ESA decisions Important Development

Hello All, I hope you are all keeping your chin up in these difficult times, here is possibly an important bit of news for you re- Work Capability Assessment (which I take it is a so called Medical?) and ESA decisions.
On Friday I attended my ESA appeal (I have been migrated from Incapacity Benefit to ESA WRAG I need to be in Support Group) I had the support of an Independent Tribunal Representative we were called in before the Tribunal panel and the Judge started to explain to me how the Tribunal works etc during this explanation he assumed I had been for a WCA I said no I had not been called to attend such an assessment, this statement from me stopped the hearing in it’s tracks The Judge and Doctor on the panel had just been handed two sheets of A4 which they both read and had a little conference between themselves for a few minutes after which The Judge addressed both myself and my Representative saying the information they had just been handed and read was from a highly respected Judge from Bristol who had ruled if DWP Customers had not attended a WCA any decision made by The Decision maker would in effect be “Invalid” these are not the exact words as I have yet to be emailed a copy of The Bristol Judges statement which was being circulated to all tribunal Judges.
My appeal was adjourned for at least 6 weeks to give my Rep and I time to inform the DWP and get a reaction from them on how to move forward with my situation, The Tribunal Judge suggested I should ask the DWP to reinstate my Incapacity Benefit as it would appear my transfer to ESA was invalid.
I will post a copy here of the Bristol Judges statement when I receive it.
My Representative and I were discussing how what has now happened to me with regard to ESA and many others which have been migrated from Incapacity Benefit to ESA when a decision had been made without them attending a WCA?.
I will keep you updated on my situation as and when it develops, I felt I should post on Benefits & Work website here to make others aware of this possible error in Benefit Law.
Best wishes Condor.////.

Does this mean that those then that were placed in WRAG, sent in a form stating they believe this is a wrongful descision and wish to appeal, AND then the DM looks at your case and then says 'You are now in the SG,'is wrong?? Will this mean that those of us who went thru this route without a WCA, and only A DM looking at your paperwork and it not therefore going to appeal, will have to go thru the whole bloody thing again before we were meant to be assesed whenever the end date was given ( in my case 18 months - form again next April)
If that is the case, surely a legal challenge will ensue, costing the tax payers even more money?!!!

Condor wrote:

Hello All, I hope you are all keeping your chin up in these difficult times, here is possibly an important bit of news for you re- Work Capability Assessment (which I take it is a so called Medical?) and ESA decisions.
On Friday I attended my ESA appeal (I have been migrated from Incapacity Benefit to ESA WRAG I need to be in Support Group) I had the support of an Independent Tribunal Representative we were called in before the Tribunal panel and the Judge started to explain to me how the Tribunal works etc during this explanation he assumed I had been for a WCA I said no I had not been called to attend such an assessment, this statement from me stopped the hearing in it’s tracks The Judge and Doctor on the panel had just been handed two sheets of A4 which they both read and had a little conference between themselves for a few minutes after which The Judge addressed both myself and my Representative saying the information they had just been handed and read was from a highly respected Judge from Bristol who had ruled if DWP Customers had not attended a WCA any decision made by The Decision maker would in effect be “Invalid” these are not the exact words as I have yet to be emailed a copy of The Bristol Judges statement which was being circulated to all tribunal Judges.
My appeal was adjourned for at least 6 weeks to give my Rep and I time to inform the DWP and get a reaction from them on how to move forward with my situation, The Tribunal Judge suggested I should ask the DWP to reinstate my Incapacity Benefit as it would appear my transfer to ESA was invalid.
I will post a copy here of the Bristol Judges statement when I receive it.
My Representative and I were discussing how what has now happened to me with regard to ESA and many others which have been migrated from Incapacity Benefit to ESA when a decision had been made without them attending a WCA?.
I will keep you updated on my situation as and when it develops, I felt I should post on Benefits & Work website here to make others aware of this possible error in Benefit Law.
Best wishes Condor.////.

Hi C,

I am not aware of such a ruling as of this time, I do know that WRA's were putting forward different aguments regarding migration from IB to ESA, as seen on rightsnet.

I am aware that a claimant can not be classed as "fit for work" if they have not attended a "face to face" assessment.

My interpretation of WCA is the whole Works Capability Assessment process, which may or may not include a "face to face" assessment ("medical").

Don't forget, First Tier decisions can be appealed to the Upper Tier by the DWP.

bro58

Gordon wrote:

Condor

What were you appealing? A Fit for Work Decision, or to be placed in the Support Group from the WRAG?

If the former, then the DWP have certainly acted illegally, if they have rendered a Fit for Work Decision without you attending a WCA assessment, providing that it was not for technical reasons (e.g. failed to attend, etc.)

Gordon

The OP was appealing against a decision to be placed in the WRAG rather than the SG.