Appeal Tribunal Success

I have been receiving benefits since June 2004. Initially I received Incapacity Benefit and when that stopped in February 2014 I began to receive ESA. Contributory for the first 12 months then non-contributory.

Since making my first claim I have had eight Medical Assessments. Each time the questions were much the same and so were my answers.

However, after my assessment on 22 February 2019 DWP wrote to me on 19 March to tell me that they could no longer pay me any ESA. I received their letter on 21 March, two days after my ESA had ended.

They advised that I start looking for a job straightaway and that if I needed help with that I could speak to a work coach at the local Jobcentre, after I had made a claim to Universal Credit. DWP also said that I should apply for Universal Credit unless I had been receiving Severe Disability Premium as part of my ESA, which I hadn't.

In something of a panic I followed their advice and made an on-line application for Universal Credit.

I also requested a Mandatory Reconsideration.

It was only after my panic had subsided a bit that I had a look at Benefits and Work and thanks to your site I was confident enough to tackle the DWP.

I had my first Universal Credit appointment on 25 March and gave them a Fit Note from my doctor covering the three months to 21 June.

Needless to say, the Mandatory Reconsideration led nowhere and on 1 May I submitted an Appeal.

I also made a claim for PIP.

On 28 May I went for a Universal Credit Medical Assessment and on 4 June Universal Credit wrote to tell me that they had decided I had Limited Capability For Work And Work Related Activity.

A somewhat different outcome to my previous assessment at the same centre and as a result of which, I would receive an extra £336.20 each month and wouldn't have to search or prepare for work.

On 17 July HM Courts & Tribunals Service allowed my appeal against DWP's decision to end my ESA. My case was decided on the papers submitted and I did not have to attend.

On 23 July DWP wrote to let me know they had paid £27.76 into my bank account and on 26 July I received my first payment of Universal Credit at the new higher rate.

So far I have not had an explanation of the £27.76 payment from DWP and am quite in the dark as to what, if anything, happens next.

It's quite helpful to receive an extra £336.20 each month but as far as I can see, DWP have had all the relevant information for months and I should never have been taken ESA.

I have my PIP Medical Assessment on 1 August.

After all that I just wanted to post on here to say how useful I have found your booklets and the wealth of information you provided. Each time I read a page I was scribbling notes thinking, "that applies to me and that and that".

So, thank you very much and if anybody is finding it difficult dealing with the DWP, don't give up, there are people who can and will help you.

Universal Credit have now paid me the limited capability for work and work related activity supplement backdated to 21 March. Without the Tribunal decision that payment would only have begun in June/July.

Thanks again Benefits & Work.