ESA payments while appealing

Alice_Holt

calcotti wrote: »

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).

Absolutely. Couldn't agree more, calcotti.

It is a sad reflection on the shockingly poor standard of DWP MR processes / decision making that the success rate at appeal for rejected MR's is 72%.

I was interested in these comments by a Tribunal Judge:
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad

calcotti

Alice_Holt wrote: »

Absolutely. Couldn't agree more, calcotti.

It is a sad reflection on the shockingly poor standard of DWP MR processes / decision making that the success rate at appeal for rejected MR's is 72%.

I was interested in these comments by a Tribunal Judge:
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad

I remember reading that. Taxpayers should also be outraged at the cost of running a tribunal system to correct errors at the DWP. The DWP say the high success rate does not reflect bad decision making but results from additional evidence not available to the original Decision Maker!

WhenIam64

The DWP say the high success rate does not reflect bad decision making but results from additional evidence not available to the original Decision Maker!

It's not just with DWP cases. There are lots of times when a Court or Tribunal appears to come to an "unfair" decision. When looked at in the light of day, it all comes down to proper preparation and an understanding of the processes. Judges (or the DWP) can only decide on what's in front of them in the form of evidence. They can take verbal (and visual) evidence into consideration but it has to be balanced.

The courts and tribunals do a fantastic job against a background of diminishing funding. Hopefully when the full digital courts come online, then forums like this can help applicants navigate the processes better ... or I may just be too optimistic.

calcotti

But in the case of the DWP we know that their ‘defence’ is disingenuous. They consistently ignore the evidence they already have placing over reliance on the assessment reports rather than treating that as one bit if the evidence base and they then consistently ignore additional evidence provided at MR stage.

Iwanttobefree

Alice_Holt wrote: »

He can have his ESA payments restarted (at the assessment rate), once the appeal is lodged with the Tribunal Service. He will then stay on ESA pending the tribunal hearing (submitting fit notes)[/B]

What do you mean by "the assessment rate", is this the rate you were previously getting on ESA?

I was getting around £106 a week in the support group, and while my first tribunal was going through, this dropped to just over £70 which was only payable for a year. Hence while waiting for my 2nd tribunal, I haven't received a penny as the year is long up.

Just want to make sure they've paid me what they should have.

sportsarb

calcotti wrote: »

I remember reading that. Taxpayers should also be outraged at the cost of running a tribunal system to correct errors at the DWP. The DWP say the high success rate does not reflect bad decision making but results from additional evidence not available to the original Decision Maker!

I’ve no idea what % it would be but some % of people do tend to provide info for the first time at the tribunal.

I tend to think it’s still the departments fault for not making it clearer, or easier, to provide early info. And I’ve never heard a DM call but they probably don’t make it clear either before disallowing.

Even though I’ve been ‘inside the system’ my instinct was to get the ESA50 back immediately and not worry about getting additional info in straight away but in doing so, they might make the decision before I get any further info to them.

minimad1970

Iwanttobefree wrote: »

What do you mean by "the assessment rate", is this the rate you were previously getting on ESA?

I was getting around £106 a week in the support group, and while my first tribunal was going through, this dropped to just over £70 which was only payable for a year. Hence while waiting for my 2nd tribunal, I haven't received a penny as the year is long up.

Just want to make sure they've paid me what they should have.

The assessment rate is about £73 a week, it's the amount you received when you first applied for ESA.

JaneDoeJohnDoe

Would that rate be backdated to cover the MR period too once appeal is accepted irrespective if appeal is won or lost?

poppy12345

JaneDoeJohnDoe wrote: »

Would that rate be backdated to cover the MR period too once appeal is accepted irrespective if appeal is won or lost?

Yes but you'll need a sick note backdated to the date you were found fit for work and keep sending them until the Tribunal make a decision.

minimad1970

poppy12345 wrote: »

Yes but you'll need a sick note backdated to the date you were found fit for work and keep sending them until the Tribunal make a decision.

poppy, I assume you send the fit note once you hear that your tribunal application has been accepted, but where do you send it to? Thanks.