'Evidence' Problem

CassieT wrote: My tribunal on the decision to put me into WRAG instead of the Support Group was yesterday, and this morning I received a letter to say that the appeal had been allowed, the original decision had been set aside, and I am entitled to ESA with the support component. It also recommended that I am not reassessed until July 2015, but I am aware that the DWP doesn't have to take that advice, and most probably won't.

The issue I have now is that because this tribunal was meant to happen in April but was cancelled due to lack of staff, my year is almost up in terms of that claim, and two weeks ago I had to send in a new ESA50 for the new claim for this year. Is there any chance at all that when the DWP receive the letter from the tribunal they will put two and two together, particularly in light of the Leave Her Alone For Two Years advice, and cancel the new claim? And if not, if it does go ahead, will the Decision Maker have access to this Tribunal decision? This last year has been hell, mostly because I didn't find this site until after my claim and subsequent appeal had been submitted and the thought of having to start the fight all over again literally possibly within weeks is not appealing.

Also, for anybody facing a tribunal, I just want to say that it wasn't the horrific experience I was expecting at all. I am agoraphobic so was already on the back foot when I got there, and then they were running an hour behind, but the doctor and lawyer I saw could not have been nicer; they even apologised when they had to ask sensitive questions. I could have waited for the decision but needed to get out of there quickly as I was being overwhelmed by panic attacks, but they promised the decision would be in the post last night, and it was.

Hi CT,

Firstly, congratulation on winning the appeal.

As you rightly state, the tribunal's recommendation has no legal standing.

The DWP DM may have access to the tribunal's decision notice, on the other hand they may not.

You could send copies of it to ATOS and The DWP DM to ensure that they have.

Whether, they would take any notice of it, is a different matter, they don't have to.

Any decision that may be made as a result of this new ESA50 and reassessment would supercede the SG award made by the tribunal.

You could of course complain to your M.P., as these recommendations are supposed to stop revolving door appeals.

Again, whether this would have the desired effect is an unknown quantity.

Please let us know how things develop.

Sending Documents to the DWP or ATOS

Contacting your MP

bro58

Thank you, I will keep you updated

At the moment I'm just letting it sink in and basking in the relief, even if it does turn out to be temporary!

CassieT wrote: Thank you, I will keep you updated

At the moment I'm just letting it sink in and basking in the relief, even if it does turn out to be temporary!

Good news that the tribunal found in your favour! I'm sorry that you are facing reassessment again so soon - try to enjoy basking for as long as you are able

Mrs Hurtyback wrote:

CassieT wrote: Thank you, I will keep you updated

At the moment I'm just letting it sink in and basking in the relief, even if it does turn out to be temporary!

Good news that the tribunal found in your favour! I'm sorry that you are facing reassessment again so soon - try to enjoy basking for as long as you are able

Thank you

But at least having been through it all now, and especially having found this site, I know what to expect. Well, as much as anybody can know with this lot...!!

So following the successful tribunal, I got the letter from Jobcentreplus telling me I'd been put into the Support Group backdated to the date of the original decision, 26th September 2012, which is fine.

But on the page where it tells you how the payment is worked out it says

"The amounts on this page apply from 26 September 2012 to 27 November 2012"

I didn't (still don't) understand this - why that specific, two month period - so I phoned them and the lady I spoke to said it was because the computer couldn't go beyond 27 November 2012 and that I'd get another letter shortly for the period from 27 November to now.

None of this made sense to me and she didn't seem to believe what she was saying either. Does anybody have any ideas?

CassieT wrote: So following the successful tribunal, I got the letter from Jobcentreplus telling me I'd been put into the Support Group backdated to the date of the original decision, 26th September 2012, which is fine.

But on the page where it tells you how the payment is worked out it says

"The amounts on this page apply from 26 September 2012 to 27 November 2012"

I didn't (still don't) understand this - why that specific, two month period - so I phoned them and the lady I spoke to said it was because the computer couldn't go beyond 27 November 2012 and that I'd get another letter shortly for the period from 27 November to now.

None of this made sense to me and she didn't seem to believe what she was saying either. Does anybody have any ideas?

Hi CT,

Well done on winning your appeal !!!!

Yes, we see this often with ESA award decision notice letters.

The late November date seems to be tied in with any Xmas Bonus payments, which would be made in the next pay week, beginning of December.

It is due to admin, so you seem to have been given accurate information, for once.

bro58