Employment and Support Allowance (ESA)
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Decision sent to the Secretary of State for a decision

susielockettsusielockett Member Posts: 53 Courageous
Hi all,
I am a little confused by all this so hope someone can shed some light. I went on ESA in July 2016, had an assessment done December 2016, got a telephone call on 8th Jan 2017 telling me the assessor said I was fit for work and that my money was stopping so needed to go to the job centre the following day.
The upshot of all that was I ended up on UC and had nothing but months of sick notes etc. I put in a late appeal. During the time waiting for a tribunal date I had another work capability home assessment done and the put me on enhanced rate in July 2017. My original appeal was last monday and instead of me having to go I got a telephone call to say the judge had awarded me the enhanced rate and any monies due to me would be paid into my account an a letter was to follow.
This morning I received the letter and it again stated I was awarded the appeal and the case was being sent to the Secretary of State for a final decision.
Why does it have to go to the secretary of state and will I still get the 7 months money that I am owed?
The guy dealing with my case has never seen that wording before in a letter and also said I may not then get the money due to the new regulations. What are the new regulations?

Replies

  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi Susie

    I am sorry you may be feeling confused, perhaps I can try and help

    The Sec of State (SoS) letter will confuse everyone.  What they mean is your claim is being processed following your appeal.

    A decision maker(DM) acting on behalf of SoS, is doing the hands on work.

    The process also does involve consideration by DM to consider an appeal to the Upper Tribunal (this is in theory only).

    I would contact them next Wednesday, to chase matters up.

    A very well done for being so stoic in your dealings with DWP.

    Hope this helps.

    Keep us informed of progress, as others on the forum will be interested.

    Best wishes

    Atlas46


  • susielockettsusielockett Member Posts: 53 Courageous
    Thanks for that Atlas, this is not the only appeal I am doing. Just before I got the work capability one backdated to July 2017 I had a PIP one done which is where lies (surprise surprise) were told and I have appealed. These were quite big lies which I can prove with my medical records . On the PIP one it is not about the money (though of course it helps) its about the endless lies these assessors are telling and I really do hope something comes from us all standing together. It really makes my blood boil! At the time of the PIP one I was on UC only so this decision should make a big difference in the appeal for PIP I hope. Thanks again.
  • atlas46atlas46 Member Posts: 827 Pioneering
    Hi Susie

    No worries.  Keep us informed about your PIP appeal and see how we can all respond to unjust assessment reports.
  • susielockettsusielockett Member Posts: 53 Courageous
    Oh I will, the more that can be helped the better. What is the 'new' legislation?
  • atlas46atlas46 Member Posts: 827 Pioneering
    Nothing I know about. I'll have a nosey around and get back to you next week.

    It sounds like DWP speak for we have cocked something up, so will have to change it!
  • susielockettsusielockett Member Posts: 53 Courageous
    Hahahaha it wouldn't surprise me in the slightest. I had to laugh because my last job was working with disabled people and I was training to help them fill in their forms. Of course the DWP lost mine (they said they disappeared in the archives and they were not actually lost) maybe that's what went in my favor. I look forward to finding out about the 'new' legislation.
  • susielockettsusielockett Member Posts: 53 Courageous
    Hi All,
    An update to the above.
    I received money owed to me apart from a 4 month period when they had me on Universal Credit. I have been told by ESA that Universal Credit owe me the higher rate element for that period but trying to get it is another matter. After going through my journal and speaking with my case manager (it took me a long time to make them understand) I ended uploading the letter sent to me by the courts. I did find out that the courts will have only sent a copy to ESA and I fully understood that this was a factor in the time it took.
    I tried calling UC to see if I could get an update but ended up getting my same case manager who continued to tell me they owed me nothing, that I had any money due to me and he could see no signs on my journal of me uploading the documents.  (He was mistaking it for a capability for work assessment which I had done BEFORE the court judgement and for which those months were not included) The phone cut off mid conversation, I think it was disconnected.
     I do, however, have a problem with the fact it was all then sent to a 'decision maker' and since then have heard nothing. This was on 15th May and to date (even though I have left a message on my journal) I have heard nothing at all.  Does any one have any idea of how long I am likely to wait or a number for calling the decision makers direct.
    Have a good day all.
  • clarabelleclarabelle Member Posts: 71 Courageous
    Hi
    Last Monday the tribunal.overtu red the dwp decision to find me fit for work and placed me in the support group, awarding points from section one and citing regulation 35 for section 3 with a recommendation for the dwp to not look at my claim for a further 12 months. The judgement states they relied heavily on my oral evidence - but they went through all the medical evidence with me. 
     They told me the decision had been sent straight to the dwp electronically and by paper.
    I spoke to the dwp on Wednesday who bluffed saying the paperwork has to go to a decision maker and there is no time for a response. Is that true?
    I know they can consider appealing. I'm up to my credit limit and would like to know if I can push them so that they pay the backdated premium and also the 6 weeks where they gave me nothing ( I was waiting for an appointment with help with the form, but had let them know and submitted sick notes)
    A tribunal in October also overturned their pip scoring & awarded edl but not enough points on mobility to get the payment. That is now with the upper tribunal as the lower tier tribunal statement of reasons has clear errors in law which means I should get the points.
    I've recently completed a pip review form and have been told it goes to a DM then  on to a HCP for a decision. my award runs until September 19, will they stall until the UTT make a decision?

