ESA Decision Notice Mess

My ESA tribunal hearing took place on 13.10.11.

The Judge & Doctor stopped the tribunal after 10 mins. They didn't require me to go through any further details.

Both came out into the waiting area & told my Welfare Rights representative & myself that I was being placed in the Support Group.

The clerk to the court said that her '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)

Welfare Rights & Benefits & Work advisors have all said this places me in the Support Group.

DWP/Jobcentre Plus has now placed me in the WRAG.

I don’t know whether the clerk has used the wrong form and the Decision Notice should have stated Support Group rather than ‘with the work related activity component’ or whether the clerk expected DWP to read further down the Decision Notice & see that Schedule 3 Regulations descriptor 11 (c) had been met.

The Judge and Doctor were able to ascertain the severity of my mental state at the Tribunal. 5 weeks have now passed since my hearing. Not only have I experienced the anxiety & stress of the appeal process and the Tribunal but this is now being compounded by being placed in the wrong ESA group and trying to resolve the problem through DWP/Jobcentre plus, to no avail.

I have tried to talk to decision makers at Jobcentre Plus but can’t seem to get anywhere.

I'm at a complete loss what to do. How can they have got something so wrong that should be so straight forward.

Can you please advise me what to do to sort this out.

Many thanks

Gordon

The Tribunal Service in Birmingham today advised me to write to ‘Post Hearing’ at the Birmingham Admin Centre and to ask for a Decision Notice Correction.

I reported the error to Jobcentre Plus by telephone on 02.11.11 and then again on 17.11.11 but nothing seems to be done.

I’ve tried to contact my Welfare Rights advisor but I think he’s absolutely snowed under & spends 90% of his time in court.

I will explore making a complaint.

The problems just seem to go on and on at every stage.

Thanks …….. Stanley

Hi Stanley

Please see the thread below from a year ago.

www.benefitsandwork.co.uk/forum?func=view&catid=10&id=32943

Regards

Derek

Wrote to Appeals Dept @ DWP & also Post Hearing Dept @ H M Courts & Tribunals Service in B'ham. Briefly met with Welfare Rights Team Manager yesterday who also contacted DWP Appeals.

Problem is now sorted out & I have DWP letter confirming I am being placed into the Support Group.

Reason given for problem was 'an admin error'.

Many thanks for everyone's help.

Stanley