Strictly speaking, the Tribunal do not have the power to enforce a decision on the DWP, however I very very very much doubt that what is going on here is a deliberate move on the part of the DWP to go against the decision, there would have to be some extraordinarily compelling reason for them to do so, as you are very likely to lodge a formal complaint.
On that note, what I would recommend is calling the DWP and asking for a callback to explain what is going on (don't expect the person who answers the phone to be able to explain it, just calmly explain that there seems to be some confusion on your claim that needs clearing up etc), and if the person who calls you back does not explain to your satisfaction that you are being placed in the Support Group, then lodge a formal complaint in writing.
The only exception to the above, is if we are talking about a scenario where your health has improved for some reason. If this is the case then the Tribunal's decision would only be good as regards the DWP decision date is referred to. arrears would have to be paid, but if a relevant change had occurred it would be legitimate to reassess.
Hope this helps!
Apologies, as I had slightly misunderstood you last time, I thought the Tribunal had awarded Support Group, but the DWP were not applying this.
On the Tribunal decision, if the descriptors are all from Schedule 2, and there's no mention of Reg 35, then this is a WRAG decision. If there are Schedule 3 descriptors and/or reg 35, then this is Support Group.
If the Tribunal have placed you in WRAG then it would either be a case of challenging this to the Upper Tribunal (if an error of law was made in failing to consider Support Group) or asking ESA to look at your claim afresh.
Really if you had a representative they need to be looking at whether the Tribunal erred in law, or at least advising you as to why they think not - they will have identified in their submission what descriptors they felt should apply, so if the Tribunal have not awarded those then they need to understand why - and make further challenge if necessary.
The first stage in seeing if a decision of the Tribunal can be challenged further is to request a Statement of Reasons and Record of Proceedings from them. From the date of the hearing you only have one month to do this - so any action you are going to take re further appeal needs to be taken quickly. If you are outside the month you could still try requesting the Statement of Reasons, but you would need to offer a decent explanation as to why it ha taken longer than a month to request - in this instance it may suffice that you were under the impression you had been awarded SG and only recently discovered this was not the case.
Get back in touch with your rep, or if not, request the Statement yourself in the meantime - the Tribunal Services' email is normally on their letter, you can email them a request.
Let us know if you need more pointers with this!
Unfortunately, if the Tribunal did award WRAG, until any further action (either further appeal or further review) you are stuck with the conditionality this entails. On this note, I would recommend contacting whoever at the jobcentre is dealing with you, explaining the position, and asking if they can deal with you over the phone - worst they can say is no...
Keep us posted!
Hi Egallon1they put you in support Group