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TOPIC: Upper Tier/Second Tribual Application

Upper Tier/Second Tribual Application 1 week 5 days ago #230397

Hello Gordon
Although I won my first appeal against having my ESA stopped, the judge stated that "My appeal had been upheld, I was awarded 24 points and that I would go back on what I was before and any back payments refunded to me". However, it wasn't realised at the time that he'd actually put me in the LCW group and not the Support Group that I was actually in.

Therefore I've applied for a Upper Tribunal Hearing (I appreciate that you need legal grounds etc. for this). If I'm allowed to go ahead with a Upper Tier Tribunal hearing/appeal can I ask the DWP to put me back on EESA (as they did whilst I was waiting for the first appeal hearing... 362 days!) rather than being on some insane benefit they've put on now (ESA/LCWRAG) which pays £32 a week.

Also is LCW the same as LCWRAG?.

Thanks

Tim

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Upper Tier/Second Tribual Application 1 week 5 days ago #230411

Tim

I'm afraid appealing to the UTT does not allow any payment of ESA so you will only receive your existing award.

The amount you are receiving (£32/week) does not tally with any of the normal amounts of ESA that I would expect you to receive, do you know how it has been calculated? Are you claiming Universal Credit?

Yes. LCW is the same as the WRAG.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Upper Tier/Second Tribual Application 1 week 5 days ago #230420

Thank you for your prompt Gordon.

Without looking at the letter the DWP sent me (because I can't find it at the moment) they've told my wife over the phone that they have deducted my IIB and the carers allowance that she receives (for looking after me) which leaves me £62.?? a fortnight = £31 something each week.
They also wanted me to attend Job center interviews but Doctors Fit Notes seem to have put paid to that (for the moment). They also won't back pay me anything for the year I was waiting for the appeal as they said you now don't receive back payments for WRA, only ESA.

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Upper Tier/Second Tribual Application 1 week 5 days ago #230436

I forgot, I'm not receiving UC but I do get PiP.

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Upper Tier/Second Tribual Application 1 week 5 days ago #230437

Tim

Thank you, the £32 makes sense if you are receiving the other benefits.

Were you previously receiving Contribution Based ESA? I am guessing that you were and having spent 365 days outside of the Support Group your ESA(CB) is no longer payable.

When did you make your claim for ESA? If it was after March 2017 and the above is correct then the WRAG component is not payable which is why there is no back pay, if it was before this then I would need more information to understand why there is no back payment.

Gordon

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Nothing on this board constitutes legal advice - always consult a professional about specific problems

Upper Tier/Second Tribual Application 1 week 5 days ago #230445

Hi Gordon
I'd been on ESA Support Group for many, many years with my ailments getting worse year upon year. I had an assessment in 2015(?) and passed as per previous years. I had another in December 2017 and failed with 0 points. I was put on EESA until the appeal date. As stated above, I won the appeal with 24 points but then put into LCW. DWP told me they stopped back paying LCW during 2018?.

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