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ESA IR Support Group Effective Date

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Abc01
Abc01 Community member Posts: 10 Listener
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? 

Comments

  • Hannah_Alumni
    Hannah_Alumni Scope alumni Posts: 7,912 Disability Gamechanger
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    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 :) 
    Hannah - She / Her

    Online Community Coordinator @ Scope

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  • Abc01
    Abc01 Community member Posts: 10 Listener
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    Thank you for the suggestion. But what is your hunch about her case? 
  • poppy123456
    poppy123456 Community member Posts: 56,928 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Abc01
    Abc01 Community member Posts: 10 Listener
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    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
    Abc01 Community member Posts: 10 Listener
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    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
    Abc01 Community member Posts: 10 Listener
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    @calcotti Any suggestion to the post above as it appeared no further response appeared to come as yet from @poppy123456
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    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.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • poppy123456
    poppy123456 Community member Posts: 56,928 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Abc01
    Abc01 Community member Posts: 10 Listener
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    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
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    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.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • Abc01
    Abc01 Community member Posts: 10 Listener
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    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
    poppy123456 Community member Posts: 56,928 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • calcotti
    calcotti Community member Posts: 10,010 Disability Gamechanger
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    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.
    Information I post is for England unless otherwise stated. Rules may be different in other parts of UK.
  • durhamjaide2001
    durhamjaide2001 Community Co-Production Group, Scope Member Posts: 11,182 Disability Gamechanger
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    I would maybe suggest Citzens advice 
  • Abc01
    Abc01 Community member Posts: 10 Listener
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    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
    poppy123456 Community member Posts: 56,928 Disability Gamechanger
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    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.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • Abc01
    Abc01 Community member Posts: 10 Listener
    edited February 2023
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    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? 
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