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Won my Appeal Tribunal today

  • sandra
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11 years 3 months ago - 11 years 3 months ago #100518 by sandra
Won my Appeal Tribunal today was created by sandra
Many thanks to you all for your help and support
I won my appeal at the tribunal today :laugh: It wasn't as bad as i thought it was going to be, I was extremely nervous, but they were very nice and tried to put me at ease. He asked me if i knew the difference between the support group and wrag group. I said what i thought and mentioned the 365 day rule.
After a few questions the judge asked the doctor if he heard enough and then said straight that I won the appeal. He said that he would write to me and let me know what group they would recommend that i go in. They didn't mention how many points i had or anything, so i will just have to wait. but at least i won.
As i have been on incapacity benifit since 1996, if i was put in the wrag group, would it be income based or contribution based ESA after the 365 ay rule?
Last edit: 11 years 3 months ago by slugsta.

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11 years 3 months ago #100522 by chrissy v
Replied by chrissy v on topic Won my Appeal Tribunal today
Hi there,

Were you appealing a fit for work decision ?

Well done anyway

Chrissy V

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11 years 3 months ago - 11 years 3 months ago #100523 by slugsta
Replied by slugsta on topic Won my Appeal Tribunal today
Hi Sandra, that is good news - thanks for letting us know :)

I'm afraid that I don't remember whether you were appealing against a 'fit to work' decision or against a WRAG decision.

All IB recipients are being transferred to Contributary ESA so the 365 day rule applies to anyone in the WRAG. This time starts from the day that ESA was started (the tribunal were re-making the original decision).

You can apply for a Statement of Reasons. However, there is a small risk associated with this. The Statement of Reasons would be sent to DWP too and that would allow them to scrutinise the judgement and see whether they think there is any Error in Law that would enable them to ask the Upper Tier tribunal to 'set aside' this decision.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

Would it surprise you to learn that DWP are often a little tardy giving you the backpay?! When you get your decision letter from the tribunal, send a copy to DWP and that can speed things up.

You might not learn exactly how many points you score because they tend to stop counting once you have reached the requisite 15. Of course, the Support Group is not points based. Tribunals often advise how long you should have before reassessment. However this is only advisory and it seems that DWP are not taking much notice.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 3 months ago by slugsta. Reason: tick

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  • sandra
  • Topic Author
11 years 3 months ago - 11 years 3 months ago #100532 by sandra
Replied by sandra on topic Won my Appeal Tribunal today
Hello,
Yes I was found fit for work at the assessment I had last June . I was previously on incapacity benifit and I had the decision in September. I'm exhausted but relieved about this decision today because I felt like I have been fighting a losing battle for all these months
So .if they put me in wrag group,the money would stop and it will all start again? And will that mean they would have to take into account any savings and my husbands state pension and works pension into consideration to?
Last edit: 11 years 3 months ago by slugsta.

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11 years 3 months ago #100538 by slugsta
Replied by slugsta on topic Won my Appeal Tribunal today
The reassessment date and the 365 day limit are unrelated. After 365 days in WRAG you would either be entitled to income-related ESA (which will take into account your husband's income and savings) or you would get just NI credits and no money. Your reassessment can happen any time from 3 months to three years.

I think we are getting ahead of ourselves here though. When you get the decision letter we will know what we are dealing with.

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

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  • bro58
11 years 3 months ago #100539 by bro58
Replied by bro58 on topic Won my Appeal Tribunal today
Hi S,

What a long battle this has been.

As MHB advises let us know which ESA Group you have been placed in, once you receive The Tribunal's Decision Notice, and we will take it from there. :)

bro58

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