ESA decisions Important Development

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.////.

The only potential circumstances of which B & W is aware whereby the work capability assessment could be declared invalid, is covered in the spotlights thread entitled ESA Conversion Process Appeals.

What you have reported is a completely different scenario and it is indeed an interesting development, but as has been explained in the previous post we really do need to see what emanates from any information you receive from the relevant judiciary?

Hello All, please please do not worry or panic about what happened to me at my ESA appeal (to repeat I was migrated from IB to ESA WRAG I am appealing to be placed in the Support Group), we all know what the benefits system is like doing all kinds of things ie left hand doesn't know what right hand is doing etc etc. The last thing I want to do is add to anyones stress levels I only want people to be informed. I do think the information the Tribunal Judge received was not only for my appeal but is being circulated to all appeal Judges, the appeal Judge commented to my Rep and myself "the Judge who sent the info is highly respected and at a considerably higher level than himself and what said could be heavily relied upon".
Information I do have about this is as follows, "a recent decision by MESHER. 2012 AACR 17." " from Judge Street".
Best wishes Condor.

Condor wrote:

Hello All, please please do not worry or panic about what happened to me at my ESA appeal (to repeat I was migrated from IB to ESA WRAG I am appealing to be placed in the Support Group), we all know what the benefits system is like doing all kinds of things ie left hand doesn't know what right hand is doing etc etc. The last thing I want to do is add to anyones stress levels I only want people to be informed. I do think the information the Tribunal Judge received was not only for my appeal but is being circulated to all appeal Judges, the appeal Judge commented to my Rep and myself "the Judge who sent the info is highly respected and at a considerably higher level than himself and what said could be heavily relied upon".
Information I do have about this is as follows, "a recent decision by MESHER. 2012 AACR 17." " from Judge Street".
Best wishes Condor.

Hi C,

After a quick search, this seems to be the decision from Judge Mesher that you are citing ? :

www.osscsc.gov.uk/Aspx/view.aspx?id=3341

bro58

hi
I was very interested reading your post as i was migrated from 14yrs on Ib to the esa wrag, all that i had to do was fill the esa50 in which i followed the guides on here, i sent loads of medical reports and other evidence with it expecting to be placed in the support group. (NO PROBLEM?)I then had the decision letter that i was in the WRAG which i totally disagree with! i never had a WCA or MEDICAL before hand!! the only evidence ATOS was working from was my esa50 and a MED3 again what MED3?? the last MED i sent in and i have a copy of that was a MED4 in 2004 which my GP filled in for me, i have asked my GP if ATOS or DWP had been intouch and they hadn't?! so where did they get a MED3 from!!(VERY SUSPECT?) (looking into that sneaky one aswell) i had phoned DWP up for reasons on the decision and they also sent me the ESA50A Med Report, I went to the CAB for advice which they were exellent they also filled my GL24 appeal in etc etc and I sent it off that day (RECORDED DELIVERY)(DO NOT TRUSY!!!)(no letter of acknowlegment yet 3 weeks now??) and at the same time i was reffered to the Welfare rights who are taking my case on now, 5 days later COINCIDENTLY i rceived a letter from my local Job centre for a WCA like you i think this is another way of having a sort of Medical which know doubt the report will go back to the main office they think i fell of an apple tree i dont think so!! so sorry to go on a bit but i agree with you!!

Today i have just recieved a letter stating that i have been put in the ESA WRAG from IB and i have not attended a WCA,i gather the decision was made based on the medical questionaire, i need to be in the support group and will need to appeal,if i do and iam not successful do i stay on in the WRAG?Also given what has been said should i have had a WCA,before they decided to put me in the WRAG group.