ESA IR Support Group Effective Date

Abc01

Mabel (not her real name) was in receipt of ESA IR. She then informed DWP in January 2021 that her medical condition had worsened and she should be transferred to the Support Group.

It was not clear from the documentations whether DWP acted upon her request or acted as per standard periodic review but the evidence showed an HCP recommended further assessment in February 2021. She was thereafter sent ESA50 in March  2021 and she returned the completed form in May 2021. Her ESA IR was subsequently terminated in November 2021. 

She appealed the decision and in August 2022 the Tribunal allowed her appeal and stated "she has limited capability for work and limited capability for work related activity".

DWP then awarded her ESA IR with  Support Group effective from November 2021 when the ESA IR was initially terminated by the Decision Maker.

She challenged the effective date of the Support Group that it ought to start from January 2021 when she requested transfer to the Support Group or the date the HCP recommended the further assessment or at the very least when her completed ESA50 was received by the DWP.

DWP wrote her to go back to the Tribunal if she was not pleased with the Tribunal's decision as they can only implement the decision from the date the ESA IR was terminated as that was the basis upon which she got the right of appeal. 

All further requests from her to DWP, including request for mandatory reconsideration, were not considered and materially the DRT of DWP wrote her that she would not be given Mandatory Reconsideration. That she should go back to the Tribunal or take her case to the Independent Case Examiner. 

In your opinion is there any merit in Mabel's case that you wish to suggest? 

Hannah_Alumni

Hello @Abc01

I'm afraid I don't have a huge knowledge base when it comes to the benefits system. I would suggest, with the case going to tribunal, that Citizen's Advice would possibly be able to advise  

Abc01

Thank you for the suggestion. But what is your hunch about her case? 

poppy123456

Reviews have been suspended since the start of the pandemic. The only WCAs that they've been doing are new claims and Change of circumstances. For this reason it must have been her reporting the changes that prompted the forms to be sent. In my opnion, she should be owed money from when those changes were reported (January 2021) and not November 2021 when her claim stopped.

As the MR decision didn't change she can proceed to Tribunal.

Abc01

Thank you.

They did not give her any Mandatory Reconsideration (which would give her the right to issue a new appeal at the Tribunal) as they wrote her a simple letter to go back to the Tribunal (probably they wanted her to seek clarity from the First tier Tribunal or appeal out of time to the Upper Tribunal) if she was not happy with the decision of the Tribunal or to go to the Independent Case Examiner. So can you probably suggest in your opinion how the grounds of appeal should take especially as no MR issued to her? 

Abc01

Any idea as to whether she may have a separate right of appeal against the decision of the DWP to refuse to backdate her award?

And if there is a right of appeal so how best to assist her with a possible draft of the issue or grounds of appeal to the Tribunal given no new Mandatory Reconsideration Notice was issued her?

Thank you all in advance. 

Abc01

@calcotti Any suggestion to the post above as it appeared no further response appeared to come as yet from @poppy123456

calcotti

I haven’t made any comments because this is a situation in which I would only want to advise if I had actually seen the paperwork.

poppy123456

Looking back at my first comment when i advised requesting the Tribunal i now realise that was incorrect advice because they've already been to a Tribunal. I'm afraid i do not know the answer so can't advise.

I'd advise you to take the paper work to an advice agency and they will advise you.

Abc01

Thank you both for your comments. 
@calcotti What are the things you required if the information I provided weren't enough for you to provide opinion. 

calcotti

It looks complicated so I would want to see all the correspondence - and even then i might not have an answer. mt advice would be to approach an advice agency.

Abc01

Just finished talking to her. She said the correspondences and materials were in excess of  800 pages. She told me that it would be a big financial struggle to scan all the correspondences you sought. 

poppy123456

Sometimes it's not possible to give certain advice on any internet forum and this is one of those times. It would be completely impossible to upload all of that on any forum. Face to face advice is needed.

calcotti

Abc01 said:

Just finished talking to her. She said the correspondences and materials were in excess of  800 pages. She told me that it would be a big financial struggle to scan all the correspondences you sought. 

Which would be completely inappropriate - much of it would not be relevant. It’s why I suggesting to contacting an advice agency.

durhamjaide2001

I would maybe suggest Citzens advice 

Abc01

Thank you all for your comments. I brought her case here with the hope I could assist her with opinions from those with experience in this area of law. She is well aware of Citizens Advice, and various Self Help Benefits Organisations. 

As you already noted from the Originating Post she won her case against DWP at the Tribunal before I brought her current challenge here. I was only trying to assist her to see whether I could gather some opinions from those with experience in this area of law so could help her to reach an informed decision as to her next action.

poppy123456

I understand where you're coming from but no one here can see the paper work so you'll need to speak to an advice agency near to you for expert advice. There's only so much advice anyone can give on any internet forum.

Abc01

What will the paper work say different from the Originating Post I provided. Is there something that I don't know which you can explain to me?

Someone reported to DWP over the phone that she ought to be in the Support Group. Then DWP sent her ESA50 to complete and thereafter assessed by the Health Care Professional. After the assessment she was told she was not entitled to ESA. She appealed and the Tribunal decided she was entitled to ESA and entitled as well to the Support Group. The DWP computed the payment of the Support Group from date of the Tribunal decision. The requested DWP to compute from the date she informed them to be transferred and DWP signposted her back to the Tribunal without issuing a new Mandatory Reconsideration Notice. 

Can you tell me what you expected to find in the paper work?