- Posts: 158
ESA Tribunal Success
- citymike
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I had my tribunal this morning relating to the award of WRAG in 2011.
I was called into see the panel at 10.02am, and at 10.06am I was walking out.
The Judge introduced himself and the Doctor, then said that they had both read my file and had decided the original decision was wrong and that they were upholding my claim.
He said that the evidence supplied was proof that I could not mobilise 50m. He also noted that in Oct 2012 I had reassessed and put in the Support group,and that the Doctor felt that although my appeal related to an award over a year earlier my condition then would not have been any better, and also it is not going to improve in the future.
He also stated that there was other evidence in the file to confirm their decision.
He said that had my appointment been later in the day they would have called me to stop me attending.
He thanked me for coming, and said to save me waiting around the paperwork would be posted to me.
He also confirmed that the DWP would have to pay me for the perod last Aug-Oct when my payments stopped as I had served 365 days in WRAG.
I am overjoyed at the outcome after a very stressful time. I spent 4 hours yesterday writing out what I was going to say, but thankfully did not need it.
I would like to thank everyone on this site for their help and advice and also the welfare charity Good Advice Matters.
And finally an extra big thank you to all the Mods for all their time they give in helping everyone on this site, I am most grateful.
I can know rest until the next form arrives.
Thanks CM
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- slugsta
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- Posts: 9439
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- bro58
citymike wrote: Hi Everyone
I had my tribunal this morning relating to the award of WRAG in 2011.
I was called into see the panel at 10.02am, and at 10.06am I was walking out.
The Judge introduced himself and the Doctor, then said that they had both read my file and had decided the original decision was wrong and that they were upholding my claim.
He said that the evidence supplied was proof that I could not mobilise 50m. He also noted that in Oct 2012 I had reassessed and put in the Support group,and that the Doctor felt that although my appeal related to an award over a year earlier my condition then would not have been any better, and also it is not going to improve in the future.
He also stated that there was other evidence in the file to confirm their decision.
He said that had my appointment been later in the day they would have called me to stop me attending.
He thanked me for coming, and said to save me waiting around the paperwork would be posted to me.
He also confirmed that the DWP would have to pay me for the perod last Aug-Oct when my payments stopped as I had served 365 days in WRAG.
I am overjoyed at the outcome after a very stressful time. I spent 4 hours yesterday writing out what I was going to say, but thankfully did not need it.
I would like to thank everyone on this site for their help and advice and also the welfare charity Good Advice Matters.
And finally an extra big thank you to all the Mods for all their time they give in helping everyone on this site, I am most grateful.
I can know rest until the next form arrives.
Thanks CM
Great News CM !!!!!
Well done on winning your appeal, you must have provided compelling evidence.
Thanks for your comments, they are much appreciated.
You may wish to send a copy of The Tribunal Decision Notice, (when you receive it) to The Benefits Office dealing with your ESA, it may speed things up regarding payment of any arrears owed, etc.
Sending Documents to the DWP or ATOS
bro58
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- sandieleo
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- Posts: 49
kind regards, Sue
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- samperuso1
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- Posts: 18
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- citymike
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- Posts: 158
Further to my success on Friday, I received confirmation on Sat am from tribunal.
They have reccommende the DWP do not reassess me for 24 months.
Now I know this may mean nothing to the DWP, but if they did listen when would the 24 months take effect from. Would it be from the original decision date(June 2011), or from the date of the tribunal ruling(March 2013).
I ask this as since the original decision in 2011, I was reassessed in Oct 2012,with a prognosis of 12 months, meaning a retest this Oct.
So will the next test be June 2013, Oct 2013, or March 2015.
I realise this question is in theory only, as the DWP may decide something else altogether in practice.
Thanks CM
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