esa tribunal won placed in wrag group

Hi bro yes it was stated on court descision letter kell13

Kelly wrote: Hi bro yes it was stated on court descision letter kell13

Hi K,

It is probably just an error !!!,

You could query it with The Tribunal, or you could just let sleeping dogs lie.

bro58

Hi K,

These were the old 2008 WRAG Descriptors, as you will see 3 (b) and 9 (b) were totally different to the ammended 2011 WRAG Descriptors.

ESA Regs 2008, WRAG (LCW) Descriptors

3 (b) is to do with Bending and Kneeling, and gave 9 points, but this descriptor has not been used since 2011 :

3. (b)

"Cannot bend, kneel or squat, as if to pick a light object, such as a piece of paper, situated 15cm from the floor on a low shelf, and to move it and straighten up again without the help of another person."

9 (b) was to do with Vision, and gave 15 points :

"Cannot see well enough to read 16 point print at a distance of greater than 20cm."

N.B. To all viewing members the above WRAG Descriptors, were superceded by The Ammended ESA Regs 2011, post March 2011.


bro58

bro58 wrote:

Kelly wrote: Hi bro 58,
Does this mean I will not get any back pay from may last year as from then I have been recieiving 71.00 per week where as previously on ib I was receiving 111.00 per week.I will look in to esa ir as I. Iam single thanks kell13

Hi K,

Yes, you will receive backpay of around £40 per week from the 09/05/12, on the figures and dates that you have provided.

If you are single, and have no other form of household income and do not have capital, assets or savings over £16,000, as described here : Asset rule for ESA(IR)

Then you should qualify for payment of IR ESA when your CB ESA ceases in May 2013.

You will probably have to fill in an ESA3, see : Sample ESA 3 Form

One query, in your first post you mentioned ESA Regs 2008, you should have been assessed under The Ammended ESA Regs 2011, which are on the link that I provided in my first post.

bro58

Hi K,

Just to bring your attention to the fact that I have corrected a typo in my post above, it should have read :

"Yes, you will receive backpay of around £40 per week from the 09/05/12, on the figures and dates that you have provided."

You should also start to receive at least £111 per week once your award is ammended to WRAG, as you cannot receive any less than you were receiving on IB before being transferred to ESA, under Transitional Protection, see :

What will I be paid?

bro58

Hi bro 58,
I am not not sure what to do about this especially the descriptors on vision cauld the dwp contest this as in original form I never stated I had any problems with vision but kneeling I have great diffulty with.kell13

Kelly wrote: Hi bro 58,
I am not not sure what to do about this especially the descriptors on vision cauld the dwp contest this as in original form I never stated I had any problems with vision but kneeling I have great diffulty with.kell13

Hi K,

As the ESA Regs 2011 Ammendments have been in force since March 2011, and as it seems that you do not have any problems with your sight, it is highly likely that they have stated ESA Regs 2008 in error.

It is up to you, whether or not you want to query this with The TS.

The DWP may pick up on it, when they receive copy of the Tribunal Decision Notice ?

bro58