- Posts: 33
- Forum
- Members forums
- ESA, PIP and DLA Queries and Results
- ESA Success …At least, I think it’s a success?
× Members
ESA Success …At least, I think it’s a success?
- leed46
- Topic Author
- Offline
Less More
9 years 9 months ago - 9 years 9 months ago #123662 by leed46
ESA Success …At least, I think it’s a success? was created by leed46
Re: Success …At least, I think it’s a success?
Apologies if I have duplicated this post. My cat jumped on my keyboard and it disappeared first time around as I was writing it.
I have been working on an appeal for my brother. His earlier ESA (he was originally in the work-related activity group) was terminated on 02.01.13 because he scored zero points in the WCA. Fast forward 18 months and at a paper hearing dated 02.06.14, the 1st tier tribunal set aside the original decision, allowed his appeal, awarded him 30 points and stated that he is entitled to the: “…support component”.
At first glance, this appears to be a success? A massive thank you then to the Moderators, Forum Community and authors of the written guides. Your kind encouragement and practical advice has been immeasurable throughout this long, painful and drawn-out journey.
However, I’m hesitant about it being a successful outcome. Fast forward a further 2 months (8½ weeks) from the date of the court’s ruling and my brother is still not in receipt of any benefit. I’ve tried to phone the DWP, but they will only talk to the claimant (my brother …whose very disability means he can’t communicate with anyone other than his immediate family), so I’ve written to them instead. 4 times now. But still not heard anything back.
My final questions then are:
i)
Is the court’s decision legally binding? Can the DWP disregard the ruling made by the tribunal, as seems to be the case?
ii)
To date, my brother has been without any income for almost for 20 months which has placed immense financial strain on his elderly parents with whom he lives and whom he is dependent upon. If the DWP accept the court’s ruling, will my brother’s benefit be backdated to 02.01.13? If they do backdate or begin paying him ESA, any ideas how much longer he might be expected to wait?
Kind Regards
Leed46
Apologies if I have duplicated this post. My cat jumped on my keyboard and it disappeared first time around as I was writing it.
I have been working on an appeal for my brother. His earlier ESA (he was originally in the work-related activity group) was terminated on 02.01.13 because he scored zero points in the WCA. Fast forward 18 months and at a paper hearing dated 02.06.14, the 1st tier tribunal set aside the original decision, allowed his appeal, awarded him 30 points and stated that he is entitled to the: “…support component”.
At first glance, this appears to be a success? A massive thank you then to the Moderators, Forum Community and authors of the written guides. Your kind encouragement and practical advice has been immeasurable throughout this long, painful and drawn-out journey.
However, I’m hesitant about it being a successful outcome. Fast forward a further 2 months (8½ weeks) from the date of the court’s ruling and my brother is still not in receipt of any benefit. I’ve tried to phone the DWP, but they will only talk to the claimant (my brother …whose very disability means he can’t communicate with anyone other than his immediate family), so I’ve written to them instead. 4 times now. But still not heard anything back.
My final questions then are:
i)
Is the court’s decision legally binding? Can the DWP disregard the ruling made by the tribunal, as seems to be the case?
ii)
To date, my brother has been without any income for almost for 20 months which has placed immense financial strain on his elderly parents with whom he lives and whom he is dependent upon. If the DWP accept the court’s ruling, will my brother’s benefit be backdated to 02.01.13? If they do backdate or begin paying him ESA, any ideas how much longer he might be expected to wait?
Kind Regards
Leed46
Last edit: 9 years 9 months ago by Gordon.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51209
9 years 9 months ago #123664 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Success …At least, I think it’s a success?
leed46
It usually takes the DWP 6-8 weeks to process a Tribunal result so you are at or past the upper limit that I would expect it to take, without feedback from the DWP as to what is happening it is a little difficult to offer advice.
Would it be possible for your brother to answer the security questions and give the DWP authority to speak to on the phone, it would certainly make a difference if he could.
The DWP have the same rights as a claimant when a Tribunal make a Decision, they can accept the Decision as is or they can look at the possibility of appealing it. An appeal to the Upper Tribunal can only be made on the basis that there has been an Error of Law, they cannot appeal because they don't agree with the Decision. The first stage to this would be for them to request a Written Statement of Reasons and the Record of Proceedings from the Judge of the hearing, the request must be made within one month of the hearing, but can take as long as three months to be satisfied, they then have one further month to lodge an appeal. If they have decided to go down this route then they are not required to make payment to your brother until the matter is resolved.
That said, the most likely circumstance is that they are simply taking a long time to process the result and will accept it without challenge.
If the DWP accept the Decision then he will receive back dated payment of the ESA Support Group from the date that he was found Fit for Work.
Gordon
It usually takes the DWP 6-8 weeks to process a Tribunal result so you are at or past the upper limit that I would expect it to take, without feedback from the DWP as to what is happening it is a little difficult to offer advice.
Would it be possible for your brother to answer the security questions and give the DWP authority to speak to on the phone, it would certainly make a difference if he could.
The DWP have the same rights as a claimant when a Tribunal make a Decision, they can accept the Decision as is or they can look at the possibility of appealing it. An appeal to the Upper Tribunal can only be made on the basis that there has been an Error of Law, they cannot appeal because they don't agree with the Decision. The first stage to this would be for them to request a Written Statement of Reasons and the Record of Proceedings from the Judge of the hearing, the request must be made within one month of the hearing, but can take as long as three months to be satisfied, they then have one further month to lodge an appeal. If they have decided to go down this route then they are not required to make payment to your brother until the matter is resolved.
That said, the most likely circumstance is that they are simply taking a long time to process the result and will accept it without challenge.
If the DWP accept the Decision then he will receive back dated payment of the ESA Support Group from the date that he was found Fit for Work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: leed46
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