Found fit for work after WCA

UPDATE!!!

Hi guys,

I WON MY TRIBUNAL!!!

I'd just like to say thank you to all the admins and people who have helped me with my enquiry.

My tribunal took place on 13th May 2016 and on the panel there was a judge and an independent doctor...no one from the DWP was there.

In total I scored a total of 36 points...this from a score of nil points during my WCA and MR scored by the DWP.

I satisfied schedule 2 and 3 of the descriptors and was found to have significant limited impairment in social functioning and due to cognitive impairment and mental disorder was found unfit for work and placed in the Support Group and awarded the top rate of benefit.

There is one thing I am worried about. At the end of the document it states:

Any recommendation given below does not form part of the Tribunal's decision and is not binding on the Secretary of State.

The Tribunal recommends that the Department does not reassess Mr. (surname) within 24 months from today's date.

13th May 2016

My question is this...is this legally binding? And do the DWP have the power to disregard the courts advice and challenge the decision?

Also by my reckoning I am owed about £2800 in back payment. I've re-read the rules and it plainly states in black and white on the DWP website that if the assessment takes longer than 13 weeks the benefit will be backdated to the 14th week of the claim.

The claim was started on the 22nd January 2015. So by my understanding I am entitled to back payments from around April 2015.

I did not start a new ESA claim...the claim is the same claim they brought up in court...the one I completed in January 2015.

Even if I am not entitled to that amount I am definitely entitled to something.

Can anybody give me any advice about back payments? And is there any information regarding this on the website?

Thanks in advance and thank you for all your help.

J

Thanks for the reply Gordon...much appreciated.

I'll update as soon as I get more information regarding payment and I'll post here to let people know what happened.

Thanks again.

J

It is very good news that the Tribunal found in your favour Jay, thanks for letting us know!