Tribunal

hello all,bro sorry you are still confused,i have sat and tried to collate info and its not doing me and my condition any good either,i am totally confused and don't know what in my ignorance is right or wrong or applicable,please bear with me and i will be as brief and concise as possible but really do need your guidance and views on the situation,thanks in anticipation:
all the following is subject to med3s continuously provided to date,here goes:
march 2012 made claim=£67.50 cont based awarded until 12 april 2012,
this continued until 11 july when i had aDWP personal interview and was told i was going into WRAG(surgery due 2 weeks later)
Rec'd letter saying i was going into support group 20 july -29th Nov-cont based
4th Jan 2013 was told going into Wrag-cont based
Appealed(gl24) and it was upheld/changed info'd going back support gp 11/4/13-11/4/13 cont based.
Atos medical 18th april 0 points-13th May esa stopped,gl24 sent and no change-17/5/13 £71-70 to be paid for duration to date.
My original query was as i was in support group prior to medical etc,should i have been put back in until tribunal?
All through this my occ pension@£17 has been deducted continuously,i have another occ pension DWP have been informed about but have never factored in (£40 weekly) so i dont know whether i should be paying pension or not hence my query about support groups and cont based payments,hope you can oblige.thanks K

Hello all,ive just sent a rather detailed reply on this post but when i clicked to submit it flagged up that this site has a redirect link?should i resend my reply or have you received it?

Ok,its posted so obviously received,thanks,there is a typo in in there(this is making me ill)
IT should say 11-JAN-11/4/13 sorry about that

Hi K,

I don't deal with ESA, I now only deal with DLA/PIP and Attendance Allowance.

However, you are asking for specific advice which is explained in our FAQ, an extract of which I give below :

Why can’t you answer a question about my specific claim?

As Moderators our area of expertise is in relation to disability living allowance, attendance allowance, the personal capability assessment used in connection with incapacity benefits and the work capability assessment used in connection with employment and support allowance. So those are the only subjects on which we can provide reliable information.

Unfortunately, you also need to bear in mind that boards like this can never provide advice to individual claimants about their specific circumstances, all we can offer is general information about how the system works.

This is because there are huge range of factors which could affect your eligibility and it’s not possible or advisable for you to disclose that information on a public forum or for us to ask you the kind of questions that would be required.

We understand that this can be frustrating and that it’s sometimes a question of judgement about the degree to which a question is specific to your claim or more general in nature. But, for our sake and your own it is important that we do our best to stick to giving information rather than advice.

So, for advice about a specific advice you need to contact an advice agency if at all possible.

However, if bro, or indeed any other moderator is willing to give you specific advice on your query then that is their prerogative.

Kettle wrote: hello all,bro sorry you are still confused,i have sat and tried to collate info and its not doing me and my condition any good either,i am totally confused and don't know what in my ignorance is right or wrong or applicable,please bear with me and i will be as brief and concise as possible but really do need your guidance and views on the situation,thanks in anticipation:
all the following is subject to med3s continuously provided to date,here goes:
march 2012 made claim=£67.50 cont based awarded until 12 april 2012,
this continued until 11 july when i had aDWP personal interview and was told i was going into WRAG(surgery due 2 weeks later)
Rec'd letter saying i was going into support group 20 july -29th Nov-cont based
4th Jan 2013 was told going into Wrag-cont based
Appealed(gl24) and it was upheld/changed info'd going back support gp 11/4/13-11/4/13 cont based.
Atos medical 18th april 0 points-13th May esa stopped,gl24 sent and no change-17/5/13 £71-70 to be paid for duration to date.
My original query was as i was in support group prior to medical etc,should i have been put back in until tribunal?
All through this my occ pension@£17 has been deducted continuously,i have another occ pension DWP have been informed about but have never factored in (£40 weekly) so i dont know whether i should be paying pension or not hence my query about support groups and cont based payments,hope you can oblige.thanks K

Hi K,

It now appears that you were in The SG, and as a result of a reassessment, and a face to face assessment on 18/04/13, you were given 0 points and found fit for work.

It then seems that you appealed the 0 points using GL24, and on 17/05/13 you were informed that the DWP had carried out an automatic reconsideration of the 0 points award as a result of your appeal, and had not changed the decision in your favour.

Therefore, your appeal was being sent forward to The Appeals Tribunal Service, and you would continue to receive Assessment Rate of ESA (£71.70) for the duration, as long as you continued to provide "fit notes".

"My original query was as i was in support group prior to medical etc,should i have been put back in until tribunal?"

No, as with any adverse decision being appealed, that adverse decision stands, (in your case fit for work) until it is either changed in your favour at the reconsideration stage, or if not then, at the Tribunal Hearing.

The reason for this is that if they continued to pay you The SG rate whilst appealing, and you were unsuccessful, this would result in an overpayment, which the DWP would then have to claw back from you.

Have you received written confirmation that the decision was not changed at the automatic reconsideration stage, and have you subsequently received your evidence pack, as the appeal has been sent forward to The TS ?

With regards to your other OP as long as you have informed The DWP in writing of its existence, and you are in receipt of CB ESA only, and your total OP income does not exceed more than £85/Week that should be O.K.

bro58

Thanks,the written confirmation and pack i received on Saturday and tribunal letter today,i have spoken to welfare rights and they have said that if i drop the pack off to them they will look at representation on my behalf,i assume they are ok to deal with these matters as i havent a clue.
Bro,thanks for your concise reply,Dwp were informed of OP,s but i am going to get my daughter to write to them as i am still a little concerned about 1 OP being factored in by DWP and not the other,also the early part of my claim i was on deaths door and it strikes me as being a little vague on dwps behalf,after 33 years of contributing to the system it appears i aint going to get a lot of help when i need it whether i wish to use it or not.
Thanks K