ESA payments while appealing

dreamylittledream

Mr_Majeika wrote: »

Mandatory Rec as Poppy mentioned are very rarely turned around in favour of the claimant.

If you are forced and/or decide to go to Tribunal, make sure that you ask the DWP for a copy of the Medical Report Assessment - named ESA85.
This is a report from the Medical Professional that carried out your assessment and the points they gave you.
ESA85 medical report is very useful in Tribunals.

Good Luck.

On average between 20 & 30% of decisions are revised at MR stage.

Of course the subsequent overturn rate at Tribunal is more like 60%

minimad1970

dreamylittledream wrote: »

Oh and to answer your question he would need to apply for the work to be considered under the permitted work rules once he is back in receipt of some form of ESA - until that points its irrelevant.

Thanks for your advice. He starts his work placement tomorrow, it will be finished by the time he gets a tribunal date. So should he just not mention it? He's very concerned about doing the correct thing and not breaking any rules.

dreamylittledream

minimad1970 wrote: »

Thanks for your advice. He starts his work placement tomorrow, it will be finished by the time he gets a tribunal date. So should he just not mention it? He's very concerned about doing the correct thing and not breaking any rules.

As he's currently not receiving any ESA its irrelevant if he is doing any form of work

Once he is back in receipt he will need to declare it

minimad1970

dreamylittledream wrote: »

As he's currently not receiving any ESA its irrelevant if he is doing any form of work

Once he is back in receipt he will need to declare it

Thanks. If his appeal is accepted and his ESA is reinstated(at assessment rate), should he then tell them about the work he's done? Sorry for all the questions I just want to reassure him that he's doing nothing wrong.

poppy12345

dreamylittledream wrote: »

On average between 20 & 30% of decisions are revised at MR stage.

Of course the subsequent overturn rate at Tribunal is more like 60%

Not quite right. Only 18% of MR decisions change. 71% of those who appear at their Tribunal have a decision in their favour.

dreamylittledream

poppy12345 wrote: »

Not quite right. Only 18% of MR decisions change. 71% of those who appear at their Tribunal have a decision in their favour.

Old figures

poppy12345

dreamylittledream wrote: »

Old figures

Do you have a link to prove those new figures? I can't seem to find anything.

Alice_Holt

dreamylittledream wrote: »

Old figures

Out of interest, where are you getting your figures from?

The percentage of decisions overturned at tribunal varies considerably according to the type of benefit appealed. I would
suggest that quoting an overall percentage is less useful than referencing the overturn percentage relating to
the specific benefit in question.
For ESA (for subject of this thread) the overturn percentage for the quarter to Sept 2018 (published 13th Dec) is currently 72%.
Interestingly PIP overturn rates are also at 72%. This is a increase on the previous quarter for both ESA and PIP by around 1%.

You can find this at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/766114/Tribunal_and_GRC_statistics_Q2_201819_revised2.pdf
(Tribunals and Gender Recognition Statistics)
Page 3 sets out the latest overturn rate by benefit type for social security appeals.

calcotti

And if I’m reading this right in July 2018 22% of ESA MRs resulted in a revised decision https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/740288/esa-wca-summary-september-2018.pdf#page7

I would have thought there would have been another release of data since then but I couldn’tfind it.

Regardless of exact figures we can all agree that a relatively small proportion of MRs result in change whereas the success rate at appeal is high (shockingly so given the underlying implications of that).

poppy12345

Alice_Holt wrote: »

Out of interest, where are you getting your figures from?

The percentage of decisions overturned at tribunal varies considerably according to the type of benefit appealed. I would
suggest that quoting an overall percentage is less useful than referencing the overturn percentage relating to
the specific benefit in question.
For ESA (for subject of this thread) the overturn percentage for the quarter to Sept 2018 (published 13th Dec) is currently 72%.
Interestingly PIP overturn rates are also at 72%. This is a increase on the previous quarter for both ESA and PIP by around 1%.

You can find this at:
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/766114/Tribunal_and_GRC_statistics_Q2_201819_revised2.pdf
(Tribunals and Gender Recognition Statistics)
Page 3 sets out the latest overturn rate by benefit type for social security appeals.

Thanks Alice, that's exactly what i thought.