- Posts: 51124
× Members
ESA
9 years 10 months ago - 9 years 10 months ago #122669 by Arlene Jukes 
Hi,
I, like many others, had an assessment, received no points, I appealed, then had to go through the Tribunal process.
I won the Tribunal, which is great, but unfortunately they could only make a decision on the basis of my condition at the time of my assessment. At that time I was able to walk 200 metres.
So I was only placed in the WRAG, and as I have already received the 365 days of payment, I am no longer entitled to any further benefit. (Partner is in full time employment)
This has all been since September 2012.
I have Chronic back pain, as the doctor describes it. ( & yes, I know what a lot of people think of back problems ).
However, my condition worsened in November 2012, and I have medical history to back this up.
I am no longer able to do as much as I could and no longer able to walk 50 metres required for Descriptor 1.
I informed the Appeals and DWP about this at the time, but they disregarded this due to the Assessment Decision and Appeal going on at the time. All they kept telling me was that they could only make a decision based on the day of the Assessment.
I feel that, as the Tribunal agreed I should still have been on ESA at the time of my condition worsening, surely should I not have been advised and entitled to make a fresh claim from November 2012?????
And then, hopefully, be placed in the Support Group due to the fact of no longer being able to mobilise for more than 50 metres (descriptor 1a = 15 points)
(Can I just add that I have only just found this site & deeply regret not having found it sooner, as having read all your advice on the forms etc, I feel I would have been much better prepared for this nightmare and wouldn't be in this position
)
Any advice would be greatly appreciated.
Thank you in advance.
Arlene
ESA was created by Arlene Jukes
Hi,
I, like many others, had an assessment, received no points, I appealed, then had to go through the Tribunal process.
I won the Tribunal, which is great, but unfortunately they could only make a decision on the basis of my condition at the time of my assessment. At that time I was able to walk 200 metres.
So I was only placed in the WRAG, and as I have already received the 365 days of payment, I am no longer entitled to any further benefit. (Partner is in full time employment)
This has all been since September 2012.
I have Chronic back pain, as the doctor describes it. ( & yes, I know what a lot of people think of back problems ).
However, my condition worsened in November 2012, and I have medical history to back this up.
I am no longer able to do as much as I could and no longer able to walk 50 metres required for Descriptor 1.
I informed the Appeals and DWP about this at the time, but they disregarded this due to the Assessment Decision and Appeal going on at the time. All they kept telling me was that they could only make a decision based on the day of the Assessment.
I feel that, as the Tribunal agreed I should still have been on ESA at the time of my condition worsening, surely should I not have been advised and entitled to make a fresh claim from November 2012?????
And then, hopefully, be placed in the Support Group due to the fact of no longer being able to mobilise for more than 50 metres (descriptor 1a = 15 points)
(Can I just add that I have only just found this site & deeply regret not having found it sooner, as having read all your advice on the forms etc, I feel I would have been much better prepared for this nightmare and wouldn't be in this position
)Any advice would be greatly appreciated.
Thank you in advance.
Arlene
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris