Employment and Support Allowance (ESA)
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Won appeal moved from LCW to LCWRA

JSWJSW Member Posts: 1 Listener
Hi There
This is my first post so I hope I can make myself understood.
My question is regarding my wife's ESA claim.
My wife was on SDA for many years and eventually transferred to ESA in 2015.
She filled in the form they sent her and she was awarded Cont based ESA and placed in the WRAG.  After a year her payments stopped in April 2016 but by this time her Epilepsy had got a lot worse so we inquired about getting her moved to the support group and sent in the ES50 form in March 2016. After an extremely long wait and many phone calls she was eventually called for a medical assessment in August 2017. On 28/08/2017 the decision maker decided that my wife had LCW but did not have LCWRA. After obtaining a negative response to her reconsideration application my wife took the matter to an appeal.
We were very happy to be told that my wife's appeal was allowed .
The decision notice from the FtT says she has LCWRA and the decision made by the Secretary of State on 28/10/2017 is set aside.
I have been searching advice pages on the internet to try and establish what happens next.
I'm hoping that my wife's payments for Cont ESA will be resumed and can see no reason why they shouldn't be. As the DWP took so long to handle this process they should really be backdating her payments imo but I wont hold my breath on that one.
Its only been a week since the appeal so I suppose they could appeal but the tribunal even said they recommended she should not be reassessed. 
We are basically wanting to put our minds at rest in case there is any way the DWP can get out of restoring her payments.
Anyone got any thoughts on this matter would be much appreciated. 

Replies

  • mikehughescqmikehughescq Member Posts: 6,540 Disability Gamechanger
    They can ask for a statement of reasons and record of proceedings to help the, form a view on whether to appeal further on a point of law. There’s almost always an error of law so it’s really about whether her case sets an unwelcome precedent in some way. Those cases are few and far between so it’s probably just a case of sitting tight and waiting for the decision to be processed.

    However, they won’t pay for a past period unless she has fit notes to cover that period so, if she hasn’t, then it’s time to book a GP appointment to ask for backdated fit notes. The decision is entirely at the discretion of the GP and there’s nothing you can do to compel them to act in your favour.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @JSW, and welcome to the community! I hope you find the above response helpful and if there's anything else we can assist you with, do let us know.
  • jojacks82jojacks82 Member Posts: 5 Listener
    Hi, 
    My mandatory reconsideration for lcw has gone in my favour, 
    I am now considered as having lcwra. 
    I was given Icw at the beginning of Jan and it was backdated so I received an  extra, now that I appealed and was granted lcwra will my benefits go up again? 
    Many thanks


  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @jojacks82 and welcome to the community!

    I wonder if @mikehughescq can offer any input here?
  • jojacks82jojacks82 Member Posts: 5 Listener
    Hi pippascope, 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    Hi jojack  and welcome

    If this is UC claim ?
    When did your claim start ?
    was it before 3 April 2017 ?

    CR


    Be all you can be, make  every day count. Namaste
  • jojacks82jojacks82 Member Posts: 5 Listener
    Hi cockneyrebel, 
    Yes my claim was before 3 April 17, 
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    is it UC or ESA ?
    Do you have an IR element ?
    Do you get PIP ?

    CR
    Be all you can be, make  every day count. Namaste
  • jojacks82jojacks82 Member Posts: 5 Listener
    It is Universal credit, 

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger

    If you have a disability or health condition or care for an adult who does

    How much you’ll get Extra monthly amount
    If you have limited capability for work and work-related activity £318.76
    If you have limited capability for work and you started your Universal Credit or Employment and Support Allowance (ESA) claim before 3 April 2017 £126.11

    Be all you can be, make  every day count. Namaste
  • jojacks82jojacks82 Member Posts: 5 Listener
    Thanks for your help
  • tania1973tania1973 Member Posts: 11 Listener
    Hi. I have been on universal credits for 4 years. Up until 3/1/18 I was getting the LCWRA. Then I got moved to LCW after my last assessment. I have had my appeal allowed. And i am to be treated as having LCWRA. The Secretary of state's ruling from 3/1/18 set aside with a recommendation i should not be reassessed from the date of the letter. Which is dated 29/10/18. I can see that JSW's wife had the same appeal allowed. Does anyone know if it was contested by the DWP? How long will i wait for it become official? Do i get backdated payment to 3/1/18? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It will be backdated to when LCWRA stopped. It can take 6 weeks or more for LCWRA to come into affect, the same as payment.
    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.
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