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ESA appeal won - but!

Hi guys. Just looking for confirmation that I haven't lost the plot! In July I had the atos IB - ESA WCA. Was given 8 points, not entitled to ESA and was paid assessment rate pending appeal. On 12th December I was notified that the Tribunal had decided no hearing was needed and they were able to determine the case based on the evidence provided. The decision states "Mr xxxx appeal is allowed. The decision of the Sec of State is not confirmed. He is entitled to ESA as he has limited capability for work related activity. He meets the terms of activity 1(a) of the schedule 2 descriptors and the terms of activity 1 of the schedule 3 descriptors".
It then goes on to list reasons for the decision and finishes by saying that no reassessment is appropriate for a minimum of 2 years from date of decision. Now, this means that I have been placed in the Support Group, right? On Friday (11th Jan) I got a letter from DWP saying that they would be paying arrears from July as I had been placed in the WRAG! This is obviously wrong - yes?

Comments

  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    pudsey wrote: »
    Hi guys. Just looking for confirmation that I haven't lost the plot! In July I had the atos IB - ESA WCA. Was given 8 points, not entitled to ESA and was paid assessment rate pending appeal. On 12th December I was notified that the Tribunal had decided no hearing was needed and they were able to determine the case based on the evidence provided. The decision states "Mr xxxx appeal is allowed. The decision of the Sec of State is not confirmed. He is entitled to ESA as he has limited capability for work related activity. He meets the terms of activity 1(a) of the schedule 2 descriptors and the terms of activity 1 of the schedule 3 descriptors".
    It then goes on to list reasons for the decision and finishes by saying that no reassessment is appropriate for a minimum of 2 years from date of decision. Now, this means that I have been placed in the Support Group, right? On Friday (11th Jan) I got a letter from DWP saying that they would be paying arrears from July as I had been placed in the WRAG! This is obviously wrong - yes?
    Activity 1 of schedule 3 is for the Support Group, sounds like they stopped reading after the 1a.

    You need to give the DWP a ring and point out the error.
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