Employment and Support Allowance (ESA)
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Appeal court dession

pigeon55pigeon55 Member Posts: 116 Courageous
My cb esa was stopped Feb 17. I've just had a court appeal case won. How long does it take for them to sort out back pay and what's the weekly amount I should recive. Any thoughts anyone.

Replies

  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi pigeon55

    It could take a good  month to get your arrears. I always think it's a good idea to phone ESA and check that they have received the tribunal panel decision (it's supposed to be sent to them electronically on the day of the hearing, but that system isn't perfect). Do this after say 10 days, just to make sure. You can always send them a copy if they haven't got it. 

    The delay is partly for the admin to be done and partly because there is one further stage to go through. The DWP decision maker has to check the tribunal panel's decision to make sure that their side doesn't want to assert that there is an error in law in the new decision. Like the appellant, the DWP have the right to ask for a statement of reasons if they think that an error in law was made, and then consider taking it to the upper tribunal.  - this is rare, best not to worry about it. 

    We have some  further information about the upper tribunal on the Scope website. Most delays are nothing to do with this though. 

    As to how much you will receive, this will be your entitlement to ESA, less any JSA or assessment rate ESA that you have had in the meantime.  As your claim pre-dates April 2017 when the limited capability for  work component was abolished for new claims,  you should be due either the work related activity group money or the support group component, so either £29.05 or £37.65 per week, times the number of weeks involved. 

    Hope this helps.

    Gill_Scope

  • pigeon55pigeon55 Member Posts: 116 Courageous
    Thanks gill for your comments. Before my cb esa was stoped I was getting around £105 per week and haven't recived any benifit of any amount since 5th Feb 2017.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Right. So I'm thinking your ESA stopped after 365 days because you weren't in the support group. Would that be right? Contributory ESA is only paid for 365 days unless you are in the support group. 

    As you  didn' t have any benefit at all since February, you would get the full £109.65 per week from then until now, if what I'v e written above is right.  

    Please let us know how you get on.

    Best wishes

    Gill_Scope
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Thanks will do. I had letter from court to say my appeal was upheld and they gave me 15pts. My advocate has had letter from dwp to say I have been awarded 15 pts but I've not recived any thing just seams strange to me. Also if in the support group am I entitled to free dental treatment as been looking and it's a mine field of information. Also the court said not to be reassessed for 2 yrs.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    I've been informed by the dwp that after being in cb esa for 365 days and winning my appeal court dession getting 15 pts the dwp have put me in the Wrag group after the judge says I have limited capacity for work is this the correct group ad from day 1 I told the dwp I was appealing to be put in the support group. So many different groups rules and things causing me so much frustration after almost 20 months to be told I'm not entitled to any benifit. Anyone explain to me. My entilment.
  • RipplesRipples Member Posts: 189 Pioneering
    @pigeon55 The decision maker has put you in the WRAG based on the ruling and the  15 points thus awarded  I presume. You can appeal this if you think you qualify for the support group but if you went down that route you have to be aware that you in asking to be reassessed have the option of being put the in either of the groups or being found fit for work.
  • pigeon55pigeon55 Member Posts: 116 Courageous
    I've been told to put a letter into the tribunal court asking what group the court advise after my award and there statement of limited capacity to work. Awaiting a reply. Also after going through what I have over this long period of time I have to continue my case as I don't understand that working all my life I'm only entitled to 12 months benifit.
  • RipplesRipples Member Posts: 189 Pioneering
    @pigeon55 Slight confusion here, CB ESA is only payable for 365 days and after that you will be paid IR ESA  
  • pigeon55pigeon55 Member Posts: 116 Courageous
    Yes I no that but I thought after winning my appeal I would have been placed in the support group not in the Wrag group. My wife works so ir esa is out the question. I feal this is totally wrong to penalise and refuse my benifit after they say I have limited capabilities for work due to my wife's employment my national insurance and income tax has been payed by me for me not had any bearing the last 20 yrs on how much I've payed because my wife works. I don't see the point of me being put in the Wrag group apart from my stamp being paid towards my oap pension I suppose that will also have an effect on that as well. Ivery been told to ask for the courts submission regarding my case to see if it's possible to apeal and also to to reapply with a new claim for me to be put in the support group as the medical evidence for there dession is over 12 months old and there has been vast degenerative changes in my conditions in the last 12 months and they feal I would be put in the support group right away if this is the outcome of my court case. Sorry for the rant but it's so upsetting and frustrating after all this time to be told I have limited capabilities for work and can't get any benifit because my wife works.
  • RipplesRipples Member Posts: 189 Pioneering
    @pigeon55 Did your CB ESA  stop because you were already in the WRAG  and it was the 365  day rule? Were you appealing from an original decision to put you in the WRAG group ? I believe I am right in saying that the  tribunal can only judge your appeal based on the evidence at the time of the original decision.. You will have a better idea of where you stand once you get the tribunal paperwork and their findings.  The DM will make the decision based not always on the recommendations.  I am sure you know if they do not put you in the support group from your original claim your CB ESA will remain time expired. 
  • Lisa1980Lisa1980 Member Posts: 10 Listener
    Can someone tell what is the wrag a group I in the esa support group I waiting for my tribunal appeal for my medical health do u think I will my pip back I got very bad medical health if I do win my appeal can I get it back date fromm 2011 any one shed some lite on it please or is eny one been thorough this all ready can tell. Me please 
  • RipplesRipples Member Posts: 189 Pioneering
    @Lisa1980 You are better off making a new post as more people will be able to help you.  WRAG stands for Working Related Activity Group it has more conditions to it than the support group.  Although they can be considered complementary PIP is a different benefit. I don't think anyone can say whether you will win an appeal as it depends on your own circumstances. Were you transferred from another benefit  to PIP? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Lisa1980 said:
    Can someone tell what is the wrag a group I in the esa support group I waiting for my tribunal appeal for my medical health do u think I will my pip back I got very bad medical health if I do win my appeal can I get it back date fromm 2011 any one shed some lite on it please or is eny one been thorough this all ready can tell. Me please 
    That will totally depend on your circumstances. As Ripples said, were you transferred from another benefit before you were claiming ESA? Were you claiming DLA previously and have you ever claimed PIP?
    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
    Hello pigeon55

