Advice on ESA please.....

Tiggz

Hi All, long time reader, new poster!

With the help from threads on here, I applied for ESA last year when my wife ended our marriage and I went to the ATOS medical a few months after who gave me 0 points.

I have spine damage and nerve damage and I need two crutches to walk, cant feel left leg, on 20mg butrans patches amung many other medications generally, I am crippled in all the time and getting worse and worse.

ESA got stopped as a result of medical, then I appealed, and after they refused the appeal it went to tribunal. I was scared something silly by the thought of this alone! Then 6 months passed, and I had my tribunal.

The Judge and Dr in the tribunal were really nice and actually listened to me and let me have my say, something that was absent in my ATOS medical assesment. The medical report ATOS made was in the paperwork for the tribunal and was full of lies and half truths! I was Horrified!!!

However, the judge awarded me 24 points and put me in the "support component". Clearly, a HUGE relief for me!

Now, the medical MONTHS back, 2 days later, phone call claim stopped, I had to appeal.
The tribunal, I left it a week to see whats happening then as I read on here about the 13 week rule and the kind lady at esa helped me work out how many weeks and how much per week they "owe" me. But then said I have to wait 3-6 weeks for them to process the paperwork!? They just say "don't worry they will back pay you what you are owed....."

So 2 days if its in there favour, yet 6 weeks when its in my favour?

What is the normal time for ESA to process this tribunal paperwork and move my claim to the correct pool and is there any way I can speed them up?

Great site, Keep it up guys

Muttleythefrog

Unfortunately ESA admin is highly unpredictable and erratic. All you can do is put them under pressure... phone regularly to query why your back payment hasn't been made. In all probability it will be made within a matter of weeks. If you compare admin of ESA and admin of DLA they're different worlds... I think backdating of my DLA took a couple of days and they communicate it factually by letter too... different ball game with regard ESA.

Congratulations regarding the tribunal by the way. Make sure you take note of what descriptors the tribunal felt applied... because come re-assessment they may be a good guide as to how you will pass the WCA on similar grounds. Especially important is the Support group descriptor(s) the tribunal felt applied.

Tiggz

Thanks mate. I know what you mean as I am also on DLA and although the decsion makers can be random at times, they are NOTHING compared to ESA!!

How long before renewal on ESA?

The court paper says...

The decsion of the secretaty of State issued on 03/11/11 is set aside.

Mr ME! is entitled to esa with the support component.

Mr ME! has limited capability for work, and work related activity.
The descriptors satisfied in Schedule 2 of the ESA regulations are:
1(a) - 15 points
2(b) - 9 points

This gives a total of 24 points, satisfying the work capability assessment.

The descriptor satisfied in schedule 3 of the ESA regulation [1] and is not reasonable to require the claimant to undertake work - related activity.

signed by the judge.

So That, I think, Shows 1, I have extremely poor mobilty and problems getting about.... I know this well!

and 2, In my mental health issues? (depression and phobic anxiety)

So Other than waiting on a back payment and chasing them, What happens next?

Thanks for the reply!

Muttleythefrog

Tiggz wrote: »

Thanks mate. I know what you mean as I am also on DLA and although the decsion makers can be random at times, they are NOTHING compared to ESA!!

How long before renewal on ESA?

The court paper says...

The decsion of the secretaty of State issued on 03/11/11 is set aside.

Mr ME! is entitled to esa with the support component.

Mr ME! has limited capability for work, and work related activity.
The descriptors satisfied in Schedule 2 of the ESA regulations are:
1(a) - 15 points
2(b) - 9 points

This gives a total of 24 points, satisfying the work capability assessment.

The descriptor satisfied in schedule 3 of the ESA regulation [1] and is not reasonable to require the claimant to undertake work - related activity.

signed by the judge.

So That, I think, Shows 1, I have extremely poor mobilty and problems getting about.... I know this well!

and 2, In my mental health issues? (depression and phobic anxiety)

So Other than waiting on a back payment and chasing them, What happens next?

Thanks for the reply!

Re-assessment is usually done on the basis of ATOS advice/medical which gives a prognosis of typically 6 months to a couple of years... it's not greatly scientific...lol. But I'm not sure what they do for re-assessment timing when person was found 'fit for work' and therefore probably got a prognosis of 'return to work could be considered within 3 months'. Just scanned the WCA handbook and it doesn't appear to offer specific advice... I'm assuming the judgement of the tribunal offers no such information? http://www.dwp.gov.uk/docs/wca-handbook.pdf

Regarding the descriptors applied. My interpretation is that you got (refer http://www.tameside.gov.uk/esa/wca) the 1a regarding 50m mobilisation (which also is descriptor for support group and therefore was applied for that too) and 2b regarding remaining at a workstation for more than 30 mins.

What happens next. DWP will get a copy of the tribunal result and hopefully within a matter of weeks act upon it, backdating monies owed and changing your fortnightly payments accordingly. There is a slim chance they could challenge the tribunal decision on a point of law but that is a mere technical possibility worth ignoring for health reasons alone..lol