The Merry Go Round.....

Hi Tracy.

I am confused too. All this stress is the last thing your partner needs - thank goodness he has you to support him.

Mr M is entitled to employment and support allowance (ESA) with the support component

Gordon - i see what you are saying about the WRAG scoring, but surely this is a clear statement that he has been put in the support group?

On top of this confusion, your partner has had his benefit stopped, which is totally inappropriate as Crazydiamond states, as the tribunal determination means that he is no longer in the assessment phase and no longer needs to send in sick, sorry fit-notes! It is totally unacceptable and you are right to complain.

Best wishes

Tracy A wrote:

Hi Gordon here is exactly what it says on tribuneral notice:-

Decision notice.

The appeal is allowed.
The decision of the secretary of state issued on 4/8/2009 is sEt aside.

Mr M is entitled to employment and support allowance (ESA) with the support component

The descriptors is satisfied in shedule 2 ESA Regulations are 1(e) -6 points,3(c)-6 points,2(e)-6 points.

The descriptor satisfied in shedule 3 ESA Regulations is:-None.

Am I missing something?

I called esa again today but once again only got through to national call centre, cant get through to anyone we need to, like hitting a brick wall.

Called MP today and her secretary informed me they are far to busy with more important things to deal with right now and will look into it soon?!?!

Waiting to hear from cheif exec re my complaint, but don't hold out much hope.

Complete nightmare the whole thing.

Tracy

It would be advisable to write to the clerk of the tribunal and ask for the decision notice to be corrected, because in its present form it does not make any sense, and there is no definitive indication into which group your partner has been placed?

As there is a discrepancy with the decision notice it was incumbent upon the DWP to contact the TS to seek clarification of the decision notice, instead of making their own interpretation as to the outcome of the appeal, but clearly they failed to take any action.

You could take up the matter with the DWP, but in order to prevent any further uncertainty it would be preferable to contact the TS.

Hi Tracy, I have just dug out my appeal Decision Notice.

They may be different from area to area but the information on yours looks slightly incomplete?

I must agree with Gordon and suggest that you talk to the clerk of tribunal. I think he/she will be more approachable than anyone else.

They will probably ask you to quote your Tribunal reference number and national insurance number.

Best wishes,
Rachel

Thank you for your replies.

Catherine, I have all but pulled my hair out, talk about confusing.

I have written to the cheif exec of DWP said should have a reply within 15 days, we'll see....

I called the TS last week and they too were confused all they could tell me is that the DWP would have recieved the same copy of the decision as we got given, I asked them if he was in wrag or support and they said there was no clear answer to that question.
This whole thing has been a shambles..

Good job I'm a fighter my partner would just give up, but I'm like a dog with a bone..

Thanks all your all amazing here.

Tracy.

sorry CD and Gordon, I meant
'I must agree with CD'

Had a phone call from ESA this morning...
Right here we go...

My partner is in Wrag the confusion came from the wording on the Tribuneral notice where they said he had the support element.

According to the lady that phoned said that my partner was 3 points short for going in the support group, but they now use the wording on tribuneral papers with support component as my partner is over the 15 points for wrag but 3 points under for support group, anyone now coming up between the 15 - 18 points on scoring are now getting with support component added so that the DWP know that his condition may worsen and if we get a docs letter saying his condition has worsened he will be automatically placed in the support group.
Does that make sense?

They are not keeping his back pay as we were told yesterday by some brainless fool at the DWP.

They said that they have sent him £2500 back pay which he should get in his account in the next few days...
We will see......

I hope this is all sorted now....

Tracy (feeling a little more positive)