Tribunal application - Which benefit do I select?

Hi,

I'm not sure if anyone will have a definite answer to this, and i've not seen it mentioned anywhere through google searches. Having now got to the point where, due to my WCA, and follow up mandatory reconsideration the DWP believe I am "ok to work", I want to have things go to a tribunal. My WCA though (unbeknown to me at the time as the form I filled out was the ESA50) was a dual one, which has affected both my UC, and my cbESA. I've been told that the cbESA has now stopped (no letters, only verbally by the decision maker). My UC, I was told I will still get, but of course only at the basic rate, and I now don't know what will be expected of me from the work coach while I wait for the tribunal. So I don't know which benefit I should have selected when applying for the tribunal (and you can only pick one) - i've gone ahead and selected UC, as when I did the MR, the address on the letter was for UC. I'm worried i've done the wrong thing though - my wife thinks I may have, as only ESA has actually been completely stopped. I've spent half the day on the phone trying to get through to the HM Courts and Tribunals hotline, but eventually gave in. Same story with the CAB. I'm sure I can't be the only person who's been in this position though, as anyone who claims both ESA and UC who fails the WCA must be in the same position? It seems unfair to me that the DWP use one WCA to affect two benefits, but I can only complain about one or the other, is this just another one of their tactics to make things so unbelievably complicated that you'll give in?

Hi Gary,

It was contributions based ESA I was receiving (cbESA) that has now stopped. I originally applied for both that, and UC at the same time, at the advice of the Citizens Advice Bureau - I think it was purely so i'd receive some payment every 2 weeks (cbESA). I was on the basic assessment rate for both benefits, and was waiting for the next stages to happen (WCA's). I received an ESA50 form in the post, so assumed this was leading to just an assessment on the cbESA, and that at some point i'd receive another for my UC. I didn't realise they'd use the one WCA to make a decision on both benefits. The result of me being found "ok to work" meant the cbESA ended, and the UC didn't, but obviously the UC payments won't be going up, and i'm assuming now my claimant commitments will change for the worse (i'll find out Monday as I have my phone, work coach appointment). Obviously, I now want to appeal. The MR also went against me, so next move is a tribunal. When I asked for the MR, I wasn't sure which benefit i was asking to be reconsidered (as both were affected by the decision) - I left a note on my journal, and eventually I had a message saying "write both benefits on the form" which I did. Doing the online tribunal application though, you don't get that option - you can only select one. So i've selected UC. I know there's no additional money to be had by receiving both benefits (as UC subtract any cbESA from the UC payment), but at the same time, I do dispute the decision made against both benefits.

My real concern now, is that when I have my work coach call on Monday, rather than what has been discussed on previous calls, "Are you doing your physio? Are you keeping up with your meds?", i've got a feeling i'll now be told my commitments have changed, and I have to immediately start looking for work or be sanctioned. Even though I need to spend most of my time sat in my recliner chair to try and avoid being in pain, i'll have to either agree to the new commitment, or have my benefits stopped. I won't in reality be actually able to do any form of work due to my condition, but i'll have to agree to try, and end up putting myself at risk of possible serious injury or have my claim ended. Doesn't seem right to me.

Hello everyone,

Just thought i should update you all on the upcoming tribunal I had, to dispute the WCA decision (and mandatory reconsideration) of "ok to work". The DWP were late responding to the courts, and were given an extension to reply. About a week before that 2nd deadline, I had a call to tell me that they'd looked at my case again, they were not going to dispute things in court, and they had reconsidered things, this time, in my favour. Not only that, but they put me in the LCWRA group. Not long after that, I had letters from the DWP regarding the cbESA that was stopped, and I was put back on that, in the support group.

So moral of the story - don't give up if you know they've made a wrong decision on your case. The day I was informed, my bank account was near empty - i've now had all sorts of back pay put in, and there's more money in there now than i've had in a long while!