My mother won her ESA WCA appeal. She first applied for an appeal in December 2017. After 2 aborted attempts at the magistrate (a cancellation and mum being taken ill) she won in July 2019. In the meantime she had a UC ESA assessment after transfering when lost her ESA SG in May 2019, which she failed. The judgement awarded her and recommended she was not reassessed unless the requirements for ESA changed. She was informed today (I asked her to call them to clarify if it was for life) that they will only pay her up until Dec 2019! Is this common, I know 24 months is quite a common recommendation but I don't understand why DWP have ignored a lifetime recommendation?
The problem is that she claimed UC, the Tribunal Decision relates to when she claimed ESA and only the ESA claim, as soon as she claimed UC her ESA claim was stopped, the award would have been carried forward into UC, but the new assessment and Decision, because it is later, supersedes the Tribunal Decision.
She has a new right of appeal against the UC Decision and she would be able to use the ESA Tribunal Decision as evidence for that new appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
