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Appeal win
- jedted
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5 years 5 months ago #229036 by jedted
Appeal win was created by jedted
Hi had great news went to my Esa tribunal and won 0 to 15 points, thanks to this website, however I have not had any official letter from Dwp appeal was 28th March , but what I have received is a letter telling me to meet a work coach, this told me and I rang to confirm this that I am in the work group.
Prior to all this I migrated to Esa from IB in 2013 I was put in the work group then so I appealed and was put in the support group July 2013 , forms came in Nov 17 filled in asked for medical in Jan 18 got no points so Esa stopped, appealed which takes us to today, when I wrote my appeal I said that I should be in the support group so when they said the appeal had been allowed I thought I would go back to being in the support group but it seems not, on the paper work from the appeal it said I had limited capability for work and the appeal had been allowed and the decision last year was now superseded, he also advised they leave me alone for two years, so they tell me on the phone I am in the work group and yes for two years but I won't get any money because I had gone over 365 days while I waited for the hearing don't know what to do now, I appealed to stay in the support group who actually decides which group even when you win at appeal.
Thanks
Prior to all this I migrated to Esa from IB in 2013 I was put in the work group then so I appealed and was put in the support group July 2013 , forms came in Nov 17 filled in asked for medical in Jan 18 got no points so Esa stopped, appealed which takes us to today, when I wrote my appeal I said that I should be in the support group so when they said the appeal had been allowed I thought I would go back to being in the support group but it seems not, on the paper work from the appeal it said I had limited capability for work and the appeal had been allowed and the decision last year was now superseded, he also advised they leave me alone for two years, so they tell me on the phone I am in the work group and yes for two years but I won't get any money because I had gone over 365 days while I waited for the hearing don't know what to do now, I appealed to stay in the support group who actually decides which group even when you win at appeal.
Thanks
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- Gordon
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5 years 5 months ago #229044 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal win
kirk
Congratulations o the appeal win.
It usually takes the DWP 5-8 weeks to process a Tribunal result so you should hear this week, the letter from your JC+ suggests that they have actually accepted the Tribunal Decision.
You say that you scored 15 points, what was this for? 6 + 9 points in two activities or 15 points in one? Some but not all of the 15 [point Descriptors correspond to SG Descriptors.
Have you checked whether you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you are then contact the DWP and ask to be financially assessed for ESA(IR) via an ESA3 form.
If you are not entitled to payment of your ESA then you are not required to participate in any Work Related Activity.
Gordon
Congratulations o the appeal win.
It usually takes the DWP 5-8 weeks to process a Tribunal result so you should hear this week, the letter from your JC+ suggests that they have actually accepted the Tribunal Decision.
You say that you scored 15 points, what was this for? 6 + 9 points in two activities or 15 points in one? Some but not all of the 15 [point Descriptors correspond to SG Descriptors.
Have you checked whether you are eligible for Income Related ESA? ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset and savings rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that you are then contact the DWP and ask to be financially assessed for ESA(IR) via an ESA3 form.
If you are not entitled to payment of your ESA then you are not required to participate in any Work Related Activity.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- jedted
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5 years 5 months ago #229068 by jedted
Replied by jedted on topic Appeal win
when I receive the letter eventually from DWP will it give me the option to appeal ? even though I just won the appeal, that said I have limited capability for work, I thought I would drop back in the support group where I was before the medical I did score 6 and 9, 6 for mobilising and 9 for sitting and standing , they said the appeal was allowed and I received the back pay today, in the bundle I noticed that the DWP said that if the panel were to find I have limited capability for work and they don't put also limited capability for work place activity that the decision maker would choose which group , in my appeal I stated that I thought I should be in the support group, nothing has changed since I went into the support group in 2013.
thanks
thanks
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- Gordon
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5 years 5 months ago #229085 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal win
Kirk
Whilst you can appeal the Decision further you cannot do so because you are unhappy with the award that you have been given, you can only do so because you believe that there was an Error of Law in the making of the Decision.
What is an Error of Law?
Unfortunately, you have not met the criteria for the Support Group.
Have your conditions deteriorated since the Decision you appealed was made? Can you show this with up to date medical evidence? Can you reasonably show that you now meet one or more the SG Descriptors?
If you can then you could ask to be reassessed but be aware that this will mean another ESA50 and almost certainly a face to face assessment, the new Decision will supersede the Tribunal's Decision, whatever it is.
Gordon
Whilst you can appeal the Decision further you cannot do so because you are unhappy with the award that you have been given, you can only do so because you believe that there was an Error of Law in the making of the Decision.
What is an Error of Law?
Unfortunately, you have not met the criteria for the Support Group.
Have your conditions deteriorated since the Decision you appealed was made? Can you show this with up to date medical evidence? Can you reasonably show that you now meet one or more the SG Descriptors?
If you can then you could ask to be reassessed but be aware that this will mean another ESA50 and almost certainly a face to face assessment, the new Decision will supersede the Tribunal's Decision, whatever it is.
Gordon
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- jedted
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5 years 5 months ago #229173 by jedted
Replied by jedted on topic Appeal win
ok got my paperwork today just states my payments but they are all from jan 18 to jan 19 and states working group and the total which I received Weds is that it do you think or will I get something else to tell me the result of the appeal ? regarding meeting a work coach my appointment is 23 rd April I rang and one person said they were mandatory I receive no Esa now as 365 days is over and do wont qualify for income based Esa they say I will get my stamp paid but no actual Esa , I still have an employer and pay national i surance there I am on Gip, , if I was well enough I would work for my employer .
thanks
thanks
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- Gordon
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5 years 5 months ago #229184 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Appeal win
Kirk
You are not required to perform Work-Related Activity refer then to paragraphs 53014(4) and 53076(1) of the Decision Makers Guide.
assets.publishing.service.gov.uk/governm...e/658323/dmgch53.pdf
Gordon
You are not required to perform Work-Related Activity refer then to paragraphs 53014(4) and 53076(1) of the Decision Makers Guide.
assets.publishing.service.gov.uk/governm...e/658323/dmgch53.pdf
Gordon
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