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ESA results confusing - advice needed
- klaus10
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12 years 3 months ago - 12 years 3 months ago #94620 by klaus10
ESA results confusing - advice needed was created by klaus10
This is my first post and I would like to start by saying thank you to everyone involved with this site. I like many others have found the information and advice given here to be invaluable.
I was migrated from IB to ESA WRAG without a medical in December last year. I appealed this decision and a tribunal hearing was scheduled for August this year. However, 2 weeks before the tribunal I had a WCA. The Doctor, I have to say was both compassionate and understanding. He seemed empathetic with my circumstances and I could tell that he had read all the information I had enclosed with my esa50. This was in contrast to the lawyer and doctor presiding at my tribunal hearing who appeared not to have read or grasped the information I had provided. Needless to say I found both the medical and tribunal hearing very stressful.
The day after the tribunal hearing I received the decision - appeal refused - and I was to remain in the WRAG. However, the following day I received the result of the medical and I was to be moved to the Support Group. I felt dejected one day and relieved the next. There was an overriding feeling of confusion. What if I had received the medical result before the tribunal hearing? Would it have made a difference to the outcome?
I realise that having been in the WRAG for 8 months any possible future decision to downgrade me back to the WRAG would only entitle me to benefit for a further 4 months.
I have received the esa85 and I am awaiting the statement of reasons from the tribunal. Can I ask the DWP for the tribunal decision to be superseded by the medical result, arguing that my condition and circumstances had not changed during the time in question, and that the medical result should override the paper assessment? If so, should I wait to receive the statement of reasons first?
Any advice would be much appreciated.
I was migrated from IB to ESA WRAG without a medical in December last year. I appealed this decision and a tribunal hearing was scheduled for August this year. However, 2 weeks before the tribunal I had a WCA. The Doctor, I have to say was both compassionate and understanding. He seemed empathetic with my circumstances and I could tell that he had read all the information I had enclosed with my esa50. This was in contrast to the lawyer and doctor presiding at my tribunal hearing who appeared not to have read or grasped the information I had provided. Needless to say I found both the medical and tribunal hearing very stressful.
The day after the tribunal hearing I received the decision - appeal refused - and I was to remain in the WRAG. However, the following day I received the result of the medical and I was to be moved to the Support Group. I felt dejected one day and relieved the next. There was an overriding feeling of confusion. What if I had received the medical result before the tribunal hearing? Would it have made a difference to the outcome?
I realise that having been in the WRAG for 8 months any possible future decision to downgrade me back to the WRAG would only entitle me to benefit for a further 4 months.
I have received the esa85 and I am awaiting the statement of reasons from the tribunal. Can I ask the DWP for the tribunal decision to be superseded by the medical result, arguing that my condition and circumstances had not changed during the time in question, and that the medical result should override the paper assessment? If so, should I wait to receive the statement of reasons first?
Any advice would be much appreciated.
Last edit: 12 years 3 months ago by Gordon.
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12 years 3 months ago #94622 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA results confusing - advice needed
klaus
First congratulations on the award.
The Tribunal is re-making the Decision that you appealed, rather than making a new Decision on your claim, so it could only consider your condition as it was in December of last year, whereas, the new assessment was looking at it as it was in August this year.
As a result, the new Decision is completely seperate from the Tribunal one and cannot be applied to it.
If you genuinely believe you should have been placed in the Support Group by the Tribunal and you can show that there has been Error of Law, see
What is an Error of Law?
You will need to get independant advice, as this is not a process we can assist with, and it could easily take a year to resolve, and will most likely require your attending a new Tribunal hearing, with no guarantee that they will find in your favour.
Where to get advice?
Gordon
First congratulations on the award.
The Tribunal is re-making the Decision that you appealed, rather than making a new Decision on your claim, so it could only consider your condition as it was in December of last year, whereas, the new assessment was looking at it as it was in August this year.
As a result, the new Decision is completely seperate from the Tribunal one and cannot be applied to it.
If you genuinely believe you should have been placed in the Support Group by the Tribunal and you can show that there has been Error of Law, see
What is an Error of Law?
You will need to get independant advice, as this is not a process we can assist with, and it could easily take a year to resolve, and will most likely require your attending a new Tribunal hearing, with no guarantee that they will find in your favour.
Where to get advice?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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