Won Tribunal

Hi All

Sorry, cannot find my original post. I was transferred from IB to ESA WRAG 7th December 2012. I have been long term sick for 25 yrs and felt that I qualified for the Support Group after reading all the rules and regs on this great site. I submitted an appeal in Janurary 2013, my appeal was scheduled for 19th August. Unfortunately, I had a hospital appointment the same day, I wrote to the Courts and attached a copy of my hosp appointment. I received the decision on 21st Aug, I won my appeal without attending!!

It states that the Tribunal was satisfied that 'it is able to decide the appeal without a hearing. It is consistent with the overriding objective in Rule 2 and with Rule 31 to proceed, as an adjournment would only lead to delay'.

Descriptor 1 from Schedule 3 of the ESA Regulations 2008 was satified.

I am so grateful to you all at Benefits and Work and thank you most sincerely. I would have exhausted my 365 days this Dec and would not have been able to claim IR ESA as I have a works pension and I live with my husband who is on benefits too.

Tribunal recommended reassessment in 24 mths, so the merry-go-round will start all over again in about 12 mth.

I hope that this give hopes for everyone who is on this site.

Just to let everyone know I have severe depression, arthritis, COPD and fibromyalgia, which is not a 'trendy' illness as some people think.

Well done Peggie, I am still waiting for my appeal hearing.


Chrissy V

Congratulations Peggie, what a fantastic outcome, you must be so pleased and relieved the stress is over.

Peggie wrote: Hi All

Sorry, cannot find my original post. I was transferred from IB to ESA WRAG 7th December 2012. I have been long term sick for 25 yrs and felt that I qualified for the Support Group after reading all the rules and regs on this great site. I submitted an appeal in Janurary 2013, my appeal was scheduled for 19th August. Unfortunately, I had a hospital appointment the same day, I wrote to the Courts and attached a copy of my hosp appointment. I received the decision on 21st Aug, I won my appeal without attending!!

It states that the Tribunal was satisfied that 'it is able to decide the appeal without a hearing. It is consistent with the overriding objective in Rule 2 and with Rule 31 to proceed, as an adjournment would only lead to delay'.

Descriptor 1 from Schedule 3 of the ESA Regulations 2008 was satified.

I am so grateful to you all at Benefits and Work and thank you most sincerely. I would have exhausted my 365 days this Dec and would not have been able to claim IR ESA as I have a works pension and I live with my husband who is on benefits too.

Tribunal recommended reassessment in 24 mths, so the merry-go-round will start all over again in about 12 mth.

I hope that this give hopes for everyone who is on this site.

Just to let everyone know I have severe depression, arthritis, COPD and fibromyalgia, which is not a 'trendy' illness as some people think.

Hi P,

Well done on winning your appeal, especially on a paper hearing alone.

It seems that you have qualified for The SG on Activity 1. of The Schedule 3 Descriptors (2011) :

"1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.

Cannot either:

(a)mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

or

(b)repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion."

As your SG award will be back dated to the time of the original adverse WRAG award, you will regain your 356 days entitlement to CB ESA in The WRAG, which will be useful if you are again placed into The WRAG at some future reassessment.

It will be as if you have never been in The WRAG.

To speed up the updating of your file to reflect the tribunal decision, you could send copy of the tribunal decision notice to the DWP.

Sending Documents to the DWP or ATOS

Thanks for the kind words regarding our site.

bro58

Well done Peggy!

I have Fibromyalgia too (and osteoarthritis, osteoporosis and asthma) and I was quite shocked when one of the other members on this forum showed their ignorance by saying something like they didn't have a 'trendy illness like fibromyalgia'.

For the uninformed Fibromyalgia is a neurological and very disabling illness that doesn't usually kill you, but does take your life away.

I wish you all the best Chrissy. Just remember, you have everything to gain and nothing to lose, regard Peggie