ESA tribunal won

kita1

flight747 wrote: »

Now the DWP sent her another ESA50 in last March 2012 and she had been called up ATOS again in April 2012 and failed again with 0 point and had appeal it. Went to tribunal hearing last week and award her 15 points and put her on support group but DWP sent her letter today to say that DWP won't accepted tribunal and declined her ESA and told her to claim JSA instead. She very upset and surely that DWP are NOT ALLOWED to refuse tribunal victory in twices ? And why is she went ATOS twices ?

I don't know much about this process - but isn't that a bit fast for going to the tribunal hearing?

I thought it was taking up to a year before you got to the tribunal?

love78

recently won a tribunal recived this..
the appeal ia allowed
from 24/02/2012 the appellants award of income support on the basis of incapciaty is converted into an award of employment and support allowance withe the support component
the descriptors satisfied in schedule 3 esa regulations are --14

we havene received any letters from the esa and after a few phone calls are still no closer to finding out what group we have been placed in or when we will recive money...still have to put sicknotes they say they have recived the letter off the tribunal and it ill take 8 wks to put on to the computer.....just need some advice and some one to talk back to me about it

flight747

yeah it take 4-8 weeks before you hear from DWP for ESA but you won't get backdated payment until 12 weeks later but they do tricky on backdated like underpaying you as you have to check your date of week 13 until tribunal hearing date.

Beware DWP will sent you ESA50 again at anytime to put you through to ATOS again. They will ask you for another sick notes again. It really stressful and they don't like anyones staying on ESA for too long on WRAG or SG. Government is tricky and lies and want ESA to reduce to the assessment rate for a very long time up to a year! They just playing around and they never look into decision maker, they just put it away and let you know in 6 or 12 months during your assessment of their decision.

flight747

flight747 wrote: »

I thought that the tribunal hearing had the POWER over the ATOS/DWP decision ? She is very upsetting at the moment with a Suicidal death life threating!

She sadly killed last week, RIP !

dalek

flight747 wrote: »

She sadly killed last week, RIP !

That is very sad

Magic_Fairy

Oh no, I am very sorry.

I hope the stress caused by her claim was not a contributing factor. Very sad.

Muttleythefrog

flight747 wrote: »

She sadly killed last week, RIP !

That's really sad to hear. As above.. I hope the stresses caused by the DWP/ESA have not majorly contributed... but I fear many like her will indeed be badly affected by the frequent reassessment and poor administration of this benefit and associated legal processes. Very sad.

Muttleythefrog

love78 wrote: »

recently won a tribunal recived this..
the appeal ia allowed
from 24/02/2012 the appellants award of income support on the basis of incapciaty is converted into an award of employment and support allowance withe the support component
the descriptors satisfied in schedule 3 esa regulations are --14

we havene received any letters from the esa and after a few phone calls are still no closer to finding out what group we have been placed in or when we will recive money...still have to put sicknotes they say they have recived the letter off the tribunal and it ill take 8 wks to put on to the computer.....just need some advice and some one to talk back to me about it

The DWP should act in accordance with the tribunal's decision.. there is a very small chance they could legally challenge it.. but that isn't worth considering. If what you say is accurate conveyance of the tribunal decision notice then the DWP will place her in Support Group... at a quick guess section 3 - 14 may refer to the Support Group descriptor regarding behaviour with others (if this makes sense then it probably will be)

Keep supplying sicknotes until the DWP have processed the tribunal decision.... keep a watch of bank account as this may be first indicator of when that occurs.

love78

thanks you ...iam waiting on a call back...also iam very sad to hear about the death of the lady on her...very sad

love78

just thought i would update you....spoke to the esa this morning and it takes 6 -7 wks for the esa decision maker to look at your tribunal win...then they send it to the office that deals with the payments and they take ruffly 2 -4 wks to pay you ..so you are looking at about 12-13 wks from the day of your tribunal to actually being paid