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi
    Last Monday the tribunal.overtu red the dwp decision to find me fit for work and placed me in the support group, awarding points from section one and citing regulation 35 for section 3 with a recommendation for the dwp to not look at my claim for a further 12 months. The judgement states they relied heavily on my oral evidence - but they went through all the medical evidence with me. 
     They told me the decision had been sent straight to the dwp electronically and by paper.
    I spoke to the dwp on Wednesday who bluffed saying the paperwork has to go to a decision maker and there is no time for a response. Is that true?
    I know they can consider appealing. I'm up to my credit limit and would like to know if I can push them so that they pay the backdated premium and also the 6 weeks where they gave me nothing ( I was waiting for an appointment with help with the form, but had let them know and submitted sick notes)
    A tribunal in October also overturned their pip scoring & awarded edl but not enough points on mobility to get the payment. That is now with the upper tribunal as the lower tier tribunal statement of reasons has clear errors in law which means I should get the points.
    I've recently completed a pip review form and have been told it goes to a DM then  on to a HCP for a decision. my award runs until September 19, will they stall until the UTT make a decision?

    For your ESA, it can take anything up to 8 weeks for your backdated money to be paid to you. Like you stated, they do have the same chance to appeal the decision as we do. This means they have 28 days to ask for the Statement of reasons.

    As for your PIP the UTT process can take many many months, i wouldn't expect anything to happen with that before you get a decision on your new claim. The form that you recently returned wouldn't be a review form, it would have been the PIP2 forms. Reviews are done 1 year before an existing award is due to end, as yours is just 3 months before, it's classed as a new claim. If a decision isn't made by the time your award is due to end you payments will stop.

    Hopefully it won't be too long for either of them. Good luck.

    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.
  • clarabelleclarabelle Member Posts: 71 Courageous
    Hi

    Just an update. Re ESA, The dwp paid out within a week, initially only backdating to the date of the MR but after a request for a callback from Belfast, backdated to the 13 week of claim and also the full 6 week money when they suggested I didn't have good cause for late return of the esa50. 

    Really PIP review have had very mixed messages from dwp - text stating form received but ' may need to sent to assessment provider', on the phone today said it had been sent to capita. Spoke to capita who said form with them and that automatically means a face to face. Guy said they only provide home visits if your GP does home visits and that has been policy for 3 years ( nonsense). Told me to ring dwp back for explanation of why CM could not make decision.  Dwp then said is policy to send all review claims to AP who decide if paper decision can be made & if can send decision back to dwp.  Guy suggested I get my GP to write in reiterating no improvement in functioning and further deterioration in conditions.  He also suggested I get my GP to ask to extend the review date.

    Interestingly Capita said cases are allocated randomly - so I explained the upper tribunal comments about probation value of non experts. I think he choked a bit.

    This would be fun if it wasn't so stressful.  


  • susielockettsusielockett Member Posts: 53 Courageous
    Hi,
    Quick update.
    Decision makers have said that they DO owe me the money owed from 2017 and that a 'to do' would be sent to my case manager for UC to work out what was owed and to pay it. The case manager is the same person who has been quite rude to me in the past and was adamant they owed me nothing and was most insistent I had it wrong! One in the eye there but I dont think he will do it as a matter of urgency so I will see how long it takes. Oh and Clarabelle? both my sister and myself got home visits on asking for PIP though mine will be done at tribunal. Oh I wait with bated breath. You are so right that it would be funny if it wasnt so serious.
  • clarabelleclarabelle Member Posts: 71 Courageous
    Hi Susie

    Well done on the backdating. I think if you put a note on your file saying you are in serious financial hardship it prompts them a bit. It's worth working out what you are owed so you can query any ' mistake' on their part - and also ask for a letter explaining the payments. 

    Re my pip renewal, they can make an assessment based on the paperwork they have.I don't not have the energy to deal with the lies in their capita assessments again. 
  • susielockettsusielockett Member Posts: 53 Courageous
    Hi again Clarabelle, This is a payment that should have been paid to me because I should never have been taken off ESA at the time and I know to the penny what is owed so it will be interesting to see what the case manager comes up with. The PIP tribunal I am waiting on (been 7 months) was because of the darned lies that was told. I would never have bothered appealing after the stress of the ESA one but when I saw she said I was smoking and using both arms behind me and over my head I saw red! (I use an e-cig and didnt when she was there and I had what was suspected as a frozen shoulder in my right arm and could do neither of the things she said) I suffer from fibro, have a touch of spondylitis and they are testing me for nerve damage in my back/leg so how can they possibly say I wasnt eligible? They are absolute jokers. I have got my local MP involved and am making as much a furore as I can. I hate to see what this is doing, not just to me, but others in a worse position. The daft part is I worked for the seven years before coming off sick, with disabled people and was helping fill in the forms never thinking I would be in the position I am. Thank the Lord for family is all I can say!
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