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  • bro58
9 years 3 months ago - 9 years 3 months ago #127332 by bro58
Replied by bro58 on topic ESA

Michelle wrote: She said I will be in WRAG or support depending the on case the DWP was appealing. She said if she implement it yet as it wouldn't count and I would have to go through it again.


Hi M,

See : My previous post.

bro58
Last edit: 9 years 3 months ago by bro58.

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9 years 3 months ago - 9 years 3 months ago #127333 by Somerset21
Replied by Somerset21 on topic ESA
Thank you bro58. She did say that I was unfit for work and that is the main thing for me. I shall wait for the paperwork and see what it says. It is all ever so confusing.
Last edit: 9 years 3 months ago by bro58.

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  • bro58
9 years 3 months ago - 9 years 3 months ago #127335 by bro58
Replied by bro58 on topic ESA

Michelle wrote: Thank you bro58. She did say that I was unfit for work and that is the main thing for me. I shall wait for the paperwork and see what it says. It is all ever so confusing.


Hi M,

Yes, it can be most confusing !!

Hopefully, you will gain a positive decision.

Please keep us updated, and have a very Merry Xmas, and a "Prosperous" New Year. (with the back pay that you may be entitled to) :) :laugh:

bro58
Last edit: 9 years 3 months ago by bro58.

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9 years 3 months ago - 9 years 3 months ago #127473 by Somerset21
Replied by Somerset21 on topic ESA
Hi. I had my Directions Notice today. Some of what it says is, The Tribunal has made no determination on the appeal. However, taking into account the available evidence Regulation 35 of the Employment and Support Allowance Regulations 2008 is in issue.
This appeal is stayed.
The appeal is to be referred to a District Tribunal Judge for further directions 28 days from today.
If and when the stay is ultimately lifted, the Respondent is to provide a written submission and evidence setting out the type of Work Related Activity which it is anticipated that the Appellant would have to engage in.
Last edit: 9 years 3 months ago by bro58.

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  • bro58
9 years 3 months ago - 9 years 3 months ago #127475 by bro58
Replied by bro58 on topic ESA

Michelle wrote: Hi. I had my Directions Notice today. Some of what it says is, The Tribunal has made no determination on the appeal. However, taking into account the available evidence Regulation 35 of the Employment and Support Allowance Regulations 2008 is in issue.
This appeal is stayed.
The appeal is to be referred to a District Tribunal Judge for further directions 28 days from today.
If and when the stay is ultimately lifted, the Respondent is to provide a written submission and evidence setting out the type of Work Related Activity which it is anticipated that the Appellant would have to engage in.



Hi M,

This "Direction" is basically saying that The Tribunal consider that your entry to The SG under ESA Reg 35 may be applicable.

They are therefore "staying" your appeal.

Your appeal will now be put before The FTT District Judge, (A more senior Tribunal Judge) where the Judge should provide further direction within 28 days.

When the stay is lifted, The Secretary of State (S of S) (IDS, The DWP, who are The Respondent) must provide details of which type of Work Related Activity (WRA) that you may be compelled to comply with if placed into The WRAG.

If either The S of S (The Respondent) fails to provide this information, or they do provide details of what WRA you would have to comply with, and it is considered that there would be "Substantial Risk" to your own health or that of another if you were forced to comply with such WRA, you would be placed into The SG under ESA Reg 35.

Unless The Tribunal are seriously considering placing you into The SG under ESA Reg 35, and not simply placing you into The WRAG, this seems like a "bit of a cop out".

You may want to send a copy of the attachment that I have previously provided in this thread to The Clerk, and ask that they bring it to the attention of The District Judge who will be making directions on your appeal.

bro58
Last edit: 9 years 3 months ago by bro58.

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9 years 3 months ago #127476 by Somerset21
Replied by Somerset21 on topic ESA
Thank you I will sent it in. All this bother and I would of been happy just to go back in the WRAG group. I have to stay on assessment rate all this time. Seems a bit unfair really.
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