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TOPIC: ESA Tribunal

ESA Tribunal 3 years 8 months ago #117800

I attended my ESA Tribunal yesterday and won! I went in very nervously not knowing what to expect but both the doctor and Judge were very pleasant and put me at my ease, to an extent. At the end the Judge said she had been able to award me 12 points (I got 0 points from the DWP) but couldn`t quite make it 15 but that Regulation 29 of the ESA Regulations 2008 applied to me - "Exceptional Circumstances (b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work." She has also recommended that I am not sent for a medical within 12 months of the hearing. I am absolutely stunned but very relieved. It is wonderful to be believed! After waiting 13 months for the Tribunal, the nightmare is over for me. At least until next year when I will have to go through it all again. Unless there is some miracle cure.
Thank you to those of you who replied to my post and good luck to everyone waiting for their ESA Tribunal. Thank you to those of you at the B&W website for all this wonderful information.

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Last Edit: by bro58.

ESA Tribunal 3 years 8 months ago #117810

Ann wrote: I attended my ESA Tribunal yesterday and won! I went in very nervously not knowing what to expect but both the doctor and Judge were very pleasant and put me at my ease, to an extent. At the end the Judge said she had been able to award me 12 points (I got 0 points from the DWP) but couldn`t quite make it 15 but that Regulation 29 of the ESA Regulations 2008 applied to me - "Exceptional Circumstances (b)the claimant suffers from some specific disease or bodily or mental disablement and, by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work." She has also recommended that I am not sent for a medical within 12 months of the hearing. I am absolutely stunned but very relieved. It is wonderful to be believed! After waiting 13 months for the Tribunal, the nightmare is over for me. At least until next year when I will have to go through it all again. Unless there is some miracle cure.
Thank you to those of you who replied to my post and good luck to everyone waiting for their ESA Tribunal. Thank you to those of you at the B&W website for all this wonderful information.


Hi A,

Congratulations on winning your appeal !!! :)

Thank you very much for your positive comments regarding B&W.

I don't wish to put a dampener on things but as you have been placed into The WRAG of ESA, and this decision will be back dated to the time of the original adverse fit for work decision, (which seems to be circa January 2013) if you were transferred to ESA from Incapacity Benefit (IB) or Severe Disablement Allowance (SDA) then you would be entitled to and paid CB ESA:

What will I be transferred to?

If you were entitled to and paid CB ESA, (at assessment rate whilst appealing) you would only be entitled to 365 days of payment of CB ESA, if not in The Support Group (SG):

12 Month Limit for ESA(CB)

If the above is the case, I will assume that your payments of CB ESA at the assessment rate ceased circa Jan 2014.

As you have only been placed into the WRAG and not The SG, although you may be entitled to The extra WRA Component from the date of the adverse fit for work decision, any arrears owed would only be paid for the 365 days, and your payments of CB ESA WRAG would not be reinstated.

See also : What will I be paid?

Of course, you may be entitled to IR ESA, or have been financially assessed for entitlement to IR ESA by filling in an ESA 3 Form.

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

If you require any further clarification, please feel free to repost to this topic.

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.

ESA Tribunal 3 years 8 months ago #117816

Hi,
Thank you. Yes, my Contribution based ESA ended at the end of January, as you guessed, but I am now receiving Income based ESA so I think that should just continue for the time being at least. I am now trying to find an M.E. consultant but there don`t appear to be any where I live. I am in the process of changing to a different GP practice now this is over with, so I will ask my new GP when I have one, if they know of any they can refer me to.

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Last Edit: by bro58.

ESA Tribunal 3 years 8 months ago #117817

Ann wrote: Hi,
Thank you. Yes, my Contribution based ESA ended at the end of January, as you guessed, but I am now receiving Income based ESA so I think that should just continue for the time being at least. I am now trying to find an M.E. consultant but there don`t appear to be any where I live. I am in the process of changing to a different GP practice now this is over with, so I will ask my new GP when I have one, if they know of any they can refer me to.


Hi A,

I am glad to hear that you are entitled to and in receipt of IR ESA. :)

Yes, payments should continue for as long as you are in The WRAG.

You will still be entitled to any arrears owed from the date of the fit for work decision.

It may help to speed up the updating of your file to relect The Tribunal's WRAG award if you send a copy of The Tribunal's Decision Notice to the office dealing with your ESA. :

Sending Documents to the DWP or ATOS

See also :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100618#117770

bro58

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.

ESA Tribunal 3 years 8 months ago #117821

Hi b,

Yes, I am looking forward to receiving my arrears. :)

"It may help to speed up the updating of your file to relect The Tribunal's WRAG award if you send a copy of The Tribunal's Decision Notice to the office dealing with your ESA." Thank you for that tip, I shall get it ready and send it off tomorrow.

Ann

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ESA Tribunal 3 years 8 months ago #117823

Hi A,

On average it can take 6-8 Weeks, but it could be sooner. (or later)

bro58
The following user(s) said Thank You: Ann

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Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last Edit: by bro58.
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