Forced to claim UC But won ESA Tribunal Appeal — Scope | Disability forum
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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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  • poppy123456
    poppy123456 Member Posts: 31,253 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.
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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
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  • poppy123456
    poppy123456 Member Posts: 31,253 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.
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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
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  • Ripples
    Ripples 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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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
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  • poppy123456
    poppy123456 Member Posts: 31,253 Disability Gamechanger
    Are you sure the Tribunal placed you in the Support Group and not WRAG?
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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
    edited July 2018
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  • Ripples
    Ripples 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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  • donal
    donal 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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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
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  • Ripples
    Ripples 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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  • donal
    donal 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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  • Ripples
    Ripples Member Posts: 189 Pioneering
    @donal You can work and receive  PIP  Just take it slowly ; )
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  • poppy123456
    poppy123456 Member Posts: 31,253 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.
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  • donal
    donal 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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  • poppy123456
    poppy123456 Member Posts: 31,253 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.


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    [Deleted User] Posts: 26 Connected
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