Appeal Tribunal, Won without attending tribunal

[thepalace1]

A quick run down of my case.

 

August 2012, started claiming ESA IR.

 

Initial WCA appointment March 2013 (Missed due to severe illness), so our ESA was stopped, we appealed citing the reasons and providing proof and the decision to stop the benefit was overturned and our benefit continued.

 

Then it took a good 5 months (Aug 2013) until I actually had my assessment. I was awarded 0 points, the assessor made up lies in the report and said I could do stuff that I was not even asked to do etc etc etc.

 

So we appealed this, I must have put in the worlds biggest appeal papers, about 20 odd pages, braking every single descriptor down and how I believed I should have x amount of points.

 

DWP re-looked at the decision and desided NOT to change the decision, so to tribunal it goes.

 

I have been sending paper work an forms off to the tribunal ever since and actually thought I was getting quite close to my day in court with it being about 8 months since I appealed.

 

Anyway, Yesterday (05/04/2014) I received a letter from DWP and it goes sort of as follows.

 

We have looked again at our decision.

 

You made an appeal againstan ESA decision about being found not to have a limited capability for work, we have looked again at the facts and evidence used to make our decision, as a result we have changed that decision.

 

The revised secision is that you have a limited capability for work-related activity and you will be placed in WRAG.

 

As the decision has been changed in your favour, your appeal will not proceed.

Now, I know I should be happy that I have finally won, but I can't help feeling short changed here, I meet the descriptors for the support group regarding walking 50m etc etc.

 

Now my questions I suppose...

 

a) I am now due to be backdated £26 to week 14 of my claim which is around Dec 2012 until April 2014 (17 months @ £26pw = £1700 give or take) If I appeal the group placing will this put a hold on the backdated payment which can tke upto 6 weeks.

 

That is my main worry as this money really could come in handy right now.

 

b) Would appealing to the support group be cutting my nose of.... I do meet the descriptors to be in the support group!

 

c) Does it look like DWP have re-looked at my case and thought that on balance they would lose at tribunal and have stopped it early??? Or are they trying something on to get me away from the support group which I truely belive I should be in?

 

 

Any advice would be brilliant, and sorry for the long winded post.

 

Dawn

[estellyn]

You can challenge this new decision - mandatory reconsideration first, then appeal. Your ESA will continue on WRAG while you go through this process.

 

 

Remember that the 50 metre descriptor is about mobilising not walking, so you need to consider if you could wheel yourself in manual wheelchair, and if not you need to explain why in your request for reconsideration for the support group.

[antone]

Re your questions:

 

a) A mandatory reconsideration request and appeal if necessary will not stop the backdated WRAG payments.

 

b) See Estellyn's response above

 

c) They're not conspiring to keep you out of the support group - the DWP simply does not work that way. But you may be correct that, on reviewing your evidence, they felt that they would lose at an appeal.

[thepalace1]

Thank you, Estellyn and antone...

 

I think I will take a week or two (One month started Saturday) to decide and maybe seek wiser councel, maybe CAB etc etc, then decide which way to proceed.

[estellyn]

Thank you, Estellyn and antone...

 

I think I will take a week or two (One month started Saturday) to decide and maybe seek wiser councel, maybe CAB etc etc, then decide which way to proceed.

 

 

Getting professional advice is a good idea. With an appeal of this sort you do risk your current award by appealing as the Tribunal can look at the whole award. Of course the other thing to take into account is whether you qualify for income based ESA or contribution based ESA. With contribution based ESA, if you have a partner who works, capital or other income, you may fall foul of the 365 day contribution based ESA limit for WRAG (which doesn't apply to support group) - in this case you might be risking less by appealing. Or if entitled to income based ESA (even if just to top up a contribution based award), a support grouping may qualify you for an additional premium on top of your award, which means you have more to gain.

 

 

Professional advice will assist you weigh up your options and advise you as to whether you have a case and how good your case is, to help you decide.

 

 

Good luck.

[thepalace1]

Just a little further advice on this please.

 

We decided not to appeal to go from WRAG to SUPPORT.

 

We received the original appeal decision in our favour in APRIL 2014. Now its 28 July 2014 and we still have not had an increase in money, we still have not had any back-dated pay and are still having to send in sick notes.

 

Should we have received back-pay by now? Should our money have increased? and should we have stopped sending in sick notes?

 

over 12 weeks now since DWP changed the decision in our favour

[reallymadwoman]

Have you phoned them and asked what the hold up is?

 

Probably the quickest way to get it sorted is pester power - phone and keep phoning. You could also try involving your MP.

[thepalace1]

Have you phoned them and asked what the hold up is?

 

Probably the quickest way to get it sorted is pester power - phone and keep phoning. You could also try involving your MP.

 

 

My MP is George Galloway, so no help there i'm figuring.

 

+ I ring and ring every day with no answer, just in que. I wrote to them 3 weeks ago, they didn't even answer that

Edited July 28, 2014 by thepalace1

[Lilly_Monroe]

My MP is George Galloway, so no help there i'm figuring.

 

+ I ring and ring every day with no answer, just in que. I wrote to them 3 weeks ago, they didn't even answer that

 

I have read and been told there is a back log on all the appeals, some people have been waiting 6 months or more.

I am like you, received my notification about being moved into the support group but NO increase in payment as of yet.

I have been told to just wait, it will eventually get sorted.

[worried33]

I thought I would post this here as I have now managed to get this information.

 

I posted a while back that I was put in the SG, but then some issues came up on a DLA tribunal hearing about my most recent WCA where they stated I had no points for mobility. (this was my first WCA not the 2nd as my DLA hearing was very soon after I had 2nd WCA).

 

I have since got hold of some documentation where I now know that ATOS did give me 0 points but put me in the WRAG due to section 29

However this was overruled by the DM on the basis of the audio recording from my WCA which allowed me to have the SG descriptor for mobility.

I also hit SG for a 2nd reason according to the DM which I prefer not to post here.

 

On this audio recording I explained why a wheelchair wasn't suitable, and what perhaps amusing that this was the result of a lead question from the examiner.

 

So it does seem DM's will listen to audio recordings from WCA's. This was overruled without me asking for a reconsideration, it was on the original decision from my last WCA.

I am still waiting for the report from my first WCA, which was originally WRAG but changed to SG on appeal (DM changed before appeal sent off).

[estellyn]

I thought I would post this here as I have now managed to get this information.

 

I posted a while back that I was put in the SG, but then some issues came up on a DLA tribunal hearing about my most recent WCA where they stated I had no points for mobility. (this was my first WCA not the 2nd as my DLA hearing was very soon after I had 2nd WCA).

 

I have since got hold of some documentation where I now know that ATOS did give me 0 points but put me in the WRAG due to section 29

However this was overruled by the DM on the basis of the audio recording from my WCA which allowed me to have the SG descriptor for mobility.

I also hit SG for a 2nd reason according to the DM which I prefer not to post here.

 

On this audio recording I explained why a wheelchair wasn't suitable, and what perhaps amusing that this was the result of a lead question from the examiner.

 

So it does seem DM's will listen to audio recordings from WCA's. This was overruled without me asking for a reconsideration, it was on the original decision from my last WCA.

I am still waiting for the report from my first WCA, which was originally WRAG but changed to SG on appeal (DM changed before appeal sent off).

 

That's very interesting, thanks for sharing with us. another good reason to have the WCA recorded.