Employment and Support Allowance (ESA)
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Tribunal for ESA!!

lostinthoughtlostinthought Member Posts: 10 Listener
Hi I had my tribunal 7/08/18 but it don't say what group I'm going to be in. Can anybody help me please the letter says

1:the appeal is allowed
2:the decision by the secretary of state on 11/12/17 is set aside.
3: Mr Xx had limited capability for work
4: in applying the work capability assesment 18 points where scores from the activities  and descriptors in schedule 2 of the ESA regulation s 2008 made up as follows.

6 points for coping with change
6 points for getting about
6 points for coping with social engagement due to cognitive impairment or mental disorder

5: no schedule 3 descriptors applies regulation 35 of the ESA regulations 2008 did not apply.

By reason of significant anxiety and low mood  Mr Xx is significantly limited in particular in carrying out daily living activities that requires interaction with people he does not know. As a result the above  descriptors are satisfied. In reaching its decision the tribunal placed particular reliance upon the evidence from Mr Xx and his mother.

Any recommendations  given below does not form part of the tribunals decision and is not binding on the secretary of state. 

The tribunal recommendes  that the DWP  does not reassess Mr Xx  within 24 month from today's date.

Does that mean I'm in support group!?

Replies

  • Paddock59Paddock59 Member Posts: 26 Connected
    I recently had much the same letter after apeal. The dwp told me unless you get 15 pts from at least 1 discriptor you are put in the Wrag group. I have asked for a statement of reason and awaiting this to come to see if I can apeal to the higher court
     Hope you get a better answer than me.
  • WeepingWillowWeepingWillow Member Posts: 18 Connected
    @lostinthought It indicates that  you will be in the WRAG ( LCW).  This is indicated by ''no schedule 3 descriptors applies regulation 35 of the ESA regulations 2008 did not apply.''  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Agreed, no Support Group. Unfortunately they kept you in the WRAG.
    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.
  • lostinthoughtlostinthought Member Posts: 10 Listener
    Well I phoned ESA and after reading the letter to the lady on phone, she said it sounds like I'm in support group but don't know till tribunal send info over to DWP 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's incorrect, unfortunately you lost your Tribunal and remain in the WRAG. Clearly stated by this.no schedule 3 descriptors applies regulation 35 of the ESA regulations 2008 did not apply.''  
     Schedule 3 is support group descriptors or limited capability for work related activity. See link.


    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.
  • lostinthoughtlostinthought Member Posts: 10 Listener
    This is the first time I have been put in a group I failed my medical that's why I had tribunal 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    My mistake, sorry yes i see now. Schedule 2 is WRAG. If you applied for ESA after 3rd April 2017 then the new rules apply to you. This means that there will be no back dated money as the WRAG amount is £73.10 per week, same as assessment rate.
    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.
  • lostinthoughtlostinthought Member Posts: 10 Listener
    I was on ESA from 2016 and then lost it in December 2017 when I was found fit for work so had to go on JSA for a while then my doctor said I should really be on ESA so I exquired and contribution based was reinstated till 365 days was up and then it changed to income related till I had my tribunal which I won so don't know how much back pay I will get or what is going on at the moment all I know is the man from DWP said outside the room at the end of the hearing that Im due a substantial amount of money and not to spend it all at once lol,!!?
  • WeepingWillowWeepingWillow Member Posts: 18 Connected
    edited August 2018
    @lostinthought You made your claim in 2016 but didn't have an assessment until late 2017 then you claimed JSA  until returning to ESA?    The difference between assessment  rate and WRAG  for a claim pre April 2017 is a shade under £30 a week.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    ESA WRAG before the changes was £102.15 per week, income related. More is possible for the premiums if you have a PIP daily living or DLA mid/high rate care award.
    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.
  • lostinthoughtlostinthought Member Posts: 10 Listener
    Don't have PIP or DLA I'm no good with how benefits work all Im getting is ESA I'm  28 In 2 month and a single parent, I obviously get paid for my son aswell but don't know if I'm entitled to anything else other than ESA 
  • lostinthoughtlostinthought Member Posts: 10 Listener
    I scored 18 points from 3 different activity descriptors what ever that mean 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The ESA payment is for you and doesn't include money for your son. As you don't receive PIP or DLA then your ESA will be £102.15 per week because you claimed before April 2017. Scoring 18 points means WRAG, for WRAG you need at least 15 points. It could take 6 weeks or more to receive your backdated money from ESA and it will be backdated to week 14 of your claim.

    You should be getting Child tax credits and child benefit for your son. Housing benefit (if you rent your home) and council tax reduction too.
    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.
  • lostinthoughtlostinthought Member Posts: 10 Listener
    Yes I get child benefit child tax, housing benefit etc, but still unsure on how ESA works with me claiming before April 2017 or how much back pay I could be due 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's approx £29.05 extra per week, you'll need to count back the number of weeks from week 14 of your claim.
    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.
  • lisa1972lisa1972 Member Posts: 27 Connected
    I sent hospital letter & report from gp about my depression.is that enough evidence.for my esa tribural on Thursday.really worried.i was on esa but gotbtaken off it when scored 0 at medical .i was in the wrag before .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If the letter from your GP states how your conditions affect you then yes it will help, otherwise it won't be of much use. Usually a GP doesn't know how your conditions affect you.
    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.
  • lisa1972lisa1972 Member Posts: 27 Connected
    On my report from gp  she put on fleeting suidial thoughts and ups my medication also got on how axious I am Aswell that I get very anxious around people I don't no .and that I'm sleeping ok .hope that would be ok .thanks Lisa .
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The hearing will be the same as the first one you attended. Are you taking someone with you?

    As i said on your other thread with this question, it's difficult to comment on anything because no one knows how your conditions affect you.

    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.
  • lisa1972lisa1972 Member Posts: 27 Connected
    I'm taking my husband with me has can't go out on own
  • lisa1972lisa1972 Member Posts: 27 Connected
    I only had my depression & anxiety for bout 8 month now can can I still get esa for it .i also have spinal & neck aswell stomach problems aswell. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    The Tribunal will only take into consideration what you were like at the time of the decision, so if the anxiety and depression has been there after the decision then they won't take it into consideration.
    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.
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