confused

Hi
I posted on here about a month ago to say thank you as I'd won my tribunal and got moved from wrag to support group tribunal decision was backdated to November.

A few weeks later the welfare rights officer that helped me told me to phone and check my tribunal details were on the system as he'd had a lot of people telling him their decisions weren't on the system. I was told yes it's on the system you're in support group for a year expect another form in 6 months!!

This week I received a letter saying i had to attend a work focused interview and was told tribunal decision not on computer.

A day later got phonecall to say you are in support group tribunal decision actioned today you will get a letter. I've queried letter when it arrived because it didn't say hoe long in support group just that this amount will be paid from November 2011 until December 2011.

When I phoned tonight to query I was told that I've been placed into the support group from the date the decision was actioned (so 17th July) for 3 months as that was what the prognosis said on the system so I will get a form in October. I have cp and uncntrolled epilepsy so am rather bemused.

Is it common to be reassessed in 3 months when the ESA85A said unlikely to return to work for at least 2years?

Thanks for any help you can give me in understanding how this works as I'm rather confused by all the conflicting information.

Helen

hells36 wrote:

Hi
I posted on here about a month ago to say thank you as I'd won my tribunal and got moved from wrag to support group tribunal decision was backdated to November.

A few weeks later the welfare rights officer that helped me told me to phone and check my tribunal details were on the system as he'd had a lot of people telling him their decisions weren't on the system. I was told yes it's on the system you're in support group for a year expect another form in 6 months!!

This week I received a letter saying i had to attend a work focused interview and was told tribunal decision not on computer.

A day later got phonecall to say you are in support group tribunal decision actioned today you will get a letter. I've queried letter when it arrived because it didn't say hoe long in support group just that this amount will be paid from November 2011 until December 2011.

When I phoned tonight to query I was told that I've been placed into the support group from the date the decision was actioned (so 17th July) for 3 months as that was what the prognosis said on the system so I will get a form in October. I have cp and uncntrolled epilepsy so am rather bemused.

Is it common to be reassessed in 3 months when the ESA85A said unlikely to return to work for at least 2years?

Thanks for any help you can give me in understanding how this works as I'm rather confused by all the conflicting information.

Helen

Hi H,

No wonder you are confused !!!,

When a tribunal alters a decision at an appeal, the tribunal's decision is backdated to the time of the original adverse decision that is being appealed, in your case WRAG.

Therefore, after the tribunal deciding that you should have been placed in the SG, you will be classed as having been in the SG since the date of the decision to put you in the WRAG.

It is becoming more common for people to win their appeal only to receive a new ESA50, to be re-assessed within weeks.

Can you re-contact your WRO to gain some clarity on this ?

If in fact your SG award is only for 3 months this seems a very very short award for SG.

bro58

Hi bro58

The tribunal was in June backdated to November 2011, only actioned by dwp this week apparently then was told what I've already said in earlier post tonight.

I guess like you say they are just trying to reassess people quicker after they've won appeal.
Just don't feel I've recovered enough from all the stress of this appeal/tribunal to do it again so soon!!

H

hells36 wrote:

Hi bro58

The tribunal was in June backdated to November 2011, only actioned by dwp this week apparently then was told what I've already said in earlier post tonight.

I guess like you say they are just trying to reassess people quicker after they've won appeal.
Just don't feel I've recovered enough from all the stress of this appeal/tribunal to do it again so soon!!

H

Hi H,

Therefore if you were originally placed in the WRAG in November 2011, the revised decision by the Tribunal to place you in the SG will be backdated to November 2011, therefore your SG award is not for 3 months only.

At this present time you will be classed as having been in the SG for 8-9 months already, (November 2011 until now) by the time you receive a new ESA50, and fill it in and return it (you have 4 weeks) and then you are assessed and informed, it will be knocking on for a year.

I hope this is clearer now.

Have you read :

How often will I be reviewed

bro58

Hi Bro58

Thanks for that yes I'd looked at guide but the phone conversation tonight threw me. I thought 3 months was a short time to be in SG. Maybe if she'd explained better rather than saying what she said I might of understood if I was lucky!

H

You will probably find that the person you spoke to was simply passing on the message and doesn't understand it herself!