won esa tribunal... "hurray" but not wished outcome > any chance ?

Bananas123

hello,

i won my tribunal today.... but got re- WRA grouped (was aiming for support, but hey ho.... still awaiting diagnosis for some things).

questions please:

as there is no "error of law"(i just did a crap job) is this me "stuck" in the WRA again ? basically ? (i do not wish to go to upper tier for error of law).

also, if i get diagnosis (accounting for evidence towards functional ability, that i couldnt prove this time), can i report a change in circumstance and go again for the support group ? (on account it is a change, because it was not considered this time?)

or do i wait until next reassessment, for a new opportunity to be grouped ?

thanks for any help.

regards

nannytone_2

you can ask for a supersession.
you need to do this in writing detailing the changes and why you feel you meet the criteria for the support group.
you also need to evidence this change.

there is no time scale for them to make a decision and payment wouldn't be backdated from the day you asked them to reconsider, but from the date they make the decision

Bananas123

thankyou nannytone!

your help is most appreciated!!!

especially what with me being a !!!!ing dickhed, to you, and myriad others, previously (sorry)

will try that..

i got WRA'd on the assumption health may improve (1 year (+ guessing with all the backlogs now being rammed through the system, presumably...) but i wasn't doing a good job of explaining and dont have diagnosis...

which may suggest it may not improve...

so i will try that, if the diagnosis doesn't take longer then the reassessment... thankyou.

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the tribunal people were very very good for anyone wondering (although obviously bias from positive outcome)

it was like a genuinely good G.P. (obviously asking their own questions, not seeking to remedy your problems...) and a judge, who didn't really say anything.... (think he was just watching to see if i was a "lier" kind of thing...)

also the clerk seemed genuinely happy to say "good news your appeal was successfull"

("get out of the building")

nannytone_2

being placed in the WRAG has absolutely nothing to do with being able to return to work at any point in the future. it is all about which descriptors you do or do not mee.

you need to look at the support group descriptors and decide which one/ones apply to you.
you then need to gather evidence that supports this

IAmWales

Keep in mind that a supersession could result in no award at all, so as nannytone suggests you need to look at the descriptors and decide whether you fit them.

Have they recommended that you are reassessed in a year? If they've not stated otherwise that goes from the date of the original decision, so it may not be long until you receive another ESA50 anyway.

Alice_Holt

Here are the SG descriptors:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
Regulation 35 info:
http://www.cpag.org.uk/content/making-exception

I assume from your post that the DWP assessed you as as fit for work. The tribunal changed that decision and awarded you ESA in the WRAG group. You had hoped the decision would be to place you in the SG?
Did you have any help with your appeal from an advice agency?
If so, have you asked your question of them?
Did you address the SG descriptors in the tribunal hearing?
Did you have strong medical evidence indicating that you fit into the SG descriptors?

I would advise you to be cautious.
A supercession should be requested if your conditions worsen and you now satisfy the conditions of a difficult group / component. Don't ask for a supercession just because you disagree with the tribunal's decision. A diagnosis wouldn't necessarily be accepted as evidence that your condition had changed since the tribunal. You would need medical evidence to show a changed or deteriorating health condition, which means you now satisfy a SG crieria. Do consider that the DWP may go back to their assessment and declare you fit for work (a supercession request enables them to revisit your current award), and you may have to appeal again to get back the award given to you at tribunal.
https://www.citizensadvice.org.uk/benefits/benefits-introduction/problems-with-benefits-and-tax-credits/challenging-a-benefit-decision/challenging-a-dwp-benefit-decision-on-or-after-28-october-2013/changing-a-benefit-decision-by-revision-and-supersession/changing-a-dwp-benefit-decision-by-supersession/

Are you receiving DLA / PIP ?

I'd be inclined to accept the tribunal decision (as they are usually very thorough), and when the renewal comes round put in the strongest case you can to get into the SG by:
1) understanding the SG descriptions, and explaining fully on the ESA50 form why you should be assessed in this group. Have examples / illustrations to give. (Be aware that the form does not ask about risk to health (Reg 35) so this needs to documented on the 'Other Info' pages).
2) having relevant medical evidence relating to the SG descriptors to submit with the form.
3) getting help from an advice agency to complete the form.

If you are really think the tribunal made an incorrect decision, you may want to ask for a Statement of Reasons from the TS.

Bananas123

thanks i will attempt to get the SOR.

i am lacking in medical evidence... (as awaiting diagnosis)

although, did provide "around the houses" evidence.... which they obviously didn't bother referencing as too convoluted....

the dwp also dirty tricked them/me, with enclosing my original claim from 2012... (i think there was 150+ pages (...now rotting away in the compost))

(i wouldn't have bothered reading it either.............)

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....happy currently to just have a "break".

thanks for the advice.