ESA

Michelle wrote: 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.

Hi M,

Hopefully you will receive a decision sooner rather than later, it does seem that The Tribunal consider that you do at least qualify for The WRAG, and that depending on what type of WRA you may have to take part in, that you may also qualify for The SG under ESA Reg 35.

I can fully understand your annoyance !!

Please try and have the best Xmas & New Year possible.

All being well, you will have some back payment of arrears coming your way in The New Year !!

bro58

Thank you bro58 Merry Christmas and a Happy new year .

Hi. So I had my tribunal on the 15th December where they found me unfit for work. I had a Directions Notice saying that the appeal is to be refereed to a District Tribunal Judge for further directions 28 days from today. Which would of been 12th January. I phoned up today and it has not been heard and they can not tell me when it will be heard or even give me a ruff timescale. So I am suck on assessment rate still having to get fit notes.

Michelle wrote: Hi. So I had my tribunal on the 15th December where they found me unfit for work. I had a Directions Notice saying that the appeal is to be refereed to a District Tribunal Judge for further directions 28 days from today. Which would of been 12th January. I phoned up today and it has not been heard and they can not tell me when it will be heard or even give me a ruff timescale. So I am suck on assessment rate still having to get fit notes.

Hi M,

There is definitely no further reasons to delay/stay this hearing/decision, unless it is for The DWP to provide details of what type of Work Related Activity you may have to take part in, if placed into The WRAG.

It has been confirmed that The Secretary of State for Works & Pensions is Not going to appeal The "IM" Decision regarding ESA Reg 35.

As seen on : This rightsnet post.

Please keep us updated.

bro58

It says they have considered all the evidence. The Tribunal has made no determination on the appeal. However, taking into account thee available evidence Regulation 35 is in issue.

The appeal is stayed in accordance with the Notice served by the SOS under section 26(4)(a).

The appeal is to be refereed 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 is is anticipated that the Appellant would have to engage in.

Michelle wrote: It says they have considered all the evidence. The Tribunal has made no determination on the appeal. However, taking into account thee available evidence Regulation 35 is in issue.

The appeal is stayed in accordance with the Notice served by the SOS under section 26(4)(a).

The appeal is to be refereed 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 is is anticipated that the Appellant would have to engage in.

Hi M,

The stay should have been lifted due to The S of S for DWP not appealing.

" the Respondent is to provide a written submission and evidence setting out the type of Work Related Activity which is is anticipated that the Appellant would have to engage in"

This reiterates what I have written :

" unless it is for The DWP to provide details of what type of Work Related Activity you may have to take part in, if placed into The WRAG."

"the Respondent" being The DWP.

bro58