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TOPIC: ESA tribunal verdict

ESA tribunal verdict 5 years 11 months ago #72640

I submitted my ESA appeal on 29.10.10. My tribunal hearing recently took place on 13.10.11.

The judge & doctor stopped the tribunal after 10 mins as they didn't require me to go through any further details.

Both came out into the waiting area & told myself & the Welfare Rights representative, I was being placed in the Support Group. They spoke to the clerk & the Welfare Rights man then explained to me what the verdict meant.

The clerk at the tribunal said that the 'computer was down' and gave me a part printed, part hand written Decision Notice which stated:

DECISION NOTICE
The appeal is allowed.
The decision of the Secretary of state dated 11.10.10 is set aside.
Mr XXXX is entitled to employment and support allowance (ESA) with the work related activity component.
The descriptors satisfied in Schedule 2 ESA Regulations are: 21(b) – 15 points
The descriptors satisfied in Schedule 3 ESA Regulations are: 11(c)

This is the first time I have looked at the Decision Notice & am concerned as it doesn't state that I am in the Support Group.

On friday I recieved a letter from the Benefit Integrity Centre which stated that I am in the work related activity group & notied me of impending changes regarding the 12 month rule.

Yet again after thinking that things had finally been sorted out I'm not sure what my entitlement is having gone to tribunal & been successful. I was told I was in the Support Group.

Can you please advise me what my entitlement is from the information I have & if I need to pursue anything to rectify any error.

Many thanks

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Re:ESA tribunal verdict 5 years 11 months ago #72645

  • Gordon
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Stanley

The Decision Notice you have posted references two descriptors.

The first "Schedule 2 ESA Regulations are: 21(b) – 15 points", refences the WRAG.

21. Dealing with People
(c). The claimant misinterprets verbal or non-verbal communication to the extent of causing himself or herself significant distress on a daily basis

The second "The descriptors satisfied in Schedule 3 ESA Regulations are: 11(c)", references the Support Group

11.Communication(c)Misinterprets verbal or non-verbal communication to the extent of causing distress to himself or herself on a daily basis

So based on this, you have been paced in the Support Group.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Re:ESA tribunal verdict 5 years 11 months ago #72654

Gordon

Many thanks for your clarification - really grateful & relieved.

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Re:ESA tribunal verdict 5 years 11 months ago #72689

  • Mrs Hurtyback
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It sounds as if they are sending out the warning letter to everyone who might be put into the WRAG group, whether they actually are or not.

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Re:ESA tribunal verdict 5 years 11 months ago #72692

  • Gordon
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Mrs Hurtyback wrote:

It sounds as if they are sending out the warning letter to everyone who might be put into the WRAG group, whether they actually are or not.

I believe the letter is being sent to everyone receiving ESA(CB).

Gordon

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Put in WRONG ESA GROUP following tribunal 5 years 11 months ago #72778

Yesterday 'Gordon' confirmed that I should be in the Support Group following my ESA tribunal verdict.(see below). This was also confirmed by my Welfare Rights representative.

Today I have received a letter from jobcentreplus stating that I have been placed into the work related activity group & showing my weekly benefit as £91.40 from 22.10.10.

I have clearly been placed in the wrong group. What should I do please?

Stanley


Details from Gordon yesterday were:

The Decision Notice you have posted references two descriptors.

The first "Schedule 2 ESA Regulations are: 21(b) – 15 points", refences the WRAG.

21. Dealing with People
(b). The claimant misinterprets verbal or non-verbal communication to the extent of causing himself or herself significant distress on a daily basis

The second "The descriptors satisfied in Schedule 3 ESA Regulations are: 11(c)", references the Support Group

11.Communication(c). Misinterprets verbal or non-verbal communication to the extent of causing distress to himself or herself on a daily basis

So based on this, you have been placed in the Support Group.

Gordon

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Moderators: bro58GordonMrs Hurtyback