    It now sounds like you lost your appeal after all. (Is the wording on the tribunal decision notice that the  "(DWP) decision was upheld"? You appealed to be placed in the support group. The appeal tribunal placed you instead in the Work Related Activity group.  

    DWP will only pay your national insurance contributions if you continue your claim. NO ESA monies will be paid. If your wife works for 24 hours or more a week, then you won't get any income-related ESA. When universal credit full service arrives in your area and because the  rule explained in the last sentence  isn't part of the UC regulations, you could claim UC to see whether you have any entitlement to that. 

    If you have anew condition, or if your existing conditions(s) worsen, then you could make a new claim. 

    I am sorry to be the bearer of bad tidings. The law has been written to the effect that you can indeed pay national insurance for decades, but when you become ill or disabled, you are likely only to be paid for a year,  if you have a partner who works!  This is something ( an important one out of many other facets of the UK welfare benefits system)  that needs new legislation in order to be changed. 

    Gill_Scope
  • Paddock59Paddock59 Member Posts: 26 Connected
    This all sounds confusing to me so many regulations. In 2016 I was told by  solicitor that due to my previous medical conditions I was not entitled to any loss of earnings in car accident I had in 2015 as by 2016 I would not be able to work after I underwent medical as semester at the Nuffield hospital. And to now be told I' have limited capability for work in can not claim benifit as my wife works. I feal I am being punished by both dessions.been challenging these dession since the end of 2015 all its done is caused me depression and anxiety. After my claim was sorted the dwp claimed more money back than I recived in damages and loss of earnings so realy the dwp didn't pay my cb esa as the insurance company paid them back the 12 months cb esa.
  • Paddock59Paddock59 Member Posts: 26 Connected
    Just been going through my old paper work from my accident in may 2015. I recived statutory sick pay followed by cb esa for 12 months as the dwp didn't then stoped my payments as my 365 days were up. I was entitled to claim ir esa due to my wife working. Having been through the settment from my pay out for damages and loss of earnings wich I recived 3 months entitlement. It also states the dwp were payed back the total of my sick pay and my cb esa for the period of time they coverd. So technically the dwp haven't payed me 365 days cb esa as the third party insurance company reimbursed the dwp there out lay. So would that entitle me to recive 365 days cb esa from the dwp has they haven't payed me for the time I payed my national insurance contributions. Any thoughts anyone.
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    pigeon55

    I think you're talking about a personal injury ( or compensation) claim where the amount has been reduced to take account of money paid by the DWP to you in respect of a disability acquired because of the personal injury.

    I'm not aware of any alteration that can be made to your ESA payments because this money has been recovered by the third party insurance company..

    Perhaps someone else is aware of this? 

    Gill_Scope
  • Paddock59Paddock59 Member Posts: 26 Connected
    Yes it was a personal injury claim. I was looking at it logically. As the law states I'm entitled to 365 days cb esa to be paid by the dwp as my entilment for not being able to work wich they accepted after there assessment and my medical evidence. This 375 days was as you pointed out payed by a third party for my personal injury. So if that's taken as true the dwp in affect haven't payed me any cb esa.so I would have thought my national insurance contributions that I have paid over the relevant time have not been used to pay my benifit. I have been told by my advocate that I may be due a back dated payment as I wasn't  on dla before I recived cb esa regarding this uc they have introduced. I have appointment with my cab advisor next week will run this past him as well just was wondering your thoughts or anyone else's.
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