Employment and Support Allowance (ESA)
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Help understanding Tribunal decision

Egallon1Egallon1 Member Posts: 7 Connected
Hi
I have received my First Tier Tribunal letter today which states that my appeal has been allowed. It says I have limited capability for work and am significantly limited.

I am abit confused about a couple of parts mentioned in the letter, any help would be gratefully received.

1. In applying the Work Capability Assessment 18 points were scored from the activities and descriptors in Schedule 2. Then a breakdown of points.

2. No Schedule 3 descriptor applied. Regulation 35 of the ESA Regulations 2008 did not apply.

There is also no mention of which group I will be in.
I hope someone can help with an explanation.

Many thanks

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    That will be the WRAG that you've been placed into. Schedule 3 and reg 35 would have been the Support Group and that didn't apply.

    If you applied for ESA after April 2017 then your money will remain the same in the WRAG as it was on assessment rate.
    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.
  • Egallon1Egallon1 Member Posts: 7 Connected
    Thankyou for replying. Does the WRAG mean I have to go to appointments to help me get back into work?x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Egallon1 said:
    Thankyou for replying. Does the WRAG mean I have to go to appointments to help me get back into work?x
    No problem. Yes that's exactly what you'll have to do. Unfortunately, there's no avoiding them because if you don't attend then you'll most likely be sanctioned.

    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.
  • Egallon1Egallon1 Member Posts: 7 Connected
    I was in the support group up until 5th April 2017 when I scored 1 point less than I needed to stay on ESA. My benefit was reduced up until April this year when it was completely stopped.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Egallon1 said:
    I was in the support group up until 5th April 2017 when I scored 1 point less than I needed to stay on ESA. My benefit was reduced up until April this year when it was completely stopped.
    That means you will be paid the old WRAG amount before the changes took place in April 2017. Around £102ish per week, unless of course you claim PIP/DLA then you could be entitled to the premiums on top.
    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.
  • Egallon1Egallon1 Member Posts: 7 Connected
    I do recieve PIP. It’s strange that they say I am unable to work, struggle to go to certain places without someone with me, and have a disability that varies on a day to day basis but want me to attend appointments. It worries me if one or two of them they fall on a bad day.

    Thankyou so much for taking the time to answer my questions, you have been great x
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited June 2018
    Hi Egallon1,

    Being in the WRAG group means that you will have a personal adviser at the jobcentre. You have been assessed as being unfit for work so you won't have to apply for jobs or do voluntary work or anything like that. This is preparation for when a return to work is possible, so that when you are ready you are fully equipped as can be. They can do things like put you on a computer course if you're not very good at them, for example.
    Your personal adviser has the discretion to decide how much they can expect you to do. If they think you won't be ready for work for a good while they may not see you so often and some people only have telephone interviews every couple of months, for example. If they think you are closer to a return to work they will expect a bit more from you.
    It's a good thing really, providing your adviser doesn't push you too hard so hopefully you'll get an understanding one who is happy to go at the pace you feel ready for.
    If your appointments fall on a bad day all you should have to do is phone and cancel it and rearrange it, it shouldn't be a problem unless you are cancelling every one.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Egallon1Egallon1 Member Posts: 7 Connected
    I have spoken to the DWP who have said that i have been put into the WRAG but because my appeal has taken over a year the payments have stopped. I have received the backdated payments that I missed out on during that year.
    I have already been asked to go for an interview at the jobcentre. This is something I am unable to do due to anxiety. The anxiety isn’t something I can push past to get there. I cannot get to these appointments, if they cannot do it over the phone it won’t happen. How can this be right?
    I was awarded 18 points in total, 12 of those were because of this sode of my anxiety, “Unable to get to a specified place which the claimant is unfamiliar”  “Engagement in social contact with someon unfamiliar to the claimant is not possible for the majority of the time due to difficulty relating to others or significant distress experienced by the individual” 
    It does not make sense?
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Are you claiming Contribution based ESA? If so then this is time limited to 365 days (1 year) unless you're placed into the support group, where it's paid for as long as you're in the group.
    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.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi Egallon1

    As poppy123456 says, it sounds like you are in the work-related activity group and the reason that payments have stopped now is that you are on contributory benefit. Unless you are in the support group, you only get 365 days' contributory ESA. (That is how the law has been written on this benefit. If had been placed in the support group, then payments would have continued for as long as you stayed in this group,)

    If you don't have a partner who has an income, and if you don't have any other income then you would need to claim income-related ESA - or if you are in a full service universal credit (UC) area, then UC.  

    (In case it's relevant, with income-related ESA, a person with a partner who works 24 hours per week or more is ineligible for the benefit; with UC, this restriction doesn't apply).

    Check out what to do by inputting your (and if you live with a partner) your partner's, and any dependent child's details, and details of savings if any and your housing type,  into the benefits checker on our website. 

    https://www.scope.org.uk/support/disabled-people/benefits/check

    Please get in touch again if, having done this, it still isn't clear what to do next. There are just so many factors that might come into play with your enquiry, that it's hard to know how much to include here. 

    A phone call to the Helpline might be a good idea. 

    Gill_Scope
    Scope Helpline
    Tel: 0808 800 3333




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