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Forced to claim UC But won ESA Tribunal Appeal

[Deleted User][Deleted User] Posts: 26 Connected
in Employment and Support Allowance (ESA)
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The issue here is that you were found fit for work and you didn't have to claim UC. You could have waited for the Tribunal to accept your appeal and then gone back onto assessment rate for ESA. Yes, i know the money situation would have been an issue but there was also a 6 week wait for UC payments to start, so the difference in the wait for your money wouldn't have been a great deal. I know if it was me then i wouldn't have applied for UC i would certainly have waited for the Tribunal to accept the appeal.

    No further details have been given about the transitional protection so i can't answer your question, sorry. I do believe i heard that it could be sometime in August that we hear more.
    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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  • [Deleted User][Deleted User] Posts: 26 Connected
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Not being given the correct advise may not help you here. Was it the DWP who told you, you had to claim UC? I'm guessing it was. Not the greatest people to ask for advice really. There's other places you could have gone for advice, even posting on forum just like you're doing now.

    Others will give their opinion, i'm sure.
    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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  • [Deleted User][Deleted User] Posts: 26 Connected
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  • RipplesRipples Member Posts: 189 Pioneering
    edited July 2018
    @thistle You were claiming ESA  before you were found fit for work? Which group were you in previously before your  subsequent appeal? The DWP have a stock answer for anyone who hasn't met the assessment criteria which is if they need to claim they should do via Universal Credit, ( or JSA  for some). This isn't erroneous information or a mistake as such as it is a valid option. It is only if you press them on information about appeals  that you might get told that you can claim assessment rate whilst appealing. Once you claim UC you automatically cannot  return to legacy benefits such as ESA and it is classified as a natural  migration.   Poppy123456  is right managed migration  is penciled in for next summer although I have read that this will happen with those on IR ESA claimants  only initially. If and when it  happens then transitional protection will be worked out.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Are you sure the Tribunal placed you in the Support Group and not WRAG?
    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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  • [Deleted User][Deleted User] Posts: 26 Connected
    edited July 2018
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  • RipplesRipples Member Posts: 189 Pioneering
    edited July 2018
    @Thistle Although it's changed from ESA to new style ESA on UC I believe I am right in saying they still follow the same 2013 legislation on ESA.  The decision to put you in the equivalent WRA group ( LCW), instead of support, (LCWRA) would still have been made by a DWP decision manager and you can still get the Tribunal's and decision makers paperwork on request if you haven't got it.  If you still think you qualify for the support group you can further appeal the DWP dm  decision but it isn't one I would take it lightly as it means that on review  not only can they put you in the LCWRA  group they could also find you fit for work  again.
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  • donaldonal Member Posts: 4 Listener
    edited July 2018
    i'm on low pip, can they take it away from you if you take up part time work.

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  • RipplesRipples Member Posts: 189 Pioneering
    edited July 2018
    @donal I think this would construe a change of circumstances which you should let the DWP know about.  You usually have an award for a certain time before they review you again They don't automatically remove pip but they could ask you in for a review. Where you would have to be careful is where you scored points on your assessment and if it contradicts the  job you are doing. For example 'claimant says he cannot interact  with strangers' and you get a job in a busy shop,  or 'claimant has mobility problems' and you get a job where you are moving around a lot.
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  • donaldonal Member Posts: 4 Listener
    I've just had a reassessment, just waiting on the DWP decision, but i'm desperate to start earning again, even tho my body isn't quite there yet.
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  • RipplesRipples Member Posts: 189 Pioneering
    @donal You can work and receive  PIP  Just take it slowly ; )
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    People work and claim PIP. As long as the work you plan on doing doesn't contradict the reasons for your PIP claim then it will be fine.
    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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  • donaldonal Member Posts: 4 Listener
    thank you all for your replies.

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  • [Deleted User][Deleted User] Posts: 26 Connected
    edited July 2018
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  • [Deleted User][Deleted User] Posts: 26 Connected
    edited July 2018
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As there's been no further updates to the announcement made last month then there's nothing at all you can do until further announcements are made. It's most likely a case of sitting and waiting. Going back onto ESA will not be possible, which ever way you look at it.


    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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  • [Deleted User][Deleted User] Posts: 26 Connected
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited July 2018
     If only my ESA  medical assessment was 2 weeks later. I'd have maybe avoided all this hassle. Thank you everyone for your help. 
    What makes you say that? You were still incorrectly advised. You should have made sure that advice you were given by the DWP was correct at the time. After all, it was the DWP who advised you.
    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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  • [Deleted User][Deleted User] Posts: 26 Connected
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  • [Deleted User][Deleted User] Posts: 26 Connected
    edited July 2018
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Qualifying for SDP at that time even if it was 2 weeks later wouldn't have made any difference. The announcement was only made last month and as i stated nothing else has been announced yet as to what will happen. You were still found fit for work so your ESA stopped.

    I don't understand if you had doubts why you went ahead and claimed UC before getting further advice from either your local CAB or the likes. Never trust DWP to advise with anything!

    As for the group you've been placed into for UC then you should ring UC and ask for a callback. You should then explain to the person who rings you back about your ESA Tribunal that you were placed into the Support Group and not WRAG and you've been placed into LCW for UC. Maybe also send them a copy of the decision notice from the Tribunal too. UC should place you into the LCWRA group until you're re-assessed by UC. Providing you were definitely placed into the Support Group by the Tribunal of course. I've know claimants get that part wrong before.
    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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  • RipplesRipples Member Posts: 189 Pioneering
    edited July 2018
    @Thistle  Unfortunately  person x at the DWP  may have advised you to go on to UC and person Y may have said you will be put into the support group but it would be problematical proving these things  unless it is recorded somewhere  or you have other evidence such as a letter. 
    No one can say you were incorrectly advised based on hearsay ( this isn't to say your understanding or relation of the calls are wrong). Speaking to someone at the DWP is sometimes a lottery, there are some very knowledgeable people and there are some who have a limited knowledge although in both cases they will have a team leader on their back trying to get them to wind a call up.
     DWP would have placed you in a certain group or category based on the appeal report which will be on record and would be unlikely to change a decision to put you in the LCWRA  to LCW  although if they did so they would have to challenge the  appeal decision within 28 days laying out the reasons for doing so.
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  • [Deleted User][Deleted User] Posts: 26 Connected
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  • RipplesRipples Member Posts: 189 Pioneering
    @Thistle I believe that you can put the post as answered or just leave it . Good luck
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  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Thistle, in general there's no need to close a post after your query has been answered (others may like to join in at a later date), but I've closed this one for you!
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This discussion has been closed.