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Awarded UC but what to do about ESA Tribunal

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5 years 9 months ago #218543 by Trynn
Firstly thank you so much with help an guidance from the member's guides and this forum my mum has today been awarded Limited Capability for work and work-related activities. It has really taken its toll on her but I am glad we got there in the end.

She is awaiting a tribunal hearing date for ESA, she was receiving ESA support Group (prior to the relevant 2017 date)but after an assessment, it was withdrawn.

My mum has been a mess through this whole process both mentally and physically. As she now is receiving the benefits she needs she wants to pull out of the ESA tribunal process.

I wondered if you would be able to help with a couple of questions.

-If she lost at the ESA tribunal would it affect the UC award?
-If she won the ESA tribunal and put at the support group (Limited Capability for work and work-related activities) level but at a later stage she was reassessed and moved to the Limited Capability for work group would she get the additional amount or get the UC amount.
-If she went to ESA tribunal and was awarded but at the Limited Capability for work level would the UC recent decision be revoked?

We know that she would lose out on the backdated amount owed if she won the ESA tribunal but aside from that is there any reason why pulling out of the Tribunal process would be negative for her?

Thank you

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5 years 9 months ago #218550 by Gordon
Theresa

Congratulations on the LCW award, well done.

1. The Tribunal Decision will have no impact on her UC award, each Decision stands on its own, so being later the UC carries forward (see below).

2. If she is awarded LCWRA then this will only be paid from the day after her ESA was stopped until the date of the UC Decision she will then receive the LCW rate from her UC award. Ass a newer Decision, the UC award supersedes the appeal one whatever it is.

3. It depends on when the original claim was made and the Tribunal Decision. If the original claim was made before 3 April 2017 and she receives an award of ESA at the Tribunal so that the claim can be said to be continuous, then she should receive the higher rate If the claim was not made in time, or she loses the Tribunal or withdraws the appeal then she will not.

4. No, The UC Decision will always supersede any previous Decisions.

5. See (3).

Gordon

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

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