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Tribunal Success!!

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8 years 3 months ago - 8 years 3 months ago #117366 by Spridgett
Tribunal Success!! was created by Spridgett
Good evening,

I wanted to let you know that, following my unsuccessful transfer from IB to ESA in October, 2012, I eventually had my tribunal hearing yesterday, when I went from 12 points and f4w to 27 points and in the SG, with a prognosis of 2 years (which I realise the DWP are at liberty to ignore). I was only in the tribunal room for less than 10 minutes, with my Benefits Officer, when the panel announced that they "had heard enough" to allow my appeal. There were tears of relief, but not joy, outside the court building, as there is nothing joyful about being sick, disabled and unable to enjoy a full and fulfilling life and, yes, that includes working!

I discovered this excellent site only after having completed my ESA50 but I have been an avid member ever since. I cannot thank you all enough for the information, support and encouragement offered to me, and indeed all the other claimants, undergoing this protracted and shameful process. As a direct result of this site, and its guides, I shall be able to face my reassessment, whenever it comes, with more confidence and less foreboding than this first time around.

My best wishes go to everyone at B & W and long may you continue to be a scourge of the DWP and ATOS.

Spridgett :)
Last edit: 8 years 3 months ago by jima1. Reason: Success post.
The following user(s) said Thank You: Carper

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  • bro58
8 years 3 months ago #117367 by bro58
Replied by bro58 on topic Tribunal Success!!

Spridgett wrote: Good evening,

I wanted to let you know that, following my unsuccessful transfer from IB to ESA in October, 2012, I eventually had my tribunal hearing yesterday, when I went from 12 points and f4w to 27 points and in the SG, with a prognosis of 2 years (which I realise the DWP are at liberty to ignore). I was only in the tribunal room for less than 10 minutes, with my Benefits Officer, when the panel announced that they "had heard enough" to allow my appeal. There were tears of relief, but not joy, outside the court building, as there is nothing joyful about being sick, disabled and unable to enjoy a full and fulfilling life and, yes, that includes working!

I discovered this excellent site only after having completed my ESA50 but I have been an avid member ever since. I cannot thank you all enough for the information, support and encouragement offered to me, and indeed all the other claimants, undergoing this protracted and shameful process. As a direct result of this site, and its guides, I shall be able to face my reassessment, whenever it comes, with more confidence and less foreboding than this first time around.

My best wishes go to everyone at B & W and long may you continue to be a scourge of the DWP and ATOS.

Spridgett :)


Hi S,

That is really good news !!!

Thanks for letting us know, and for you complimentary comments regarding B&W.

Once you have a copy of the Tribunal's Decision Notice, you should send a copy of it to the DWP benefits office dealing with your ESA.

This may help to speed up the updating of your file to reflect The SG decision.

Sending Documents to the DWP or ATOS

bro58

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8 years 3 months ago #117369 by slugsta
Replied by slugsta on topic Tribunal Success!!
That is great news! Thanks for letting us know and for your kind words about this site :)

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

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  • bro58
8 years 3 months ago - 8 years 3 months ago #117370 by bro58
Replied by bro58 on topic Tribunal Success!!
Hi S,

My, you did have to wait a long time for your hearing (Oct 2012 to 17/02/14)

As this SG award is a remaking of the original F4W decision, it will be backdated to the time of the adverse decision, (circa Oct 2012) and you should be paid any back payment of arrears from that date.

If you were in receipt of CB ESA only at the assessment rate, and this ceased after 365 days, full payment should be reinstated from that date, and you will be owed The Support Component from Oct 2012.

It will be as if you had never been found fit for work in receipt of CB Assessment Rate ESA, therefore you will still have your full 365 days entitlement for payment of CB ESA if not in The SG.

See the different scenarios :

12 Month Limit for ESA(CB)

I gather that you are absolutely sure that you have been placed into The SG, and not The WRAG, as qualifying for The SG is not points based, even though some of The SG Descriptors correspond to some of The WRAG Descriptors that score the maximum 15 points.

bro58
Last edit: 8 years 3 months ago by bro58.

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8 years 3 months ago - 8 years 3 months ago #117375 by Spridgett
Replied by Spridgett on topic Tribunal Success!!
Hi bro58,

Thank you for your tip re sending a copy of the Tribunal's Decision Notice to the Benefits Office dealing with my claim, which I shall indeed do.

Yes, I am indeed sure I am in the SG. I was awarded the additional 15 points for the mobilising descriptor 1A from Schedule 2, and activity 1 from Schedule 3. I had made a gross miscalculation with regard to my mobilising capabilities which, with the assistance of my Benefits Officer, I was able to correct with documentary evidence, which the Tribunal accepted. Incidentally, the judge opened the hearing by apologising to me for the ludicrous length of time I had had to wait for this hearing. The doctor also commented on one of the lengthiest ATOS reports he had come across to date. Just a pity the ATOS doctor spent a good 50 minutes regurgitating the complexities of my medical history and a mere 10 minutes questioning me about my limitations with regard to the tasks of daily living. At least the Tribunal doctor spared me the ordeal of reliving my medical history yet again and concentrated on the effects my medical conditions have on my life. Incidentally, both the judge and myself concluded proceedings by uttering the words "where there is life there is hope" in unison!


Spridgett
Last edit: 8 years 3 months ago by bro58.

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  • bro58
8 years 3 months ago #117379 by bro58
Replied by bro58 on topic Tribunal Success!!

Spridgett wrote: Hi bro58,

Thank you for your tip re sending a copy of the Tribunal's Decision Notice to the Benefits Office dealing with my claim, which I shall indeed do.

Yes, I am indeed sure I am in the SG. I was awarded the additional 15 points for the mobilising descriptor 1A from Schedule 2, and activity 1 from Schedule 3. I had made a gross miscalculation with regard to my mobilising capabilities which, with the assistance of my Benefits Officer, I was able to correct with documentary evidence, which the Tribunal accepted. Incidentally, the judge opened the hearing by apologising to me for the ludicrous length of time I had had to wait for this hearing. The doctor also commented on one of the lengthiest ATOS reports he had come across to date. Just a pity the ATOS doctor spent a good 50 minutes regurgitating the complexities of my medical history and a mere 10 minutes questioning me about my limitations with regard to the tasks of daily living. At least the Tribunal doctor spared me the ordeal of reliving my medical history yet again and concentrated on the effects my medical conditions have on my life. Incidentally, both the judge and myself concluded proceedings by uttering the words "where there is life there is hope" in unison!


Spridgett


Hi S,

Thank you for clarifying that, and I am really pleased that it is definitely an SG award !! :)

You can now look forward to any back payments owed.

They can take 6-8 weeks to update your records, hopefully sending a copy of The Decision Notice will expedite this.

bro58

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