Appeal to Upper Tribunal

Hi there, great site and advice from the moderators, thank you for all the time you spend helping people.

I have made an application for leave to appeal to the Upper Tribunal to be placed in the Support Group. This has been going on since my medical not sure if it was 2012 or 2011. I was originally refused ESA and appealed to the 1st tier tribunal which put me in the WRAG group (after waiting many many months to be heard). I have worked all my life since I was 15 with a Saturday job but was retired on ill health grounds from my full time and permitted work job and the DWP tell me I have 40 years NI credits.

My contribution based ESA stopped on 7th June 2014 and I do not qualify (laughingly) for income based ESA. My ill health pension covers most of my outgoings but there is nothing left for food in my budget.

I am waiting for the 2nd tier tribunal (applied in January 2015 when they anticipated it would take approx. 20 weeks for the decision whether I can appeal or not) to make their decision.

What I want to ask is am I missing something regarding being able to claim and benefits whilst appealing. My savings will soon run out and I really don't know what will happen then as I do not even qualify now for any benefit.

If the 2nd tier Tribunal accept my Appeal would I be able to claim anything whilst I am waiting for things to go through?

I really am at my wits end with this and it is causing my depression and anxiety to worsen. My doctor is issuing Fit Notes and I am sending them to the DWP. I really don't know what to do.

Any help would be greatly appreciated. I am 61 by the way and have a retirement date of May 2019. I have many medical conditions including some which limit my mobility to varying degrees, which is in addition to the depression and anxiety and by list totals 13 medical conditions.

Many thanks Chris

Starlet97 wrote: Hi there, great site and advice from the moderators, thank you for all the time you spend helping people.

I have made an application for leave to appeal to the Upper Tribunal to be placed in the Support Group. This has been going on since my medical not sure if it was 2012 or 2011. I was originally refused ESA and appealed to the 1st tier tribunal which put me in the WRAG group (after waiting many many months to be heard). I have worked all my life since I was 15 with a Saturday job but was retired on ill health grounds from my full time and permitted work job and the DWP tell me I have 40 years NI credits.

My contribution based ESA stopped on 7th June 2014 and I do not qualify (laughingly) for income based ESA. My ill health pension covers most of my outgoings but there is nothing left for food in my budget.

I am waiting for the 2nd tier tribunal (applied in January 2015 when they anticipated it would take approx. 20 weeks for the decision whether I can appeal or not) to make their decision.

What I want to ask is am I missing something regarding being able to claim and benefits whilst appealing. My savings will soon run out and I really don't know what will happen then as I do not even qualify now for any benefit.

If the 2nd tier Tribunal accept my Appeal would I be able to claim anything whilst I am waiting for things to go through?

I really am at my wits end with this and it is causing my depression and anxiety to worsen. My doctor is issuing Fit Notes and I am sending them to the DWP. I really don't know what to do.

Any help would be greatly appreciated. I am 61 by the way and have a retirement date of May 2019. I have many medical conditions including some which limit my mobility to varying degrees, which is in addition to the depression and anxiety and by list totals 13 medical conditions.

Many thanks Chris

Hi S97,

I am afraid that there is no provision for paying ESA in your case whilst awaiting the outcome of a UTT Hearing, even if they refer it back to The FTT with directions.

You could make a fresh claim for ESA, however as it seems that you have no entitlement to payment of CB ESA or IR ESA there would seem to be little to gain financially.

Further, even if there was a financial benefit in that you would receive payment of "ESA", any positive outcome as a result of the UTT/FTT decision would be limited until the time of the ESA decision made as a result of a fresh ESA claim.

There are also new rules that came into force from 30/03/15 which may preclude you from receiving "payments" of ESA with a fresh "repeat" ESA claim.

As you state that you suffer Mobility and other limitations as a result of your medical conditions, there is nothing to stop you making a claim for PIP :

PIP Self Test

PIP Claims Guide. (2nd Link on page)

If successful this would not have an adverse effect on any potential ESA SG Award as a result of the UTT/FTT decision.

On the down side, it may take some weeks/months from initially claiming PIP before receiving a decision, although the process does seem to have speeded up recently for new PIP Claims.

As you may know, if successful at UTT/FTT any monies owed as a result of this would be backdated to the time of the original adverse ESA fit for work decision.

You would also regain your 365 days entitlement to payment of CB ESA whilst "not in the SG", it would be as if you had never been in The WRAG !

With regards to PIP, if successful, payment would be backdated to the time of your initial phone call to make the PIP claim.

Good Luck !!!

Please keep us updated.

bro58

Thank you for that info bro58! I already get DLA at the lowest rate for care only which was awarded following an Appeal to the 1st tier Tribunal. I am at present 'protected' as I was transferred from IB and would obviously lose that if I made another claim. Another point is that I was found to have limited capability for work by the tribunal but put in the WRAG as they judged I could attend work focussed interviews even though I had lost my permitted work job. I don't know what is going on with this type of decision. They even said they recognised my commitment to work by doing permitted work. All this is driving me mad and I don't know how the DWP expect people to live in my situation. I have been down the MP route (and that was through the famous Mark Reckless MP now with UKIP but conservative MP at the time) and the papers were sent to ATOS who advised me to appeal! I am being helped by my local Law Centre for which I am very grateful. Arghhhhhhhhhh

Many thanks Gordon for your answer and info.

Hi there, just to let you know I have been granted leave to appeal to the Upper Tribunal.