ANOTHER ESA TRIBUNERAL ... ( success)

asgards

Ok so my story started in july 2011 , attended atos interview ( depression sufferer for last decade ..) . I was awarded the 0 points etc etc.

November 2011 money was stopped placed on esa appeal rate until my tribuneral in DEC 2012.....

in dec 2012 i attended the tribuneral i, and was literally in the tribuneral for around 3/5 minutes and was told i could leave. I was advised tat i would not be given a decision straight away
but i would receive it in the next 2 /3 days . 2 days later reived my letter :

1. The appeal is allowed

2 . The decision made on xxxx is set aside

3. Entitled to Employment and Support allowance with support component.

4. This is because insufficient points were scored to meet the threshold for the work capability assessment , but regulation 29 of the ESA Regulations 2008 applied.

5. No descriptor from schedule 3 of the ESA regulations 2008 were satisfied but regulation 35 of the esa regulations 2008 applied.

6 , tribuneral recommends department does not reassess the apelleant for within 24 months .




Phoned the DSS to confirm this a few days later mon 17 to be exact and was advised that they have notes on their system and if i dont hear from them by end of the week to get back in touch .

expected backpay date end of january according to the lady .

Phoned back on thursday 20 th dec to check whether my money was going to be increased and check this out .....

WAS ADVISED: we have dealt with your claim your money is back to normal .. i said thank you . how long before my backpay is dealt with , he said " happy christmas mr xxx , we have dealt with your backpay on tuesday , your money will be in the bank tomorrow.
Have a nice christmas anything else i can help you with !!!

Ithought wow , whilst on appeal i was never greeetd by a happy dss worker on the phone.!

Complete and utter shock ....... i didnt even realise that a tribernal were totally independant of the dss. i thought they would be like the atos people !!

i've posted this to show to others that there is light at the end of the tunnel for them if they are truly unwell .

miduck

That is good news for you, but for future reference the word you are looking for is tribunal.

asgards

hence my entitlement for mental health problem is further concurred by yourself ??? on the basis that i am unable to copy one word from my award letter correctly without making an error ???

i am on a lot of medication mentally to be fair so what was it you said again ?

wayne0

asgards wrote: »

hence my entitlement for mental health problem is further concurred by yourself ??? on the basis that i am unable to copy one word from my award letter correctly without making an error ???

i am on a lot of medication mentally to be fair so what was it you said again ?

i dont think that he was aiming to be nasty, just the grammar / spelling police...

good news for you - but bear in mind: the backpay is counted as capital... and therefore the rates of "Savings" will apply if its over the thresholds... (im guessing this shouldnt take it over the limits though? but if it does because of existing capital just let the council/housing benefit etc know... (better safe than sorry n all))

jonliv

OP I am so happy for you .....well done.....and just before the festive period.......magic

Good Luck

Jono :beer:

Glen_Clark

miduck wrote: »

That is good news for you, but for future reference the word you are looking for is tribunal.

if you don't know what he meant by 'tribuneral' you are the thicko

asgards

thanks all for your kind comments ..