ESA Appeal - Allowed by HM Courts & Tribunals Service

nero33

My husband was on ESA. He had an assessment after completing an ESA50 Form in April 2019 and the ESA was immediately stopped.

We were shocked at this decision. He scored ZERO points.

We asked for Mandatory Reconsideration which also came back unsuccessful so we appealed via HM Courts & Tribunals Service.

On 19 Sept they wrote to us to say that the appeal had been ALLOWED and they stated their reasons why it was ALLOWED and that it was recommended my husband not be asked for an assessment for 24 months. They adjusted his points to 15 in total.

But my understanding of the letter is that they can't enforce this on the DWP? Am I correct in this understanding?

What happens next and what are the timescales? Do we have to contact DWP now?

Thanks

poppy12345

Which group was he placed into? Was he claiming Income Related or Contributions based?



The timescale can't be enforced because they can re-assess him anytime from 3 months.



The group that he's been placed into, the DWP have as much chance as we do to appeal the decision. To do this they must first request the Statement of Reasons (SOR) and they have 1 month from the date of the decision to request this. Once they receive it they must find an error in law before they can appeal the decision.



They sometimes request the SOR but rarely appeal the decision. If they request it, they will contact him.


It can take between 2-8 weeks to put the award into place and about the same time to receive any backdated money. He needs to continue to send in those fit notes until he hears from DWP. There's no need to contact DWP because HMCTS will have already done that.

nero33

Poppy, he's was receiving Income related ESA.

He's never submitted any type of sick/fit note before.other than 1 when the initial ESA claim was made - nothing since.

So should he go to his GP and take in the Tribunal Hearing letter and then request sick/fit notes? They are fully aware of his health issues/history

Would they have to be dated from April 2019 onwards? Thanks again

calcotti

As asked by poppy, what ESA Group was he in and what Group has he been placed in? If he is in the Support Group Fit Notes are not required.

What have you been living off during the appeal process? If you have claimed UC he cannot return to income based ESA.

nero33

I believe its the WRAG.

We did not receive any other benefit when ESA was stopped nor did we apply for anything else like UC or JSA. We lived off Standard Rate of PIP/Carer Allowance and my limited income - I work 10 hours per week

poppy12345

nero33 wrote: »

I believe its the WRAG.

We did not receive any other benefit when ESA was stopped nor did we apply for anything else like UC or JSA. We lived off Standard Rate of PIP/Carer Allowance and my limited income - I work 10 hours per week

This means that he won't receive any extra money each week because his claim started after April 2017. As you're claiming ESA as a couple then you'll remain on £114.85 per week.



The Carers allowance will be deducted from that and a carers premium will be added. £20 of your earnings will be disregarded but the rest will be deducted £1 for £1.



This means that you won't be left with much ESA per week. It maybe better if you claimed UC instead, if you're going to continue to work. His ESA award will be honoured in UC.


Fit notes are not required.

nero33

The final total per week has been determined as £48 per week (and they have back paid the amount that was owing from April to Oct)

You think it would be more per week under Universal Credit? Is there a component of UC that takes into account illness etc?

Child benefit / Tax credits is not a factor for us.

He received a letter from Job Centre today asking to attend an appointment in 2 weeks to discuss work options etc

calcotti

nero33 wrote: »

You think it would be more per week under Universal Credit? Is there a component of UC that takes into account illness etc

Poppy didn’t say you would get more on UC, she said you might.

UC does include extra money for people who have Limited Capability for Work and Work Related Activity (equivalent to ESA Support Group). There is no extra money for Limited Capability for Work only (equivalent to the ESA WRAG).

There are benefit calculators that will allow you to compare benefit entitlement https://www.gov.uk/benefits-calculators. Alternatively you can go to a local Citizens Advice or other advice agency for a benefit check.