Going ahead with tribunal or waiting for new form?

Does anyone have any knowledge from their own or others' experience what would be the best thing for me/my health to do:

I had no guidance or help to complete my questionnaire last year. I received my WRAG decision in January but am due to be reassessed October. I went ahead with an appeal and the tribunal's first acknowledgement letter came end of April (no date yet but saying it's taking them 10-14 weeks to provide dates). I'm in the process of compiling further evidence/grounds, but had to deal with my DLA claim/appeal for May/June. The likelihood seems high of my hearing being after October when the new questionnaire is supposed to be sent. I would prefer a new questionnaire which I will now complete properly as per B&W, but I have also deteriorated since last year. I really don't want to push myself to go to a hearing; on a bad day it will be impossible although I opted for an oral hearing just in case because I know the success rate is higher.

Will the DWP send the questionnaire if they know an appeal is active?
If my questionnaire comes, do I complete it and wait for the decision, and only if it's favourable (Support Group) do I then cancel the appeal? But the decision of it could be AFTER the hearing date.

Any knowledge and suggestions would be so great - I want to do the best thing for my health and stress levels. Thank you for reading!

grace wrote: Does anyone have any knowledge from their own or others' experience what would be the best thing for me/my health to do:

I had no guidance or help to complete my questionnaire last year. I received my WRAG decision in January but am due to be reassessed October. I went ahead with an appeal and the tribunal's first acknowledgement letter came end of April (no date yet but saying it's taking them 10-14 weeks to provide dates). I'm in the process of compiling further evidence/grounds, but had to deal with my DLA claim/appeal for May/June. The likelihood seems high of my hearing being after October when the new questionnaire is supposed to be sent. I would prefer a new questionnaire which I will now complete properly as per B&W, but I have also deteriorated since last year. I really don't want to push myself to go to a hearing; on a bad day it will be impossible although I opted for an oral hearing just in case because I know the success rate is higher.

Will the DWP send the questionnaire if they know an appeal is active?
If my questionnaire comes, do I complete it and wait for the decision, and only if it's favourable (Support Group) do I then cancel the appeal? But the decision of it could be AFTER the hearing date.

Any knowledge and suggestions would be so great - I want to do the best thing for my health and stress levels. Thank you for reading!

Hi g,

Welcome to Benefits and Work

The Tribunal will only look at how you were at the time of the adverse WRAG award that you have appealed. They will not take into account any change or deterioration in your condition since that time.

If you are successful, and placed into The SG, The Tribunal will in fact be "Remaking" the adverse WRAG decision, so you will be deemed to have been in The SG since that time.

As you are currently in The WRAG, (under appeal) the DWP/ATOS can send out another ESA50 to instigate a reassessment if and when the recommended length of time before reassessment (the prognosis) is coming to an end. (generally around 8 weeks before this).

Any such reassessment will be a totally different issue to your appeal, as it will look at how you are at the time of the reassessment, and not how you may have been in the past.

As a decision made by the Tribunal would run from the time of the adverse WRAG decision, any decision made by a reassessment would supercede this.

In other words, any decision made by the Tribunal would only run from the time of the adverse WRAG award until the date of any award as a result of a reassessment.

So, "yes" they can send out a new ESA50 to reassess you.

"Yes" you could cancel the appeal if you are placed into The SG as a result of the reassessment. However, if you do this, and you are in receipt of Contribution Based (CB) ESA only in The WRAG, any time that you have been in The WRAG in receipt of CB ESA will be deducted from your 365 days entitlement to payment. :

12 Month Limit for ESA(CB)

You only get this 365 days once, therefore if you were placed into The WRAG once more at some future reassessment, then any period previously spent in The WRAG as above would be deducted from your 365 days entitlement.

If you were to go forward with your appeal, and were placed into The SG, then as this Tribunal decision would remake the original WRAG award, it would be as if you had never been in The WRAG. Therefore, you would still have your full 365 days entitlement to CB ESA in The WRAG.

As you can see, you would have to weigh up the different outcomes, and consider which would be best for you.

Of course, if you are currently in receipt of IR ESA in any part, or you think that you may be entitled to it when your CB ESA ceases, then there is no 365 day entitlement rule if in receipt of IR ESA.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

One final question, Have you definitely been informed by The DWP that the prognosis on your WRAG award is due to end in October ?

bro58

bro58 wrote:

grace wrote: Does anyone have any knowledge from their own or others' experience what would be the best thing for me/my health to do:

I had no guidance or help to complete my questionnaire last year. I received my WRAG decision in January but am due to be reassessed October. I went ahead with an appeal and the tribunal's first acknowledgement letter came end of April (no date yet but saying it's taking them 10-14 weeks to provide dates). I'm in the process of compiling further evidence/grounds, but had to deal with my DLA claim/appeal for May/June. The likelihood seems high of my hearing being after October when the new questionnaire is supposed to be sent. I would prefer a new questionnaire which I will now complete properly as per B&W, but I have also deteriorated since last year. I really don't want to push myself to go to a hearing; on a bad day it will be impossible although I opted for an oral hearing just in case because I know the success rate is higher.

Will the DWP send the questionnaire if they know an appeal is active?
If my questionnaire comes, do I complete it and wait for the decision, and only if it's favourable (Support Group) do I then cancel the appeal? But the decision of it could be AFTER the hearing date.

Any knowledge and suggestions would be so great - I want to do the best thing for my health and stress levels. Thank you for reading!

