Tribunal results...

I have just returned from my tribunal hearing. They were very nice and understanding and allowed be to submit some supporting evidence which I had forgotten to send. They have placed me in the WRAG and for me not to be contacted for 2 years and then to be re-viewed. It was scary going in but they were so nice. We went in well - prepared but found we did not need any of it!! Time to sit back and take a deep breath!!

Back payments?? Did not realise I could get back payments!! A big thank you to your site and your help

archie0123 wrote: Back payments?? Did not realise I could get back payments!! A big thank you to your site and your help

Hi a0123,

Well done on winning your appeal.

Yes, you will be entitled to the difference between what you have been receiving on the assessment rate of ESA whilst appealing to what you would have been paid if in receipt of WRAG, as the Tribunal's WRAG decision is a "Remaking" of the fit for work decision.

This back pay owed, should be around £28/Week.

Looking at your original post, here :

www.benefitsandwork.co.uk/forum?view=top...id=10&id=90320#90320

As you were formerly in receipt of IB, if you are entitled to payment of CB ESA only, you only receive this for 365 days :

12 Month Limit for ESA(CB)

If this is the case, as it appears that the adverse decision that you appealed was around 9 months ago, and the WRAG award will be backdated to that time, that only leaves you around 3 months of CB ESA payments left.

You would then be assessed for IR ESA :

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

Using an ESA3 Form :

Sample ESA 3 Form

bro58

I am glad to hear that your tribunal went smoothly and you were treated well

However, I'm afraid that I must introduce a note of doom and gloom by warning you that the tribunal's advice that you should not be reviewed for 2 years is likely to be ignored by DWP who are at liberty to review you whenever they like and are tending to restart the process sooner than the claimant was led to expect

I expect them to bombard me sooner than later!!

What I am now confused/worried about is the CB ESA and the IR ESA. The CB ESA will end in the beginning of August. My husband works (self employed) Am I right in thinking that that will mean I will not get IR ESA - therefore no more benefits?? We have no savings at all!!