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after winning tribunal - more obstacles

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8 years 4 months ago #144917 by SWANSEAJACK
after winning tribunal - more obstacles was created by SWANSEAJACK
hello forum members
hoping someone can help me - I had been receiving contribution based esa which stopped after the year was up, they took a year to reassess me and told me I was not eligible for the support group, I was fit for work.my condition worsened in that time so I should have been put in the support group. but after my medical I was turned down. I appealed the decision and won. and the judge wrote the reasons why and said I should be placed in the support group and not to reassess me for 18 months.
I sent a copy of the judges ruling and a medical certificate for the past 6 months but now I have received a letter which has no mention of any of this and has enclosed a new esa form which is the same as I filled in on my original claim.
can someone advise me what I should do next.

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8 years 4 months ago #144926 by Gordon
Replied by Gordon on topic after winning tribunal - more obstacles

SWANSEAJACK wrote: hello forum members
hoping someone can help me - I had been receiving contribution based esa which stopped after the year was up, they took a year to reassess me and told me I was not eligible for the support group, I was fit for work.my condition worsened in that time so I should have been put in the support group. but after my medical I was turned down. I appealed the decision and won. and the judge wrote the reasons why and said I should be placed in the support group and not to reassess me for 18 months.
I sent a copy of the judges ruling and a medical certificate for the past 6 months but now I have received a letter which has no mention of any of this and has enclosed a new esa form which is the same as I filled in on my original claim.
can someone advise me what I should do next.


Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

You don't mention any specific dates, so it's a little difficult to work out what has happened and when.

From your post you made a claim for ESA at some time more than a year ago and received ESA(CB) while waiting to be re-assessed. You appear to have spent a year on the ESA Assessment rate which ended after 365 days.

Were you eligible for ESA(IR) after your ESA(CB) finished?

At some time after the year was up you were assessed and found Fit for Work, you appealed this Decision.

When your appeal was heard you were placed in the Support Group.

From your post the DWP appear not to have processed the Tribunal result yet or is it now in payment again?

Unfortunately, the DWP are not bound by the Judge's recommendation as to when to re-assess you but their own procedures state that a re-assessment should not be carried out until eight months have elapsed from the hearing.

You mention a deterioration in your condition, did this apply after the date of the Decision that you appealed and were the DWP aware of this?

If it did and the DWP were aware of this then this would be reason for them to re-assess you within the Judge's recommended timescale.

If there has been no deterioration since the original Decision or the DWP were not aware of a deterioration AND it is less than eight months since your appeal hearing, then you need to contact them and ask why a new ESA50 has been issued, citing Memo DMG 27/14 .

However, unless the ESA50 is withdrawn in writing, you are required to complete and return it within the required timescales.

You should have a look at our ESA Claim guides for help with completing the form and should attach any evidence that you have in support of your claim, even if you have already included it with a previous form.

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

To have issued a new ESA50 the DWP must have accepted the Tribunal result, even if it is not in payment, if it is not then your need to chase them about this as well.

If you can supply more detail we may be able to clarify what is going on in more detail, if you do or have more questions then 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

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8 years 4 months ago #145018 by SWANSEAJACK
Replied by SWANSEAJACK on topic after winning tribunal - more obstacles
hello and thanks for replying
I claimed cbesa for 365 days which ended on 14 feb 2014

I was not eligible for esa(ir) as my partner works but I continued to send in doctors medical certificates as they pay my N.I. cb only

I was assessed and found fit for work, I appealed the decision as on the day of the assessment I told them I had an appointment the next day for the first time with a psychiatrist, I was then diagnosed as being bipolar. at the time of my assessment they said I did not qualify for the support group. the tribunal judge has now said I should be in the support group.

no the DWP have not processed the tribunal result (the tribunal was on 6 nov 2015) they have just sent the esa form

they were notified the outcome of the bipolar diagnosis after the assessment but when they phoned to say I was being denied by the decision maker and that I was not eligible for the support group. the decision maker also said I should put the claim behind me and move on.

I am reluctant to fill in the esa form as it is for cb esa which I may now not be entitled to as I am not working, I have been fighting to get in the support group and the judges ruling also said this, this is why I am worried about filling in the cb esa form.

if the reason why DWP sent esa50 form saying I may be entitled to cb esa is that they accept decision, why do they not say support group entitlement.

thank you for helping with this, it is very hard to work through.

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  • foss27
8 years 4 months ago #145037 by foss27
Replied by foss27 on topic after winning tribunal - more obstacles
Some people have found that as soon as they won their case the DWP sent a new claim form for reassessment which they can do.

Did the judge give any time frame for reassessment in his judgement?

However even if they are doing this it doesn't exempt them from the judgement and they should put you in the support group and pay you until you are reassessed. You can also ring and ask for the IR ESA claim form if you'd rather.

If it were me I would write a complaint to the DWP, enclosing a copy of the judgement and threaten legal action to get what the law says you are entitled to. Send a copy of the letter and judgement to your MP or make an appointment and take them in and ask for your MPs help getting your money which the judge said you are entitled to.

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8 years 4 months ago #145041 by Gordon
Replied by Gordon on topic after winning tribunal - more obstacles
SJ

If your Tribunal was only on 6 November then I would not expect the DWP Payment department to have processed it yet, this usually takes 5-8 weeks.

As to the ESA50, they can't have it both ways, as your appeal was in regard a Fit for Work Decision you do not currently have an award that is subject to re-assessment and there is no reason for an ESA50 to be issued. If your appeal has been processed, then they are entitled to issue a new ESA50 but doing so goes against there own guidance as I explained in my previous post, but this must also result in your ESA going into payment again.

The Tribunal Decision applies from the date that you were found Fit for Work unless it was a new claim in which case it applies from the beginning of week 14 of your claim. In either case, because you have been placed in the SG you become entitled to ESA(CB) payments again.

The bottom line is that you need to contact the DWP to find out what is going on, failing to return an ESA50 without written confirmation that you can do so, will result in your claim being closed.

Gordon

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

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8 years 4 months ago #145057 by SWANSEAJACK
Replied by SWANSEAJACK on topic after winning tribunal - more obstacles
hello thanks for replying
yes he said I should not be assessed for 18 months

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