Won ESA appeal, what happens now?

trenzalore_2

As the title says I have recently won my ESA appeal after attending a tribunal. The judge said that they would pass all the information on the the DWP and I didn't need to do anything but a friend told me that I should still be getting sick notes from my GP until the DWP confirm they have accepted the tribunals decision.

I have searched online but can't seem to get a definitive answer as to what I need to do, there is a lot of information about sick notes before tribunal but not much about immediately after the tribunal if successful.

Does anyone here have experience of what you need to do after winning a tribunal in regards to continuing to supply sick notes?

rogerblack

After the decision, you are not required to keep supplying sicknotes - if the decision is accepted by the DWP.
In practice, phone and ask. If there is a delay, your payment may stop.

The DWP can apply to the tribunal for a statement of reasons if they want to understand why the decision was made, and can challenge this decision in the upper tribunal.
If they decide to do this, it may be several months until that hearing.
You do not as I understand it get any backpayment that may be due if the DWP decide to contest the tribunals decision, until the upper tribunals judgement, but remain on assessment rate, and are required to send in fit-notes.

trenzalore_2

Thank you for your reply. I will phone and ask I can't risk my payments stopping as I have 2 children to provide for and no other means of income.

Just out of curiosity do the DWP often refuse to accept the appeal decision?

sja75

After I won my tribunal it was suggested to me to keep giving the DWP sick notes until such time they update your award on the system.

That way you are covering yourself ensuring payments are not disrupted in the interim.

Congratulations on your appeal.

sja75

trenzalore wrote: »

Thank you for your reply. I will phone and ask I can't risk my payments stopping as I have 2 children to provide for and no other means of income.

Just out of curiosity do the DWP often refuse to accept the appeal decision?

As I understand it the DWP rarely contest the appeal decision.

trenzalore_2

Thank you, I have an appointment to see my GP tomorrow so I will ask for another note then and send it in to cover myself. Its comforting to know that the DWP don't usually contest, it has taken a year to get to tribunal so far, I couldn't face going through all that again and waiting another year.

sja75

Whilst the DWP will leave you alone for awhile prior to another ESA50 there is something you ought to know. If you was unaware that is.

If you received a copy of your Decision Notice at tribunal you will note a 'recommended period that the department do not reassess'. This is purely a recommendation, the DWP do not have to adhere and can reassess at anytime.

Even if the DWP accept that recommendation they will process it from the date to that of your original ESA application. Not that of the date of the tribunals decision unfortunately.

trenzalore_2

sja75 wrote: »

Even if the DWP accept that recommendation they will process it from the date to that of your original ESA application. Not that of the date of the tribunals decision unfortunately.

Oh dear, the date of my original application was over a year ago and the tribunal recommended that I don't be assessed again for 12 months, so does that mean I'm going to get reassessed right away?

I think I'll end up killing myself if I have to go through the process again right away, its just too much to bear.

Horseunderwater

This is what I understand happens - When you win your tribunal and are placed in either the WRAG or the Support group, then you get a copy of the decision and DWP should also get one within 10 days. So you need to give them 10 days to get their copy. It is normally sent by snail mail, hence long time.
If as I suspect you are in the WRAG group you will be given what is called a year on contributions type ESA, which obviously has now passed, so you should now be switched over to income related ESA and the ESA will continue for up to 2 years from original decision. Hopefully that will mean for you sometime in next 12 months plus that you get sent another ESA50. Next time you will know exactly what to fill in and how detailed you need to be, so can be prepared well in advance this time.

trenzalore_2

I hope you are right Horseunderwater, I really can not go through the last 12 months again. It's hard enough being ill without the added pressure of medicals, being called a liar and then playing the juggling game of getting sick notes in to the DWP, then hoping they don't go missing/don't arrive as has happened to me 5 times now.

I will get another sick note from my GP tomorrow and that should cover me until the DWP gets all the relevant paperwork. He's very supportive so I know he'll be willing to give me as many notes as necessary until this is all sorted or I'm well again, which ever happens first!

trenzalore_2

Update.

I phoned and was told that they had received the appeal decision so I didn't need to send in a sick note. I got one off my GP and sent it in anyway just to cover myself.

Fast forward to the date my next payment was due and no payment arrived, got back on to the phone to them and was told that the reason I didn't get a payment is because they were in the process of working out what arrears I was due to. I couldn't believe what I was hearing, because they owed me money they didn't pay me at all!

The woman I spoke to said that she would arrange a same day payment for my fortnightly payment, but would need to arrange that with my local benefits office, and that someone from there would phone me.

Someone did and said that they couldn't do a same day payment it would take between 3-5 days. Checked my bank this morning and not only had they paid my fortnightly benefit they also paid over £1000 in arrears.

I'm massively relieved as I had heard that it could take months for them to sort everything out.