Employment and Support Allowance (ESA)
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Tribunal's decision ESA Help

Hi all,
I am looking for some advice and understanding of an appeal decision notice I have received.

The Appeal decision notice says:

1. The Appeal is allowed. 

2. The decision made by the Secretary of State on ****** is set aside.

3. ***** has limited capacity for work related activity. The matter is now remitted to the Secretary of State to make a final decision upon entitlement to ESA.

4. This is because insufficient points were scored to meet the threshold for the Work Capability Assessment, but Regulation 29 of the ESA Regulations 2008 applied.

5. No descriptor from Schedule 3 of the ESA Regulations 2008 was satisfied but Regulation 35 of the ESA Regulations 2008 applied. 

By reasons of  (conditions listed), ********* is significantly limited. Nevertheless he does not satisfy any Schedule 2 or Schedule 3 descriptors. However, if he were found capable of work or work related activity this would result in a substantial risk to his mental health. In reaching its decision, the Tribunal placed particular reliance upon the medical evidence in the bundle.

Any recommendation given below does not form part of the Tribunal's decision and is not binding on the Secretary of State. 

The Tribunal recommends that the Department does not reassess ******** within 12 months from today’s date.

What does this mean? Can someone explain this to me please? 
Fyi I scored zero points on the Work Capability Assessment.
Thanks 

Replies

  • gnmeadsgnmeads Member Posts: 187 Pioneering
    Hi Marwinn welcome to the Scope community.
    Does the appeal letter say "If you have any questions please contact ...."?  If not try contacting  the DWP or even ask the Citizens advice bureau 
  • MarwinnMarwinn Member Posts: 5 Listener
    I was in Helping Hands and they are not sure, as the decision states - remitted to the Secretary of State to make a final decision upon entitlement to ESA.

    Local CAB, oh don't even ask. The guy is completely useless. 

    The question is, am I entitled to ESA and if, what group and so on.
    I simply do not understand it. 
  • gnmeadsgnmeads Member Posts: 187 Pioneering
    Hi
    Try contacting CAB online, there are a number of ways this can be done just follow this link: https://www.citizensadvice.org.uk/about-us/contact-us/
  • WeepingWillowWeepingWillow Member Posts: 20 Courageous
    @Marwinn It means that you will be probably placed in the support group having satisfied the criteria.  ''Regulation 35 of the ESA Regulations 2008 applied. ''   
  • MarwinnMarwinn Member Posts: 5 Listener
    Well, today I've received two letters from Jobcentre (after I posted on the forum), that I am NOT entitled to any more ESA from the date mentioned in the Tribunal's appeal decision (the date of the original decision I appealed against ..) . What does it mean? Could Jobcentre overrule the Tribunal's appeal decision or how could it happen? What is the point going to the Tribunal then? I am lost now completely  
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    edited August 2018
    Hi Marwinn,

    The tribunal decision means that you are entitled to ESA and they have put you in the support group. This means that you don't have to go to the jobcentre or any assessments until they want to review you. The decision means that you didn't score enough points to qualify but by using regulations 29 and 35, you still pass the test because there would be a significant risk to your mental health if you had to look for work, or take part in work-related activity.
    The DWP cannot disregard this decision. All they can do is ask for a statement of reasons and appeal to the Upper Tribunal if they think the judge has misapplied the law. They rarely try to do this although it could happen.
    I'm not sure why you would have received a letter from the DWP stating that you are not entitled to ESA. You should phone them first thing on Monday morning with your tribunal decision notice next to you and find out what they are playing at.
    All the best, and please do let us know how you get on.

    Lee

    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MarwinnMarwinn Member Posts: 5 Listener
    Thank you, I will do. Thanks for clarification and the time you spend to respond and explain it to me.
    Regards
    M. 

  • MarwinnMarwinn Member Posts: 5 Listener
    Update, the letters sent have not even been recorded in the ESA system, even though there was a name mentioned in both. They had been sent 'automatically' and nobody knew why. This scare really helped my mental state over the weekend. Luckily I received another letter confirming the Tribunal's decision yesterday and any arrears paid in today. So happy, but still shaken. I start to think it was not a mistake, maybe ESA people thought I'd kill myself over the weekend to keep them happy. 
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