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ESA Tribinal decision
- JB39
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4 years 6 months ago #238941 by JB39
ESA Tribinal decision was created by JB39
Hi, I have had my appeal heard in my absence (although I asked for an oral hearing) and I am slightly confused with what happens next.
The letter goes like this...
The appeal is allowed
The decision made by the Secretary of State on xx/xx/xxxx is set aside.
The judge states I have limited capability for work. The matter is now remitted to the Secretary of State to make a final decision upon entitlement to ESA.
The tribunal has awarded me 6 points which gives me a total of 15 points.
The Judge has not mentioned whether I am placed into WRAG or Support. I was previously in WRAG.
Can anyone clarify what it means by "The matter is now remitted to the Secretary of State to make a final decision upon entitlement to ESA." Does this mean the DWP need to work out whether I am going into WRAG or Support group?
Thank you
The letter goes like this...
The appeal is allowed
The decision made by the Secretary of State on xx/xx/xxxx is set aside.
The judge states I have limited capability for work. The matter is now remitted to the Secretary of State to make a final decision upon entitlement to ESA.
The tribunal has awarded me 6 points which gives me a total of 15 points.
The Judge has not mentioned whether I am placed into WRAG or Support. I was previously in WRAG.
Can anyone clarify what it means by "The matter is now remitted to the Secretary of State to make a final decision upon entitlement to ESA." Does this mean the DWP need to work out whether I am going into WRAG or Support group?
Thank you
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4 years 6 months ago #238952 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribinal decision
JB
Congratulations on winning your appeal.
Limited Capability for Work places you in the WRAG group.
The comment by the Judge is in regard to your receiving payment in the WRAG, there are circumstances where a claimant might not receive any money or only the Personal Allowance when placed in the WRAG, this is outside of the scope of what the Tribunal can make a Decision on.
The DWP will not be deciding on whether to place you in the SG.
Gordon
Congratulations on winning your appeal.
Limited Capability for Work places you in the WRAG group.
The comment by the Judge is in regard to your receiving payment in the WRAG, there are circumstances where a claimant might not receive any money or only the Personal Allowance when placed in the WRAG, this is outside of the scope of what the Tribunal can make a Decision on.
The DWP will not be deciding on whether to place you in the SG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- JB39
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4 years 6 months ago #238993 by JB39
Replied by JB39 on topic ESA Tribinal decision
Thank you Gordon for your reply.
Prior to my re-assessment, I was in WRAG and receiving £204.30 every two weeks.
During my MR and appeal, I did not claim UC. The transfer from ESA to UC has not been introduced in my area yet, only for new claims.
During my appeal, I have only been receiving ESA at the assesment rate.
So, will I go back on ESA and receive £204.30 every two weeks like before, as the tribunal have placed me back into WRAG ? My ESA claim was prior to 2017 and re-assessed in 2019.
Thank you.
Prior to my re-assessment, I was in WRAG and receiving £204.30 every two weeks.
During my MR and appeal, I did not claim UC. The transfer from ESA to UC has not been introduced in my area yet, only for new claims.
During my appeal, I have only been receiving ESA at the assesment rate.
So, will I go back on ESA and receive £204.30 every two weeks like before, as the tribunal have placed me back into WRAG ? My ESA claim was prior to 2017 and re-assessed in 2019.
Thank you.
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- Gordon
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4 years 6 months ago #239006 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Tribinal decision
JB
Yes, I would expect you to receive the same rate as before plus backdating of the WRAG component for the period since the Decision appealed.
Gordon
Yes, I would expect you to receive the same rate as before plus backdating of the WRAG component for the period since the Decision appealed.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: JB39
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