ESA Appeal

lhowells

I was in receipt of ESA (support group) until Jan 2019 when I was moved into the WRAG. I did an MR, followed by an appeal. March 2020 I had another medical, no response etc from DWP so presumed it was due to the corona lockdown. I had my tribunal last week, was put back into the support group, backdated to Jan 2019, with a recommendation from the tribunal that I have no further medicals until August 2022. I have since been told the following by the DWP and hope someone may be able to help:
1. My appeal was successful so I will get backdated support group from Jan 2019 - April 2020 when I was put into the WRAG group at medical. I now need to put in a new MR, followed by an appeal if the MR fails to go back into support group from April 2020 ongoing.
2. Received a phonecall from a manager at the DWP that day after saying I had been misinformed and was having support group backdated to Jan 2019, ongoing until a new medical in 2022 as I should not have been called for a medical whilst I had an appeal pending.
3. Had a letter today confirming #1. 
4. Contacted DWP to find out what was going on - apparently the manager misinformed now and we were back to the MR/appeal situation again.

I have made a formal complaint, said I want an MR done, want a manager's call back as not happy and also contacted my MP. I don't want to be stuck in the situation of medical every year, stuck in WRAG then having to wait for a tribunal to go back into support group.
Does anyone know the correct procedure as obviously the DWP don't!
Thanks

Alice_Holt

Sorry, I don't know the DWP procedure, but I suspect that #1 may be the standard procedure.
You could try a FoI request - https://www.gov.uk/make-a-freedom-of-information-request/how-to-make-an-foi-request
However, #2 seems a much more sensible approach and I have seen this applied by the DWP in similar circumstances. The key may be the involvement of your MP, so I would keep them informed with all correspondence. 

Do put in a MR against the April 20 decision (in case your MP can't make the DWP see sense), and enclose a copy of your tribunal decision together with a note from a medical professional / carer / family member attesting that your condition and abilities have not improved since Jan 2019. (Copy this to your MP, and keep them updated if you need to chase the DWP for the MRN).

So - 
Ask MP to intervene;
DWP complaint;  and
MR 

4justice2

Point 1 is correct, the manager at Point 2 was wrong. If you had been disallowed ESA completely, (and therefore were being paid only the basic rate whilst on appeal) you should  not have needed a new assessment. until after the appeal outcome.  But as you were appealling against a change of component (reduced from Support Group to Work Related Activity Group) you will have been subject to further assessment even whilst the appeal was ongoing.  The tribunal recommendation for a future assessment date is not binding. Correct procedure is to pay SG arrears up to April 2020 and you will have to make a further MR against the new decision in April. It does seem like a faff, but correct procedure has been followed. (Be aware too that if you do appeal against being placed in the WRAG, it's not always a case the the tribunal will leave you in WRAG or put you back in SG. The tribunal will look at all the evidence and can decide to take the third option and disallow ESA completely, it's rare, but I have known it happen).