Appeal won now what

Legacy_user

Hi
Wife failed her esa WCA and was put on esa assessment rate while waiting for appeal tribunal.
Finally went to court today and won.
But will the dwp now force her to go on uc or can she stay on esa?

poppy12345

trev1865 wrote: »

Hi
Wife failed her esa WCA and was put on esa assessment rate while waiting for appeal tribunal.
Finally went to court today and won.
But will the dwp now force her to go on uc or can she stay on esa?

Great news. She won't be forced onto UC.


If any backdated money is owed then it can take 5-8 weeks for this to be paid. Then she just needs to wait for the award to be put into payment. She'll need to continue to send those fit/sick notes until she hears from DWP.

System

That is a relief..thanks

System

Just realised they haven’t specified if she is still in the support group.just says referred to the Secretary of State.
How will she know which group she’s in?

calcotti

I would expect the tribunal decision to say what group she has been placed in.

Csmk

If it's been referred to the secretary of state then there may be more things to be decided in terms of contribution/income related entitlement, premiums etc. The Tribunal have made a decision on entitlement that your partner gets ESA but the DWP need to work out how much is paid based on the circumstances.

Does the decision mention any points scoring? Or reference a 'Schedule 2' or 'Schedule 3' on the decision? Or does it mention Regulation 29 on the decision notice? Does it state that your partner shouldn't be assessed for a certain period of time?

System

15 points ..mentions section 2 and 3 satisfied.
It recommends no reassessment ( presumably ever)

Csmk

Is that 15 points on a single activity? If it is, then it's the Support group. If the judge says your partner meets Schedule 2 of the ESA regs, then there's limited capability for work, with a schedule 3 decision, there's also limited capability for work related activity (Support Group!).

System

yes 15 points for 1 activity so from what you say shes definatly staying in support group ( unless dwp appeals)?
thanks

System

update..we rang yesterday and dwp were able to give us all the details on how much her new payments were and they would start on the correct date of july 29th.also how much backdated benefit she would get.this was all set up just 7 days from her tribunal.amazingly this morning her backdated benefit was in the bank! so 8 days from tribunal decision.when average time seems to be 6-8 weeks i was impressed.only slight downer tribunal recommended no more assesments but they set it at 3 yrs