This descriptor just happens to also be a Support Group descriptor and I wonder if the tribunal attempted to correct their judgement in light of realising this. If so then this is a total ballsup which they've failed to properly correct as they should presumably not be crossing out the work related activity part.

I would be inclined to keep in regular contact with DWP until they act on the result which may take them weeks to process. I'd also watch your bank account for any change in payments. If you get awarded WRAG then I'd query it. I suppose in the meantime you could request a statement of reasons (for the decision) from the tribunals service (and perhaps for clarity of your result slip)... it can't do any harm although it may take a while for the tribunal judge to write them... many weeks.

craigy76

Hi guys, just a quick update.

I rang DWP twice and never recieved a call back, then out of the blue I received notification that my arrears of £400 was being paid into my account no explanation nothing.

So now I assume I'm in Support group but the figures I arrived to are completely different to theres. I've been getting WRAG rate so I know the difference to support group is only £5.60, but shouldn't I also get backdated enhanced disability premium at couple rate £20ish, and this goes back to August when my claim was submitted.

Any advice would be great.