Employment and Support Allowance (ESA)
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Tribunal

itsdebsitsdebs Member Posts: 10 Listener
Hello, 2 weeks ago I won.my esatribunal after 15 months of waiting..was so happy I cried! I was awarded 32 points and a couple of descriptors.. I'm also a carer for my son who is deaf with learning difficulties, so the job centre put me on income support thankfully...anyway today I have a letter from the DWP saying they are considering taking it to the top tier tribunal ( I don't mind I have.my fighting gloves on ..have since the esa assessor lied through her teeth at the start of all this)..but it has brought me down with how much more can they drag someone through this ...I haven't claimed esa since they stopped my claim..so I would like to know what do I expect now what else can I do? Is there an end to this 😐 ps I'm sorry if this post is in the wrong place I haven't posted anything before ever 😬

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    There's nothing you can do but wait. DWP can't appeal the decision unless there's an error of law made by the 1st Tribunal. For this they must first request a copy of the statement of reasons. There's no timescales to how long it takes to receive a copy of this. Good luck!
    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.
  • itsdebsitsdebs Member Posts: 10 Listener
    Thank you poppy,  prepared to wait :)
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Welcome to the community @itsdebs, glad to see you've had some advice. Please do keep us updated!
  • itsdebsitsdebs Member Posts: 10 Listener
    Hi, just a quick up date ...still nothing from esa after the tribunal win ...not to sure what to do , so just waiting 
  • crackercracker Member Posts: 324 Pioneering
    Since I don't understand the UK's health care system I am wondering why they want to move you when you need such help. I am sorry for the waiting times - they must make you anxious.
    I hope things work out soon for you.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    itsdebs said:
    Hi, just a quick up date ...still nothing from esa after the tribunal win ...not to sure what to do , so just waiting 
    Ring DWP and ask, it's the only way you'll have an answer. Good luck.
    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.
  • itsdebsitsdebs Member Posts: 10 Listener
    Hello, rang dwp..my case is still with the decision makers has been since early October  ( I don't know how long they can hold it for without any contact to myself) ..even the esa fella I spoke to said it's a ridiculously long time , he fIred off an email to whoever he had to, with a " they'll call you in a few working days" ...it's so frustrating that you can't speak to the people you need to speak to ...feel like this has taken over my life ..thanks debs x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    DWP have the same chance we do to appeal the decision. To do this they have to first ask for the statement of reasons. Once they receive this they must then find the error in law. It's possible that this could be the reason for the delay.

    Stressful i agree but there's really nothing you can do but wait to see what happens. Hopefully you'll receive a call back a couple of days.
    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.
  • itsdebsitsdebs Member Posts: 10 Listener
    Just had the processing centre in Hackney call ...very apologetic but wanted to know if I wanted to reinstate esa or stay on income support...depending on what I want to do they'll look into any arrears owed..I'm finding this stress full I'll be honest. .and also advised me to do a benefit calculator. ..so being as I've claimed income support am I not entitled to arrears from esa ....kinda lost
  • dannyUK76dannyUK76 Member Posts: 72 Connected
    Why are this government so nasty and evil. 
    Can anyone answer that. 
  • itsdebsitsdebs Member Posts: 10 Listener
    I'm still none the wiser..if I decide to stay on income support would I still get back dated.money from esa after winning appeal..the thought of going through the assessments again fills me with dread after 18 months of this ..it's horrendous ..or do I need to go back on esa to get the back dated.money money ...I really don't know what to do ..am expecting a call back and they want a decision. ..feeling pushed 
  • worried33worried33 Member Posts: 399 Pioneering
    edited November 2018
    From what I understand but I stress I may be wrong.

    Its not too unusual for them to ask for the statement of reasons, they did this when I won my DLA tribunal, however the vast majority of cases they do not appeal to the upper tribunal, simply because most of the time they cannot, they have to find an error of law of which they have a reasonable chance of arguing over.

    So I feel there is still a good chance they wont actually take it further and you will get a decision latter honouring the tribunal decision.

    But if they do appeal again, they can only do this once more I believe and a upper tribunal decision would stand.
  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    As far as I am aware the UTT does not remake a decision but if successful will refer back to FTT with direction
    Be all you can be, make  every day count. Namaste
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    @worried33 itsdebs isn't worried about DWP appealing the decision.

    @itsdebs my thoughts are, if you hadn't been found fit for work to begin with then you wouldn't have claimed Income Support, you would have been claiming ESA. As you were found fit for work you chose to claim Income Support. Logically it seems like you should be paid the backdated money of the difference between IS and ESA, was in the Support Group you were placed into?

    As for going back onto ESA or staying on Income support only you can answer that one.

    I will advise you though, for ESA they can reassess you at anytime and this can mean as early as 3 months, if you go back onto ESA, Regardless of the time the Tribunal have given you.

    If you're then found fit for work you won't be able to re-claim Income Support if your area is a full Universal credit area, you'll have to claim UC. Difficult choice but i know what i'd choose. Good luck with what ever you decide.


    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.
  • itsdebsitsdebs Member Posts: 10 Listener
    Hello, yes the statement of reasons was asked for and the courts obliged very quickly I'm happy to say...and it's been allowed ...I've been placed in a support group with 32 points plus descriptors...this has been going on since July 2017..it's worn me out a bit..I would just like to say a big thank you to everyone responding it really does help a lot
  • itsdebsitsdebs Member Posts: 10 Listener
    I have never experienced anything as taxing as this ...I'm still waiting on the call back from esa though I have phoned them twice both times on the phone for an hour before anyone answers ..to be told they know nothing and will put me on the call back list ..I'm still not sure if I'll get back dated money from winning the tribunal back in September if I stay on income support ..esa have been as helpful as a chocolate teapot..I have even called citizens advice who though very helpful didn't know either...even called turn2us who also didn't know but gave me phone numbers of a law firm who could help with advice whose number no longer exists. ..I have exhausted all avenues bar calling the welfare officer at my council. ..18 months on and I'll be honest I think I'm done..
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Oh I'm sorry to hear this @itsdebs, I know how disheartening it can be to feel like you're being passed on from one place to another. If you're still seeking legal help, there are some organisations on this Scope page who may be able to assist. We're all here to support you so do keep us updated and we'll advise where we can.
  • itsdebsitsdebs Member Posts: 10 Listener
    I have decided to stay on income support, the main reason I can't go through all this again if an assessor gets it wrong again...3 weeks ago I told esa I was staying on income support and they said they will sort out any arrears due..I rang today and they asked if I wanted to stay on income support or go back to esa told them I had told esa 3 weeks ago I was staying on income support I'm just ringing to see if I have any money due in back payment ..she said she has no idea and that they are under the 6 weeks to pay...I explained this has been going on over a year and half ...I just want closure...still within our limit is all I got told. ..will this ever end!
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It's frustrating i agree but there's really nothing more you can do until you hear from them. It's impossible to tell whether or not you're due any backdated money.
    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.
  • worried33worried33 Member Posts: 399 Pioneering
    If you have won a tribunal and the DWP accept it, then the tribunal decision will be actioned, so you will get put on ESA SG, and the money change will be backdated to the date of the DM decision that you appealed against, but it takes time of this to happen, so really you just need to wait now.
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