ESA Success - sort of!

Couldn't have gotten this far without the guides on here so a big thank you to B & W Process has still been stressful but much less than it could have been!

Can someone please point me in the right direction to go from here please.

Tribunal last Friday have allowed my appeal and I now have 18 points instead of 9 so am entitled to ESA with work-related activity. (socred 9 points for 2(b) orginally and awarded 9 for 1(c) at appeal) Judge said they were assessing me on my condition at the time the orginal decision was made in Jan 2012, which is fair enough. I disputed the fact that the atos doctor stated I would be able to mobilise 200mtrs in a wheelchair without severe pain/discomfort (wasn’t asked about use of wheelchair during medical) – he had already noted that I couldn’t sit or stand without severe discomfort. (He contradicts himself throughout the report but that’s another story!)

However my condition now is worse than it was in January and therefore my mobility is severely affected (I have spinal problems which affect my legs & my right arm). I'm pretty sure I can't appeal the tribunal but can I now ask for a re-assessment (think I've seen it called something else on here?) to get into the support group? I'm on contribution ESA which I think will finish in Feb 2013, am I right in thinking it isn't time restricted in support group for contibution based?

Do I have to attend the jobcentre now? I'm unable to drive, can't walk to use public transport etc, my 2 closest jobcentres are both over 30 mins drive away, can I ask for phone interviews or home visits. Concerned that if I have to attend every 2 weeks it means my husband having to take time off work to take me!

It says on the decision notice that the Tribunal recommends that the department does not reassess the appellant with 24 months - what exactly does this mean?

Amazingly the atos doctor in january stated on my medical that a return to work was possible within 3 months - i pointed out to the tribunal that I have had this condition for 10 years and it is getting worse not better & i therefore disagreed with this

Thanks in advance for any advice anyone can give

PS Tribunal was at 2pm Friday, told me decision would be posted to me - it arrived the next day

sue wrote:

Couldn't have gotten this far without the guides on here so a big thank you to B & W Process has still been stressful but much less than it could have been!

Can someone please point me in the right direction to go from here please.

Tribunal last Friday have allowed my appeal and I now have 18 points instead of 9 so am entitled to ESA with work-related activity. (socred 9 points for 2(b) orginally and awarded 9 for 1(c) at appeal) Judge said they were assessing me on my condition at the time the orginal decision was made in Jan 2012, which is fair enough. I disputed the fact that the atos doctor stated I would be able to mobilise 200mtrs in a wheelchair without severe pain/discomfort (wasn’t asked about use of wheelchair during medical) – he had already noted that I couldn’t sit or stand without severe discomfort. (He contradicts himself throughout the report but that’s another story!)

However my condition now is worse than it was in January and therefore my mobility is severely affected (I have spinal problems which affect my legs & my right arm). I'm pretty sure I can't appeal the tribunal but can I now ask for a re-assessment (think I've seen it called something else on here?) to get into the support group? I'm on contribution ESA which I think will finish in Feb 2013, am I right in thinking it isn't time restricted in support group for contibution based?

Do I have to attend the jobcentre now? I'm unable to drive, can't walk to use public transport etc, my 2 closest jobcentres are both over 30 mins drive away, can I ask for phone interviews or home visits. Concerned that if I have to attend every 2 weeks it means my husband having to take time off work to take me!

It says on the decision notice that the Tribunal recommends that the department does not reassess the appellant with 24 months - what exactly does this mean?

Amazingly the atos doctor in january stated on my medical that a return to work was possible within 3 months - i pointed out to the tribunal that I have had this condition for 10 years and it is getting worse not better & i therefore disagreed with this

Thanks in advance for any advice anyone can give

PS Tribunal was at 2pm Friday, told me decision would be posted to me - it arrived the next day

Hi S,

Well done on winning your appeal

I'm pretty sure I can't appeal the tribunal but can I now ask for a re-assessment (think I've seen it called something else on here?) to get into the support group?

You can only appeal a First Tier Tribunal decision to the Upper Tier if there has been an : Error of Law

You would have to request a : Written Statement of Reasons

As this is not a straight forward process, you would need professional face to face advice : Where to get advice?

If your health has deteriorated since the time of the adverse decision that you appealed, then you can request a "Supersession" (review) of the WRAG award, see : Supersession

The whole of your WRAG award will be reviewed, and you will probably receive another ESA50, and may have another face to face assessment.

am I right in thinking it isn't time restricted in support group for contibution based?

There is no 365 day time limit of payment of ESA in the SG, for as long as you remain in the SG, see : 12 Month Limit for ESA(CB)

Do I have to attend the jobcentre now? I'm unable to drive, can't walk to use public transport etc, my 2 closest jobcentres are both over 30 mins drive away, can I ask for phone interviews or home visits

Yes you will have to attend WFI's however as you correctly state, you can request that they are deferred, carried out over the phone, or in your home. You have no legal right to these three options, and they are purely at the discretion of the JCP Adviser, see:

Work Focussed Interviews

&

Work Programme

It says on the decision notice that the Tribunal recommends that the department does not reassess the appellant with 24 months - what exactly does this mean?

This is a fairly new development in that Tribunals have started making recommendation of how long it should be before the appellant is reassessed, however they are only recommendations, and whether the DWP will abide by them will only become apparent in time.

However, remember that even if you were not assessed for a further 2 years, your CB ESA Wrag payments would still cease after you had exhausted your 365 day entitlement.

bro58

Thanks for the quick reply bro58

I was concerned that the tribunal comment about not reassessing me for 24months would stop me being able to apply for a supersession

Will have a read of the links you've added and hopefully be able to figure out the best way forward.

Have been on the assesment rate since Feb, tried ringing today to find out when I'd be put back on the full rate and was told it would be 4 - 6 weeks and they would work out my back pay, wasn't expecting that bit

sue wrote:

Thanks for the quick reply bro58

I was concerned that the tribunal comment about not reassessing me for 24months would stop me being able to apply for a supersession

Will have a read of the links you've added and hopefully be able to figure out the best way forward.

Have been on the assesment rate since Feb, tried ringing today to find out when I'd be put back on the full rate and was told it would be 4 - 6 weeks and they would work out my back pay, wasn't expecting that bit

Yes S,

They will have to pay you the extra WRA Component from the date of the original fit for work decision that you appealed.

If you are to request a supersession (review) don't leave it to long, as if you have been in receipt of CB ESA since Feb 2012, then it will cease in Feb 2013.

With respect to you being able to use the "Imaginary Wheelchair" have a look at the information on this thread, Re : aids and appliances, as you will also see, there has been a recent UT Ruling which may help : www.benefitsandwork.co.uk/forum?func=vie...id=10&id=87202#87202

bro58

Thanks for all your replies.

Having a bit of a thick moment!! Have looked at the link for Supersession and have a few quick questions.

Can I request a supersession by phone or is there a form I need to fill in or will a letter do?

I saw my doctor last friday and discussed with him the fact that I wanted to ask for a supersession as my condition has worsened since september and I feel I should now qualify for the support group, I asked him for a letter confirming this and he said they should write to him. Hovever after a bit of persuading he has given me a letter but it's not very good - doesn't specify how or why my condition has worsened etc - will they write to my doctor or is it up to me to provide evidence?

He has refered me back to my specialist but it could be months before I even get an appt!!

Thanks in advance for any advice, really need to get this sorted/requested this week