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TOPIC: DWP-ESA Medical Tribunal Back Pay

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220535

Hello, I suffer from a rare and extremely violent and aggressive form Vomiting, which has been medically defined as (Cyclical Vomiting Syndrome). This condition has plagued me for over 11 years and counting now. I am in need of advice as to how i go forward ensuring i receive the right types of benefits and (back pay) owed after wining my Tribunal for not being able to attend two "Work Capacity Medicals" (WCM) last December 20117! This, due to my condition stated earlier. As a result of missing both WCM my ESA and Housing Benefit was stopped which forced me onto Universal credit (UC) on the 14 February 2018 when i made my first UC claim.

Since then, i have nearly been evicted from my home due to the acts of maladministration from UC Service Center staff and with the help of my landlords previous historical acts of maladministration towards me. Below i have inserted extracts of my UC Journal entries to highlight the abhorrent service received form DWP UC staff. With this said, as mentioned earlier, i won my tribunal on the 16 August 2018, which should have meant my current payments should have reflected my original ESA with the Support Group component (Descriptor 2) reinstated as it was when claiming ESA.

Another "problem" i believe the DWPUC Service Center has with trying to determine whether i should be sent for a another WCM (now that i am verifying actively looking for work) is, since i initiated contact with the new joint NHS & Remploy service called "Thrive" a few months ago now (which is a voluntary service designed to see if services like Remploy who predominately work with those classed as disabled back to work, can help to get people with `long term health issues` like me back into sustainable employment also?)

Albeit, i have recently been signed off sick for three months ending on December 28 this year, as advised by my work coach to submit the sick note to help to get a `Limited to Work Capacity Payment` which was successful so far.
I now need to know how to address the following issues:

1. How can i get the DWPUC department to start paying me the right rate and back pay owed since winning my tribunal?
2. How can i ensure my `Limited to Work Capacity Payment` continues without having to submit regular sick notes? Any other thoughts on what i may have missed here welcome. Please see UC Journal entries below.

Thanks in advance ...


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Lex
Last Edit: by Gordon.

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220540

Lex

I have hidden portions of your post as they contain the names of DWP staff.

So as I understand it; you had an award of ESA, were asked to attend an assessment and failed to do so resulting in your ESA claim being closed. You appealed this Decision and it was overturned by the Tribunal.

In the interim you claimed UC, it's at this point I am a bit confused as you appear to be working or at least trying to but also trying to arrange a new WCA (for your UC).

I can understand how the situation has occurred, your appeal was for ESA so the UC staff will have no access to the information, it also takes anything up to 8 weeks for a Tribunal result to be processed and the transfer of your ESA details to UC is a manual process and can take several weeks.

I realise none of this helps your situation.

What should happen is that your "ESA" award should be migrated to UC and put into payment with any back payments made, you don't say what your award was so I can't confirm that any money is due. Whether a new WCA is required will depend on your UC advisor.

My best advice is for you to involve your MP, they will be able to access the DWP at a level much higher than the people that you are talking to.

Contacting your MP

but be aware it is still going to take them time to resolve this situation.

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

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220542

Gorden,

Sorry for the confusion and for the inappropriate disclosure of DWP staff names. No mallace was intended.

I am not looking to initiate a new WCA. I was trying to explain the difficulties the DWP Service Center are having coming to a decision as to whether to send me for a new WCA. This, as i believed the problem to be by me now working with the "NHS Thrive Project"! And therefore effectively demonstrating a potential "capacity" to do some form of work?! i figure the DWP service Center are undecided whether to now send me to a new WCA. This was the general thoughts of Gail or Laura (DWP) as discussed by them in my journal.

What are your thoughts on this?

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Lex

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220545

Lex

How many hours are your working?

Gordon

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

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220548

In regards to my tribunal in quesion for missing both WCA, there were no award granted, but the judge said i should not have had my ESA stopped and therefore have been sinced advised the DWP should backdate the difference of my original ESA with the support group componant on top of my standard UC payment? Is this right? my ESA and Housing Benefit was stopped from the 17 december 2017.

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Lex

DWP-ESA Medical Tribunal Back Pay 1 month 1 week ago #220550

I am not working any hours at all. I registered with the NHS Thrive project as to demonstrate to the DWP i am trying to find support to see if i can be supported into some form of paid employment. But the truth of the matter is, i am unable to do any form of work due to the unprdeictable and violent nature of my syndrome! I am just trying to not have my money stopped out of fear of becoming homeless agiain! i don't know aht else to do...

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Lex
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