Got my ESA Tribunal Date but also have WCA for Universal Credit

jasonwatkins

Ok, this is probably going to get complicated but I'd appreciate an idiot guide if anyone has any knowledge of this.

Was on ESA for many years. Fought, and won, two previous WCA assessments and had my third in January this year. I was expecting the usual 0 points, but I was given 12 - still a fail. Went through the MR and fired off all of the relevant appeal paperwork for the tribunal hearing.

I didn't find this out until March this year and, after a lot of deliberation, calculations and everything else, I realised I had no choice but to go on Universal Credit.

I was told that i'd need another WCA for UC, which I accepted, and I was eventually given a date of next Wednesday.

Yesterday, however, I received the letter with a date for my tribunal hearing for ESA at the end of this month.

Now I know I can't go back on ESA, which I came to terms with back in March, but I'm really struggling to find out what happens.

I always assume i'll fail the WCA's, as I generally always do, so I'm assuming this will happen next week so what then happens if I attend the tribunal at the end of the month and I'm successful ?

Does one decision overrule the other ?

I will, of course, appeal the decision next week when I fail, so would this in itself affect the tribunal ?

I appreciate there might not be an idiot guide as such, but as near as possible will do

poppy12345

The decision on the new WCA will overrule the Tribunal decision.


If the Tribunal goes in your favour you'll be backdated the money owed to you from the date you were found fit for work for ESA.



If the WCA finds you fit for work then the backdated money will only be until the day you were found fit for work for the most recent WCA.


You may not even have a decision from this WCA until after the Tribunal decision because sometimes it can take a few weeks or more. If you do have a decision before the Tribunal, it won't influence the Tribunal decision.

jasonwatkins

So if I don't get a decision from the WCA immediately, I could, in theory, be successful at the tribunal and found with a limited capability to work but then the WCA then comes along and immediately overturns that and i'm right back to square one having to MR and appeal that ?

poppy12345

jasonwatkins wrote: »

So if I don't get a decision from the WCA immediately, I could, in theory, be successful at the tribunal and found with a limited capability to work but then the WCA then comes along and immediately overturns that and i'm right back to square one having to MR and appeal that ?

You won't have a decision on the WCA immediately. Which ever way you look at it the WCA decision overrules the Tribunal one. Yes, you'll need to request the MR for the new WCA if that doesn't go in your favour.

jasonwatkins

poppy12345 wrote: »

You won't have a decision on the WCA immediately. Which ever way you look at it the WCA decision overrules the Tribunal one. Yes, you'll need to request the MR for the new WCA if that doesn't go in your favour.

Thankyou. It just seems a bit crazy how the system works really.

The main thing for me is the aspect of Universal Credit basically leaving me alone. My "work coach" has implied in no uncertain terms that the gloves come off if this WCA goes against me and i'm absolutely terrified of being forced into a job that I'm not capable of.

At my age, with my lack of qualifications, there's not a lot of scope for anything and i'm absolutely scared witless of being told I have to take any paying job, even if it's roadsweeper or toilet cleaner or anything like that.

poppy12345

Claiming UC when you were found fit for work for ESA did complicate things even more. With the 5 week wait for your first payment for UC, you wouldn't have been without money for much longer than that. Sadly the damage is done now, as you know.



The WCA is about the work you can do, not what you can't do. Good luck for both.

jasonwatkins

Yes, i'm aware the UC was a rather massive spanner in the works but 5 weeks without money just wasn't possible unfortunately.

We'll see what happens ..

poppy12345

jasonwatkins wrote: »

Yes, i'm aware the UC was a rather massive spanner in the works but 5 weeks without money just wasn't possible unfortunately.

We'll see what happens ..

That really makes no sense because UC is also 5 weeks without money....

jasonwatkins

poppy12345 wrote: »

That really makes no sense because UC is also 5 weeks without money....

Unless you ask for an advance, which i had to do.

Alice_Holt

At least if your ESA tribunal is successful, you will have useful evidence with which to appeal the UC LCW decision.

Plus a successful tribunal decision may mean you then have a continuous ESA award.
If this predates April 2017 and if in the Support Group, then you could be entitled to additional UC monies for the period before the UC WCA.

The UC WCA won't affect the tribunal outcome, as the tribunal are looking at your condition and abilities at the date of the ESA decision.
However, if you are placed into the LCW / LCWRA do tell the tribunal this.

Are you fully prepared for the ESA tribunal hearing?
Submission sent to the TS along with evidence; notes / dairy prepared to help with your verbal evidence, etc?

jasonwatkins

Alice_Holt wrote: »

At least if your ESA tribunal is successful, you will have useful evidence with which to appeal the UC LCW decision.

Plus a successful tribunal decision may mean you then have a continuous ESA award.
If this predates April 2017 and if in the Support Group, then you could be entitled to additional UC monies for the period before the UC WCA.

The UC WCA won't affect the tribunal outcome, as the tribunal are looking at your condition and abilities at the date of the ESA decision.
However, if you are placed into the LCW / LCWRA do tell the tribunal this.

Are you fully prepared for the ESA tribunal hearing?
Submission sent to the TS along with evidence; notes / dairy prepared to help with your verbal evidence, etc?

Thankyou.

I did go to my local DIAL service for help with getting everything prepared and sent off so everything should be in order.

Mine isn't a complex claim in a sense, so it doesn't need mountains of paperwork anyway.

As far as the tribunal goes, I was only 3 points shy of the necessary score when I had the WCA in January so I'm hopeful that that won't be too much of a problem to overturn.