Hi g,

Welcome to Benefits and Work

The Tribunal will only look at how you were at the time of the adverse WRAG award that you have appealed. They will not take into account any change or deterioration in your condition since that time.

If you are successful, and placed into The SG, The Tribunal will in fact be "Remaking" the adverse WRAG decision, so you will be deemed to have been in The SG since that time.

As you are currently in The WRAG, (under appeal) the DWP/ATOS can send out another ESA50 to instigate a reassessment if and when the recommended length of time before reassessment (the prognosis) is coming to an end. (generally around 8 weeks before this).

Any such reassessment will be a totally different issue to your appeal, as it will look at how you are at the time of the reassessment, and not how you may have been in the past.

As a decision made by the Tribunal would run from the time of the adverse WRAG decision, any decision made by a reassessment would supercede this.

In other words, any decision made by the Tribunal would only run from the time of the adverse WRAG award until the date of any award as a result of a reassessment.

So, "yes" they can send out a new ESA50 to reassess you.

"Yes" you could cancel the appeal if you are placed into The SG as a result of the reassessment. However, if you do this, and you are in receipt of Contribution Based (CB) ESA only in The WRAG, any time that you have been in The WRAG in receipt of CB ESA will be deducted from your 365 days entitlement to payment. :

12 Month Limit for ESA(CB)

You only get this 365 days once, therefore if you were placed into The WRAG once more at some future reassessment, then any period previously spent in The WRAG as above would be deducted from your 365 days entitlement.

If you were to go forward with your appeal, and were placed into The SG, then as this Tribunal decision would remake the original WRAG award, it would be as if you had never been in The WRAG. Therefore, you would still have your full 365 days entitlement to CB ESA in The WRAG.

As you can see, you would have to weigh up the different outcomes, and consider which would be best for you.

Of course, if you are currently in receipt of IR ESA in any part, or you think that you may be entitled to it when your CB ESA ceases, then there is no 365 day entitlement rule if in receipt of IR ESA.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

One final question, Have you definitely been informed by The DWP that the prognosis on your WRAG award is due to end in October ?

bro58

Hi g,

I should have also added to my comment :

"So, "yes" they can send out a new ESA50 to reassess you"

That you must fill it in and return it by the deadline date given, no matter what the situation is with your appeal.

bro58

I'm new to the forum and getting the hang of posting to it so bear with me! I replied to bro58's first response but I think it was just after 16h00, when the forum closes, so it wasn't posted? I wrote:

Bro58, THANK YOU SO, SO MUCH for your reply!!!

So essentially the appeal is only important in terms of getting the higher rate backdated from January? My interview was deferred and haven't heard from them since.
Fortunately, I'm on IR ESA so don't have to worry about days.
In answer to your question, I failed my assessment but the DM put me into the WRAG (I was still without guidance/help at my assessment in December). Their decision was made mid-January and on their report it says reassessment is in 9 months, which would make it mid-October. Why did you ask?

grace wrote: I'm new to the forum and getting the hang of posting to it so bear with me! I replied to bro58's first response but I think it was just after 16h00, when the forum closes, so it wasn't posted? I wrote:

Bro58, THANK YOU SO, SO MUCH for your reply!!!

So essentially the appeal is only important in terms of getting the higher rate backdated from January? My interview was deferred and haven't heard from them since.
Fortunately, I'm on IR ESA so don't have to worry about days.
In answer to your question, I failed my assessment but the DM put me into the WRAG (I was still without guidance/help at my assessment in December). Their decision was made mid-January and on their report it says reassessment is in 9 months, which would make it mid-October. Why did you ask?

Hi g,

Yes, posts submitted after the closing times 4PM or 10PM will not show up on the forum.

"Their decision was made mid-January and on their report it says reassessment is in 9 months, which would make it mid-October. Why did you ask?"

The reason that I asked, was that many people get confused by the payment dates to and from on their ESA award decision notice letter.

This date is purely for admin purposes and is not the prognosis of the award.

I was just checking that you had actually been informed of the prognosis by the DWP.

If it is mid October, you would expect to receive a hew ESA50, around mid August.

You may want to have a look at the new Pdf ESA50 01/2013 in preparation, you could even start filling it in. :

Using The PDF Version Of The ESA50 Questionnaire

Whilst referring to the appropriate guides. :

ESA Claims Guides

bro58

This site and your help is just so invaluable!!!

After having 2 date-stamped DLA forms since last July (the most recent needing to be submitted in January), I finally found an advisor to do a home-visit. They weren't keen on providing lots of detail and examples (possibly because they're so busy), and didn't suggest me sending in lots of the medical evidence I have because in their opinion it was outdated. After being told decisions take 8-12 weeks, I got a reply after 10 days!!! of no award because the only medical evidence they had was my WRA assessment, and it was still within the 6-month validity period. I was distraught but since learnt that they turn about 50% initial claims down. So I pushed my brain to read your DLA guide and provided a lot more detail to certain answers and a lot of my medical evidence, and sent it off within the 1 month deadline for an appeal (although I'm obviously hoping for the revision to be successful).

In a few days I will start on the ESA appeal, reading the guide and following its suggestions. But doing that will help prepare me somewhat, I assume, for the new ESA50. But being so ill I do things so slowly and I'll need a break before completing the new ESA50. But this time round I'm going to be so prepared for answering the ESA50.

I know there's no guarantee that posts will be answered so I really appreciated your replies! Thank you.