ESA appeal tribunal in two weeks .. have a few questions ..

benefitbaby

Congratulations, a well deserved win just a shame it took so long.

jasonwatkins

I'm just trying to read up on what happens next and trying to ascertain what happens with regards to money (as I suppose most people do in this situation ).

I was originally on Incapacity Benefit when I attended my "medical" last October and when I appealed, I was moved to the ESA Appeal rate which, as far as I remember, ran concurrently so I had no break in payments. Does this mean that the 13 week assessment period doesn't apply to me ?. It's 46 weeks from the date I failed the "medical" until now, so assuming the "new" benefit I will be placed on is £99 a week, as I understand it, that would be 46 weeks x £28 (which would be the difference between the appeal rate and the new rate), which would mean a backdated payment of £1,288. If that's right ?.

Thanks again nice people

wants.to.be.debt.free

Hello Jason and may i say a big congratulations on winning your appeal

When i won my appeal when i went from IB to ESA - They paid me the extra money from assesment rate to the old IB rate from the date i was found fit for work.

You are correct that the 13 week assessment period doesn't apply to you and you will recieve 46 weeks x £35.40 (The difference between my IB £106.40 and ESA £71) = £1628.40

You can now relax for a while

All the best for the future

jasonwatkins

wants.to.be.debt.free wrote: »

Hello Jason and may i say a big congratulations on winning your appeal

Thankyou

wants.to.be.debt.free wrote: »

When i won my appeal when i went from IB to ESA - They paid me the extra money from assesment rate to the old IB rate from the date i was found fit for work.

You are correct that the 13 week assessment period doesn't apply to you and you will recieve 46 weeks x £35.40 (The difference between my IB £106.40 and ESA £71) = £1628.40

You can now relax for a while

All the best for the future

Thanks ever so much for that. I'll have to keep an eye out for the paperwork now and make sure the DWP don't forget about me

jasonwatkins

Ok, I've just got the paperwork through the post.

It appears, if I understand this correctly, that I still didn't score any points but I was awarded the decision under "exceptional circumstances". So benefitbaby called it correctly

It says "..insufficient points were scored to meet the thresholds for the Work Capability Assessment, but Regulation 29 of the ESA Regulations 2008 applied".

Also that "No Schedule 3 descriptor applied"

It also recommends that I am reassessed "within 18 months from the date of the decision" so I suspect it'll be booked next week .. heh

Muttleythefrog

jasonwatkins wrote: »

Ok, I've just got the paperwork through the post.

It appears, if I understand this correctly, that I still didn't score any points but I was awarded the decision under "exceptional circumstances". So benefitbaby called it correctly

It says "..insufficient points were scored to meet the thresholds for the Work Capability Assessment, but Regulation 29 of the ESA Regulations 2008 applied".

Also that "No Schedule 3 descriptor applied"

It also recommends that I am reassessed "within 18 months from the date of the decision" so I suspect it'll be booked next week .. heh

My reading of this is probably no WRAG descriptors applied (or insufficient) so no standard qualification for WRAG.
No Support group descriptors were found to apply so no standard qualification for S. Gp.
Regulation 29 applied which is

(a)the claimant is suffering from a life threatening disease in relation to
which


(i)there is medical evidence that the disease is uncontrollable, or
uncontrolled, by a recognised therapeutic procedure; and


(ii)in the case of a disease that is uncontrolled, there is a reasonable
cause for it not to be controlled by a recognised therapeutic procedure; or





(b)the claimant suffers from some specific disease or bodily or mental
disablement and, by reasons of such disease or disablement, there would be a
substantial risk to the mental or physical health of any person if the claimant
were found not to have limited capability for work

It means you've been found eligible for WRAG under that exceptional circumstances criteria. Interesting... and it does seem a logical outcome from the outside. The 18 months... I understand the DWP don't have to accept that recommendation... so you might be right.. reassessment could come sooner rather than later... but at least now you have specific focus.. you know how you will continue to qualify.. just make your case accordingly at reassessments... slap in a copy of the tribunal decision with completed ESA50s... along with other evidence.

refer. http://www.legislation.gov.uk/uksi/2008/794/regulation/29/made

jasonwatkins

thankyou for that, it does make sense now. I'd like to hope I won't have a rapid turnaround and be reassessed before christmas, but i suppose it wouldn't surprise me ..

i've posted a copy of the tribunal decision directly to my local DWP office today so with any luck, it might all be sorted in time for the next payment run. i'm due to be paid on monday, so hopefully the one after that will be the one - that'll give them just under 3 weeks.