after winning tribunal - more obstacles

SWANSEAJACK wrote: hello thank you for your time in all of this.
the previous response from foss27 mentions ir esa and you mention it takes 5-8 weeks to process in dwp so what should be my next approach?
should I send back the esa or just draft a letter and should I direct it to a superviser or something. I received the form Monday so I would like to get something off before the weekend in case I miss a deadline. should I say in the letter that I should be in the support group and to start my payments, should I say to back date them, and should I say they have sent me the wrong form?
sorry to ask so many questions? but these few responses has been such a relief to me.

Whilst you can write I would recommend that you phone the DWP.

A letter could easily take weeks to be received in the right department and for them to reply, leaving you no time to complete the ESA50 if they insist that you do so.

If you can't phone yourself then find someone to phone on your behalf, you will need to be present for the security questions and to authorise the DWP to speak to the other person, but they can then take over. If you get no where with the call centre staff then you should ask for a call back from a manager, this usually takes three hours.

Basically you need to know why this ESA50 has been issued? to repeat my previous post, if the Tribunal result has not been actioned then you do not have a claim that is subject to re-assessment, if they have processed the Tribunal Decision, then why is your ESA not in payment.

I do have to warn you that even if you get this ESA50 withdrawn (and it must be in writing), it is quite possible that you will get another when your Tribunal result is processed. Although the judge has recommended no assessment for 18 months and the DWP guidance says 8 months after a Tribunal, neither of these are legally binding on the DWP.

Gordon

SWANSEAJACK wrote: hello
my husband phoned this morning, he was told they have received the ruling and i am in the support group. they want me to fill in the esa to see if i am entitled to cb payments as i had exhausted my payments. my husband asked them (aileen) why we had to send this form back when it was for esa and not support group and she said they needed the form before they could calculate if i am entitled to any payments. does this sound right?
also in case its important, my husband works full time. i had been working full time upto several years ago, they have been paying my n.i. since they stopped my cb payments i believe.
any advice on what to do next? are they right about having to fill that form in or have i been misadvised.

What is the form that they have asked you to complete, is it an ESA1 or an ESA50?

If it is an ESA1 then it may be required because they will have deleted your computer record and cannot re-create it without the information.

However, you do not need to re-qualify for ESA(CB), providing you did not close your claim and have continued to have Limited Capability for Work, which you will have unless you started work. If your ESA(CB) payment were stopped due to the 365 day rule then being placed in the SG allows them to be re-instated from the date the Tribunal Decision applies from.

If the form is a new ESA50, then my previous advice is still relevant.

Gordon

SWANSEAJACK wrote: just to say I have now completed the form and sent it off - I will keep you informed of the outcome.
even though I do not get any payment am I still entitled to free dental care.

many thanks for all your help in this matter, it is hugely appreciated.

You will only be entitled to free dental care if you receive an Income Related benefit such ESA(IR), from your posts this does not appear to be the case.

Gordon