ESA Tribunal Again?

Alice_Holt

Yes the 6 month rule is no longer - it now has to be a new condition or a significant worsening.

You can have a representative, and a friend / relation / carer at the hearing.
Nothing to prevent you nominating your advocate as your rep.

SaveMeDo

I dug out the decision letter, I was wrong about the points, they gave me 15..

"Decision Notice
1. The appeal is allowed.
2 The decision made on ******** is set aside.
3. The appellant is entitled to Employment and Support Allowance ("ESA") with the support component.
4. In applying the work Capability 15 points were scored for 1a from activities and descriptors from schedule 22 of ESA Regulations 2008.
5. The following activity and descriptor from schedule 3 of ESA Regulations 2008 applied: Activity 1
6. The Tribunal recommends that the Department does not reassess the appellant within 12 months from today's date."

Hmm?

Alice_Holt

Activity 1 is mobilising:
1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

Does this still apply?

SaveMeDo

Hi Alice

Yes It still applies, though proving it would be more difficult this time.

I had loads of different issues, but I think they just ignored them, since I got the 15 points in one hit anyway.

When I get the MR result, what I will do is contact the consultant who was dealing will the various issues, and ask for a letter from them.

For other people to see the time scales...

I received ESA 50 form first week August 2017, Completed form and returned 20 August. It had to be back to them by 30 August.

I received appointment letter for medical 29 January (dated 29 January!) medical date 2nd February! So got the letter Monday, medical Friday.

I will update the dates as I go through the process, might be helpful to other people going through this awful thing.

Thanks for helping.

SaveMeDo

Update

Got a strange letter this morning from the DWP/jobcentreplus...

"from 9 april 2018 the rates of some SS benefits may change.
...
The attached sheet shows how we worked out your money..."

So I thought this is just the standard letter we get every year, but then it goes on to say...

"If you think this decision is wrong, please get in touch with us by phone or in writing within one month of the date of this letter. If you do not contact us within one month of the date of this letter, we may only be able to change the decision from the dat you contact us"

"You can appeal against this decision, but you can not appeal until we have looked at this decision again, We call this a Mandatory Reconsideration."

Then there is a paragraph about the MR proceedure.

On the sheet "How your ESA has been worked out, the ESA award"

"Living ex's £73.10
Extra money for Disabilitity Income Guarrantee £16.40
Extra money because you are in Support Group £37.65
Total £127.15

The amounts on this page apply from 12 April 2018."

I've left the stuff out that might identify me or is not really useful.

So, what does it all mean?

Alice_Holt

Hmm

"On the sheet "How your ESA has been worked out, the ESA award"

"Living ex's £73.10
Extra money for Disabilitity Income Guarrantee £16.40
Extra money because you are in Support Group £37.65
Total £127.15"

That would seem to indicate you remain in the SG.
And the bit about "You can appeal against this decision......" would seem to suggest it's a decision letter.

I'd be inclined to ring the DWP to get some clarification. Hopefully it is a letter confirming an unchanged award following your WCA.

SaveMeDo

Hi Alice

Yes very strange, the is only 3 sheets, and one doesn't really have anything on it, There is no mention of points.

The last time I failed the WCA they sent me a huge envelope with a book like report (full of lies BTW) The letter saying that my benefits have stopped and all the stuff to claim JSA/Housing benefit etc etc...

I will phone Monday to try and clarify that this is indeed a decision letter, although I'm afraid to get my hopes up until someone says in clear language that they have kept me on ESA.

Thanks for helping.

JJWSJS8700

I!!!8217;ve been waitng fir 21/2 years to be put in a group and still haven!!!8217;t been placed.

I received the same letter thinking I had been placed in a group after my assessment. Ii still have not, my Tribunal is next month.

I hope I am wrong.

SaveMeDo

Hi JJWSJS8700

I just read your thread, and your case, if you don't mind me saying, is very complicated and quite different to mine.

Anyway, I'll phone the free line (thanks Jeremy Corbyn) tomorrow and see what they say.

After re-reading the letter a dozen times, it can't really be anything other than a positive benefit decision notice.

SaveMeDo

Update

Phoned DWP, 20 min wait, but who cares when it's free!

Yes, I've been kept in Support Group, recommend re assessment 18 months.

I suspect I won't be sent for, for 3 years?

https://dpac.uk.net/2017/12/new-dwp-freephone-numbers-no-uc-number/

I used the Benefit enquiry line 08001690310.

So that's it, I expected this thread to run and run, but it seems the DWP do sometimes get it right.

BTW sorry for all the typo's and mistakes in my posts above.

And thanks for helping.