× Members

Court Order

  • DCB
  • Topic Author
8 years 10 months ago - 8 years 10 months ago #134737 by DCB
Court Order was created by DCB
Can anyone help please?? I was issued a court order in 2007 which made me exempt for life from PCA testing. They are now pressuring me to fill out a questionnaire ESA 50 which leads to a medical, I am exempt from this as per court order under the grounds of severe mental illness. I informed the DWP today and sent them a copy of the court order which they deny ever having seen before and informed me that there is no such thing.
I am very concerned as my money may stop and it is causing a lot of stress and ill health.
Do I have grounds in taking action against the DWP for defying a court order?
Any advice much appreciated.
Kind Regards
DCB
Last edit: 8 years 10 months ago by . Reason: tick.

Please Log in or Create an account to join the conversation.

More
8 years 10 months ago #134741 by Gordon
Replied by Gordon on topic Court Order
DCB

The DWP will likely argue that ESA is a different benefit from Incapacity Benefit with very different criteria, also that it is an assessment of your limitations as they are now, not how you were in 2007!

Was the order issued by a Tribunal panel or (I'm deliberately splitting hairs on this), a Court of Law? If it was a Tribunal then I think it would significantly reduce any legal argument that it would apply to ESA, if a Court then you would need to get qualified legal advice, I'm not sure that your would be entitled to Legal Aid for this.

Do you feel able to complete the ESA50 in detail? Do you have up to date evidence or old evidence where you can state with authority that your conditions are the same or have deteriorated?

Have a look at our ESA Claim guides for details of the ESA criteria. See

www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have any further questions then please try and reply to this post and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

Please Log in or Create an account to join the conversation.

  • DCB
  • Topic Author
8 years 10 months ago #134999 by DCB
Replied by DCB on topic Court Order
Thanks Gordon for your reply.

The order was issued by a tribunal panel under exceptional circumstances regulation 27b (suffering from a severe mental illness) What I don't understand is why the ESA is disregarding the outline of this order. I agree that the WCA test dosen't have exceptions but surely they must take into consideration why I was given the court order in the first place!!


Regarding the up to date information I have filled out the ESA 50 with the help of mental well being exactly the same as it was done last year as I had kept a photocopy. Also regarding medical reports etc. I was signed off by psychologists in 2007 because they felt that they had done everything they could do to help me.
I now live on my own and don't have the support that I had before hence why I'm applying to change my DLA to PIP as well. I only received the low rate in DLA which I don't feel is adequate. I'm of the understanding that if I was awarded the enhanced rate of care component this would trigger the ESA exceptional circumstances under the new WCA test.

I hope you can understand what has been written as I am dyslexic and someone else has written this for me.

Look forward to hearing from you.

David

Please Log in or Create an account to join the conversation.

More
8 years 10 months ago #135004 by Gordon
Replied by Gordon on topic Court Order
DCB

If your order was issued by a Tribunal then I would not expect it to have any force with regard to ESA, the mental health tests are fundamentally different from those used for IB.

You mention in your latest post that you have completed your ESA50 using a photocopy of one completed for you a year ago, does this mean that you are currently in receipt of an ESA award? What group are you in?

ESA and PIP are separate benefits and whilst we have seen reports from one used to make an award of the other this only happens in very limited circumstances. I am afraid you have been misinformed about an enhanced award of PIP triggering the ESA Exceptional Circumstances, this is not the case and is in fact one of the areas where I would say that there was no overlap between the two benefits at all.

Have you tried to get assistance with your claim(s)? Do an internet search for "welfare advice" with your postcode, town or county.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: DCB

Please Log in or Create an account to join the conversation.

  • ken
8 years 10 months ago - 8 years 10 months ago #135265 by ken
Replied by ken on topic Court Order
Deleted : Mods do not enter into discussions with members on why they have deleted posts.

We do not have the time nor resources to do this.

Why have you deleted my post?

If you disagree with my decision, please contact : This email address is being protected from spambots. You need JavaScript enabled to view it.

bro58


This message contains confidential information
Last edit: 8 years 10 months ago by .

Please Log in or Create an account to join the conversation.

Moderators: GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.