IB to ESA - Appeal won at last but ...

nobby1963

Hi All,

Finally had my appeal last Friday and got letter yesterday saying I had won my appeal.
This was after a previous appeal was adjourned on the day due to them not having medical evidence.

The letter says :

The appeal is allowed.
The decision made on 21/05/12 is set aside.
The appellant is entitled to Employment and Support Allowance with the work-related activity component.
This is because in applying the Work Capability Assessment 15 points were scored from the activities and descriptors in Schedule 2 of the blah blah blah...

No Schedule 3 descriptor applied.

The tribunal recommends that the department does not reassess the appellant within 24 months.

So can I ask those that know please,

Prior to the ATOS medical in April last year I had been on I.B. since an accident at work in 2004. As best as I can remember my IB was around £105 'ish a week. I have been on around £71 a week since the medical with ATOS and failed assessment for ESA.

Questions;

Was does the decision mean with regard to me having to do i.e. will I need to go to the Job Centre periodically ?

I guees I will be entitled to a back payment of the difference in my monies received ?

Many Thanks in advance & to those still fighting don't give up !

Torry_Quine

nobby1963 wrote: »

Hi All,

Finally had my appeal last Friday and got letter yesterday saying I had won my appeal.
This was after a previous appeal was adjourned on the day due to them not having medical evidence.

The letter says :

The appeal is allowed.
The decision made on 21/05/12 is set aside.
The appellant is entitled to Employment and Support Allowance with the work-related activity component.
This is because in applying the Work Capability Assessment 15 points were scored from the activities and descriptors in Schedule 2 of the blah blah blah...

No Schedule 3 descriptor applied.

The tribunal recommends that the department does not reassess the appellant within 24 months.

So can I ask those that know please,

Prior to the ATOS medical in April last year I had been on I.B. since an accident at work in 2004. As best as I can remember my IB was around £105 'ish a week. I have been on around £71 a week since the medical with ATOS and failed assessment for ESA.

Questions;

Was does the decision mean with regard to me having to do i.e. will I need to go to the Job Centre periodically ?

I guees I will be entitled to a back payment of the difference in my monies received ?

Many Thanks in advance & to those still fighting don't give up !

You will get money back-dated as you have an entitlement to the same amount you got on IB. However as it's the WRAG that only gives you a one year entitlement before becoming income based and that sounds like the year is almost up. Do you have a partner and or savings as that will affect if you can get income based?

Yes you will have to attend meetings at the Job centre and may have to go onto the work programme.

helentay_2

Torry_Quine wrote: »

You will get money back-dated as you have an entitlement to the same amount you got on IB. However as it's the WRAG that only gives you a one year entitlement before becoming income based and that sounds like the year is almost up. Do you have a partner and or savings as that will affect if you can get income based?

Yes you will have to attend meetings at the Job centre and may have to go onto the work programme.

Most people don't like that idea and appeal the decision to try and get into the Support Group. As the poster can't do that, they will presumably have to report a deterioration of an existing condition or a totally new one.

Parva

helentay wrote: »

Most people don't like that idea and appeal the decision to try and get into the Support Group.

Again, facts and figures please..... Won't hold my breath.

JS477

Parva wrote: »

Again, facts and figures please..... Won't hold my breath.

From the Time Limiting of CB ESA DWP impact assessment.

"People may object to being placed in the WRAG due to the time limit. As a result, the number of appeals against being placed in the WRAG rather than the Support Group may increase. This would increase administrative costs from administering these additional appeals. Some of these appeals are likely to be successful, placing people back on contributory benefit which would reduce the benefit savings estimated. The scale of this change of behaviour is very difficult to estimate at this stage. The administrative cost estimates
include an assumption that 50% of those affected will attempt to appeal their WRAG decision but it is too uncertain to determine what proportion will be successful. These assumptions will be monitored as more evidence becomes available."


Maybe there are more accurate figures available today from the Tribunals Service.