Employment and Support Allowance (ESA)
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Won esa tribute 3 weeks ago x

cellcell Member Posts: 7 Listener
 Hi , Could anyone help me pls ,i won my esa appeal nearly 3weeks ago and still have heard nothing from dwp so i rang esa and was told that i still have to sign on and get a mentall cert from gp untill i heard from them , i am very confused as what is going on could anyone pls shed some light on this matter  thanks for any helpful before hand god bless 

Replies

  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @cell, congratulations on winning your appeal! Sorry to hear you've heard nothing yet, hopefully a benefits advisor will be in touch to clarify this for you as soon as possible.
  • cellcell Member Posts: 7 Listener
    Thank you pippa , just hope the dwp don’t fight it as they said on phone they could and i have to give a new sick note ,they are fast enough stopping your esa but not has fast giving it back , just dont know how things work with dwp as worked before i fell ill so all this is new to me , thank you all at scope for beening a light in a dark tunnel God bless you all xx
  • mikehughescqmikehughescq Member Posts: 5,361 Disability Gamechanger
    Sounds like they don't know about the tribunal decision as yet. However, they're correct to say you'll need a fit note else any ESA you win won't be paid post tribunal.
  • cellcell Member Posts: 7 Listener
    Thanks mike , they do know outcome as they told me they knew on 18th i just had to sign on and was gave in sick note so he sign me off and said esa would ring , i have just got q message saying they have gotta my sick note but no claim for me for jobseekes to appy online omg in tears now cos the dwp or man in jobcentre seems to know what is going on so how am i meant to know , thank you for help anymore would be helpful . 
  • Sue52Sue52 Member Posts: 78 Courageous
    Hi @cell
    So sorry to hear you are going through this, you must be having a awful time. I am no expert in ESA etc only what I have gone through myself previously, so do not want to give you any definite advice. I would like to ask if you have a local community hub. 
    Although they cannot give you Legal Advice they have contacts at the DWP that we do not know about and they may be able to make that call for you
    Best wishes and I hope you get this resolved soon
    Sue 
  • cellcell Member Posts: 7 Listener
    Sue52 said:
    Hi @cell
    So sorry to hear you are going through this, you must be having a awful time. I am no expert in ESA etc only what I have gone through myself previously, so do not want to give you any definite advice. I would like to ask if you have a local community hub. 
    Although they cannot give you Legal Advice they have contacts at the DWP that we do not know about and they may be able to make that call for you
    Best wishes and I hope you get this resolved soon
    Sue 
    Thank you , i not sure what a community hub is ? Am am trying to ring esa now been on hold for 26 mins , my jobseekers has been closed today so confused ,  cant deal with it anymore today god bless thank you x
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi cell,

    This is unacceptable really. ESA tend to implement tribunal decisions 4-6 weeks after the appeal - they do have a month from the date of the decision to request a statement of reasons if they seek permission to appeal to the Upper Tribunal, although they don't do this often. Your JSA claim should continue until they have sorted out your ESA, leaving you with nothing is unacceptable. I hope you have got this sorted now.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • cellcell Member Posts: 7 Listener
    Hi cell,

    This is unacceptable really. ESA tend to implement tribunal decisions 4-6 weeks after the appeal - they do have a month from the date of the decision to request a statement of reasons if they seek permission to appeal to the Upper Tribunal, although they don't do this often. Your JSA claim should continue until they have sorted out your ESA, leaving you with nothing is unacceptable. I hope you have got this sorted now.

