esa appeal won

tracy0770

hi i won my appeal at tribunal other day

1. the appeal is aloud

2. the decision made on the 7" december 2011 is set a side.

3. is entitled to esa work-related activity componment.

4. 10a 15 points

5. no schedule 3 descriptor applies.

6. the tribunal recommends that the department does not reassess the appellant with in 12 months.

decision notice issued to appellant and respondent 27th march 2013

what happends now, do they have to repay me what they owe, and how long does it all take, thank you

Horseunderwater

Have you been getting the assessment rate since your original failure? If so then you will get the difference between the £67.50-£71 from then till now. So a fairly large sum. £26.75 for any due in 2011/12 and £28.15 in 2012/13(52 weeks). It may take a few weeks to sort it all out. Did you get a copy of the tribunal decision yesterday if so get a copy and send it to the DWP BCentre to make sure they have a copy on record as soon as you can.

tracy0770

yes i got assessment rate £71pw, will post acopy to them tomrrow, got no idea how much i am due back, thank you for reppling

Horseunderwater

It would be circa £1463.80 for the year 2012/13 + any due from 2011/12.

epitome

You can't post them your own photocopy,

You can ask the jobcentre to give you a verified photocopy and post that -which could take over a week to arrive- or ask the jobcentre to email/fax it.

HB58

Please note that the tribunal's suggestion regarding reassessment is nothing more than that. The DWP are free to ignore this and, in practice, frequently do so!

tracy0770

thank you, will go today get it faxed over to them. i also asked when at tribunal do i need send another sick note as mine runs out on 18/04/13
they said as soon as go tribunal no longer need hand in sick notes as thats why you went tribunal in first place.
just won my dla also, need carer for when i go out as sensory impaired, last time was in wrag they just told me stay home and we will phone just make sure i was ok, they were ones that got me in touch with welfare rights to appeal and i won,

flight747

They will put u onto the work programme for 2 years and that's what the jobcentre will do this to everyones who are on wrag will put into WP.

Pink_Fizz

epitome wrote: »

You can't post them your own photocopy,

You can ask the jobcentre to give you a verified photocopy and post that -which could take over a week to arrive- or ask the jobcentre to email/fax it.

Yes you can, when I won my esa tribunal I was still waiting over six weeks later for my back payment. When I phoned to see how much longer it would be they asked me to send a copy in as they said they hadn't heard and I got my back payment within a few days.

Horseunderwater

flight747 wrote: »

They will put u onto the work programme for 2 years and that's what the jobcentre will do this to everyones who are on wrag will put into WP.

No they won't - she is in WRAG ESA not on JSA. All she will need to do is attend Work focused interviews as and when her Job centre write and give her one for approx 15 minutes at a time.
Stop scaring people.

flight747

Horseunderwater wrote: »

No they won't - she is in WRAG ESA not on JSA. All she will need to do is attend Work focused interviews as and when her Job centre write and give her one for approx 15 minutes at a time.
Stop scaring people.

then how come jobcentre force me into work programme when I won the appeal at the tribunal last year for ESA WRAG. ??