DWP phoned and said "We want to start again"

Thanks everyone. My friend, who wrote to DWP last week for me, has said that since my condition is degenerative and it looks like I am to be allocated WRAG or Support Group ... then it will be a problem in future for DWP to try ratcheting me back to lowest rate ESA. He says take it one step at a time. I will let you know what the notification is when it arrives. But I understand DWP is calculating a substantial back payment.

'One step at a time' sounds good!

Oh he also says hang fire on filling in any new form as he wants to look at the implications if DWP try an iterative approach to reaching a decision in a matter to which they already committed to a decision. Appeal has to be decided on the evidence the decision was based on.

IE He says DWP have to accept they have reversed their decision. I have already been single journey migrated by the DWP from IB to ESA so their decision can only now be about ESA and the allocation of category availed by ESA law. Hence bew forms can only be about a review of the EA category I am to be awarded.

He says put that back payment in the bank and see what they come up with next.

Any updates Olivia?

I have received a letter stopping my ESA from 7th December. I have received an ATOS form the standard form for completion to migrate from IB.

I have phoned DWP twice. It seems that the man who phoned me wanting to start again ... is senior to those who you speak to about decisions. The first call resulted in me being told the system was down so she could not access my file. The second call I was told that I am on Incapacity Benefits and Income Support (I have never been on income support)

So I await an explanation letter from DWP.

Gordon you now appear to think it is open to a DWP decision maker to migrate me back on to Incapacity Benefit after ten months on ESA.

I may be happy to receive the back pay of 10 months differential between IB and lowest rate ESA.

But the decision to migrate me to ESA is by govt legislation and not subject to appeal. I was migrated from IB to ESA 10 months ago.

The decision under appeal is against the ESA classification. It cannot be against the fact of migration.

Hence the Decision makers and Tribunal have only remedies to offer that fall within ESA.

Can you quote the law that allows the outsome to DWP of cancelling the ESA migration 10 months along the appeal waiting time ?