    Lee
    Thank you lee , i did speak to a women from esa and she said that i did the right thing that to sign off and she was gonna messages someone to reopen my esa claim so finger crossed this time nexts week everything should be sorted , God bless you all for helping us all on scope x
  • Neil23Neil23 Member Posts: 5 Listener
    I won my appeal after waiting since Feb 2018{original claim for illness November 2017--Via mandatory appeal).
    When I went in to the appeal date 11th Feb 2019 I was thinking ''I am going to get the knock back'' however when I went in they had already decided.Special circumstnces(Reg 29 of the ESA regs 2008--and reg 35 of the RSA regs 2008 applied}, I was shocked but for once in life felt lucky!
    I have been waiting since and have yet heard nothing.I continue to sign  JSA and they seem to have got off my case.
    I have been put in the support group. I just hope that the Secretary of state does not challenge the appeal.
    It is from site's like this one that I got invaluble help.
    You need to re read the appeeal statement as to whether you also appealed against the ''work related activitys'' or whether you are in the ''support group''.if in the work related activitys group they can still harass you.
    My WRAG called me and said well done'' we will send you job updates!!'' after I have won and need not engage with them-they just want to keep getting paid!!
    So you need check--others on this blog will know more
    still, the appeal finding only last's for 2 years--so we will have to see.WELL DONE!!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Neil23 said:
    I won my appeal after waiting since Feb 2018{original claim for illness November 2017--Via mandatory appeal).
    When I went in to the appeal date 11th Feb 2019 I was thinking ''I am going to get the knock back'' however when I went in they had already decided.Special circumstnces(Reg 29 of the ESA regs 2008--and reg 35 of the RSA regs 2008 applied}, I was shocked but for once in life felt lucky!
    I have been waiting since and have yet heard nothing.I continue to sign  JSA and they seem to have got off my case.
    I have been put in the support group. I just hope that the Secretary of state does not challenge the appeal.
    It is from site's like this one that I got invaluble help.
    You need to re read the appeeal statement as to whether you also appealed against the ''work related activitys'' or whether you are in the ''support group''.if in the work related activitys group they can still harass you.
    My WRAG called me and said well done'' we will send you job updates!!'' after I have won and need not engage with them-they just want to keep getting paid!!
    So you need check--others on this blog will know more
    still, the appeal finding only last's for 2 years--so we will have to see.WELL DONE!!
    Hi,

    Are you sure it's support group you've been placed into? You say (Reg 29 of the ESA regs 2008--and reg 35 of the RSA regs 2008 applied} this means that both WRAG and support group applied and it can't be both. reg 29 is WRAG and reg 35 is support group.




    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Neil23Neil23 Member Posts: 5 Listener
    edited March 2019
    As I read it reg 29 applied to the capabilty for .work assessment(As I never scored enough points reg29 applied to exempt me) And it then mentions Reg 35 applied to exempt me from WRAG
    Then on to work or work related activitys, If found capable harm would result.
    The appeal was for ESA and the DWP asked that if Ibe found unfit for work could I be placed in the WRAG. It seems  the judgement overturned my ''capability for work''decision by DWP(reg29)exempted me from work related activitys(ie.work) and also found me to be in danger of harm for work and also WRAG (reg35)
    So if I am not in the WRAG then I must fall into the support group.I may have misread or not understood.I have not heard anything yet from DWP and continue to sign. As far as I am concerned I will not relax until I see what the DWP have to say(The tribunal says their judgement is not binding) So we will have to see.
    I will update when I get a reply from the DWP. (without writing the whole document out it is difficult to explain)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You can't be exempt from both because only one will apply. It really depends on exactly what the decision letter from the Tribunal says exactly.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Neil23Neil23 Member Posts: 5 Listener
    edited March 2019
    You can be on ESA and be in one of two groups the WRAG where they send you on courses etc and the support group where they leave you alone.
    As far as I can tell my appeal for ESA had been upheld and also the DWP asked that even if i get ESA upheld they wanted to put me in the WRAG but the judge rejected their wish. So my ESA has been reinstated and i am put in the support group.I was fighting on the basis that I really could not work which would lead to loss of benefit, specifically housing benefit-That is one reason many people are being made homeless. The reason I have since found out is that if you are in the WRAG you recieve73.10 but in the support group your money goes up, that is why they wanted me in the WRAG. But I am not interested in the money,I just want to be left in peace to find out what I can do next. 
    I am not doing a good job of explainig myself it seems.
    I am exempt from working ie I get ESA and I am exempt from WRAG which means I dont go to activitys and therefore I am put in the support group. (well, that is unless the Secretary of state decides to appeal the appeal)
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