Tribunal won but -

Patronus

Hi there.

Would firstly like to thank anyone that has given me advice in the past year or so. Yesterday my Mum had her tribunal and won it. Reading the sheet of paper that the judge gave me though - they have placed her in the work related group and advised that she is not reassessed within 24 months.

:huh: I think she should be in the support group and I haven't yet told her what the work related group means as I wasn't sure myself until I've just read up on it. She is really not fit for work and even getting to these interviews with advisers will be a strain for her.

We're very grateful that she won her tribunal and don't want to take the P! by appealing it again but is there anyway she can get changed over to the support group?

If not how often will these interviews with an adviser be?

:beer:

rogerblack

You can:
A) Appeal the tribunals decision on an error of law, or the grounds that their decision not to place her into the support group was completely unreasonable.
Tell ESA that her condition has worsened or a new condition has occurred, and request a reconsideration.
C) Close the claim, and start a fresh one.

The problem is that all of these will risk her award of the work-related group.

The interviews vary with person, they may be deferred if appropriate.

The advisor interviews are generally 15 minute talks with someone about your condition.
If they decide that you could benefit from help, they may refer you onto the work programme.

Is she also claiming DLA, if this is appropriate?

Patronus

rogerblack wrote: »

You can:
A) Appeal the tribunals decision on an error of law, or the grounds that their decision not to place her into the support group was completely unreasonable.
Tell ESA that her condition has worsened or a new condition has occurred, and request a reconsideration.
C) Close the claim, and start a fresh one.

The problem is that all of these will risk her award of the work-related group.

The interviews vary with person, they may be deferred if appropriate.

The advisor interviews are generally 15 minute talks with someone about your condition.
If they decide that you could benefit from help, they may refer you onto the work programme.

Is she also claiming DLA, if this is appropriate?

If the interviews are just 15 minute chats then she should be able to cope. I worry that if they start pushing towards getting her "ready to work" she will get stressed out. Don't want to risk her losing her benefit after she's just got it back.

Her DLA is suspended at the moment because someone reported her for "supplying false information" on the forms. :eek: They have very little evidence though so we're hoping that should be sorted in the coming months.

rogerblack

Patronus wrote: »

Her DLA is suspended at the moment because someone reported her for "supplying false information" on the forms. :eek: They have very little evidence though so we're hoping that should be sorted in the coming months.

See if there is anything useful in the tribunal findings (you should request a statement of reasons for the decision) which will support the DLA claim.

Cpt.Scarlet

Be aware that when you request a copy of the Tribunal's Statement of Reasons, a copy will be sent to the DWP as well, if they find any reason, and in most cases they do not, they can lodge an appeal to the Upper Tribunal without further action.