Help required with my appeal to Tribunal.

Thanks Meleri - do not worry about getting it slightly wrong, I am amazed that any of us can even engage in conversation at all following what the DWP have put us all through.

My hubby will be accompanying me and he will certainly have his say at the appropriate time .

There are two things in life that I really hate, one is dishonesty and the other is injustice say no more.

If what the TS have said is accurate I will not be getting my Tribunal until April next year and my money runs out on 13th April. I am planning on asking my sister (who is married to my hubbys brother) to write me a supporting letter as she has known me for 60 years and witnessed my disability with life many times. I have also asked my complementary therapist but she is not too keen as she says that they will not take any notice of her - she has been treating me for 16 years.

o it will probably be next Spring/Summer before I can report back on the result of my Tribunal but I will still be on here every week.

Thank you for your contributions to my situation - Judith

Hi Judith,

You could actually take both your husband and sister into the hearing, if it's possible for her to attend. Face to face evidence seems to be more beneficial.
I received my Decision Notice from the appeal today and they have written:- The descriptors satisfied in Schedule 2 ESA Regulation are 9a - Continence= 15 points & The descriptors satisfied in Schedule 3 ESA Regulations is - Activity 8. I'm a bit confused by it all after what bro58 has said
Anyhow I'm not to be assessed within 24 months of the date of the hearing, so that takes me comfortably into State Pension age. But who knows what's to come, the sceptic in me can't help but think they could change it all again before then.
Meleri

Meleri wrote: Hi Judith,

You could actually take both your husband and sister into the hearing, if it's possible for her to attend. Face to face evidence seems to be more beneficial.
I received my Decision Notice from the appeal today and they have written:- The descriptors satisfied in Schedule 2 ESA Regulation are 9a - Continence= 15 points & The descriptors satisfied in Schedule 3 ESA Regulations is - Activity 8. I'm a bit confused by it all after what bro58 has said
Anyhow I'm not to be assessed within 24 months of the date of the hearing, so that takes me comfortably into State Pension age. But who knows what's to come, the sceptic in me can't help but think they could change it all again before then.
Meleri

Hi m,

This means that you have fulfilled Descriptor 9. (a) of the WRAG descriptors at Schedule 2, which gives 15 points and entry to the WRAG. "9(a) At least once a month experiences:" as seen below :

WRAG (LCW)Schedule 2 Descriptors

You have also satisfied the Schedule 3 (SG) Descriptor 8.

"8 At least once a week experiences: "

from :

SG (LCWRA)Schedule 3 Descriptors

So it is the Schedule 3 Descriptors 8 that has put you into the SG.

Schedule 2 Descriptor 9. (a) gives 15 points and only puts you in The WRAG.

So don't worry, you are definitely in The SG.

bro58

Thanks for explaining that bro58 it makes it much clearer. One more thing you may be able to help me with is ESA allowance. I had hoped to migrate from IB to ESA and understand if I had, as my IB payments were more than the ESA I would have remained on the higher payment, but I wouldn't get a rise until the amount of ESA caught up. Now that I have been on the reduced amount of £71 for 10 months through no fault of my own, will that still stand or not?
Meleri

Hi M,

If you look at this simplistically,

There was no reason for them to cite Schedule 2 Descriptor 9. (a), as it automatically follows that if you experience the problems "At least once a week " as at Schedule 3. 8. that you obviously experience the same problems "At least once a month" as at Schedule 2. 9. (a).

I think that is what has confused you, they could have just cited Schedule 3. 8. which puts you in The SG.

bro58

Meleri wrote: Thanks for explaining that bro58 it makes it much clearer. One more thing you may be able to help me with is ESA allowance. I had hoped to migrate from IB to ESA and understand if I had, as my IB payments were more than the ESA I would have remained on the higher payment, but I wouldn't get a rise until the amount of ESA caught up. Now that I have been on the reduced amount of £71 for 10 months through no fault of my own, will that still stand or not?
Meleri

Hi M,

As you were previously on IB, and the Tribunal Decision will be back dated to the time of the adverse decision that you appealed, it will now be as if you have been in The SG since that time.

You are correct in that you can receive no less on successful transfer to ESA than you were receiving before, although you may receive more.

What will I be paid?

Therefore, you will be entitled to at least the weekly difference between what you were receiving before being migrated, and the £71/week that you have been receiving, from the date of the original adverse decision.

It may help to speed things up if you send a copy of the Tribunal decision notice to the DWP office dealing with your ESA.

Sending Documents to the DWP or ATOS

bro58