Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.

Won my appeal

Won my esa appeal but unsure of the wording on the paperwork. From 0-24 points. 
3.....has limited capability for work related activities. The matter is now remitted to the secretary of state to make a final descion upon entitlement to esa.
4. In applying the work capability assessment 24 points were scored from activities and descriptors in schedule 2 of the esa regulations 2008
5.no descriptor from schedule 3 of esa regulations was satisfied but regulation 35 of the esa regulations 2008 applied
By reasons of ibs and fibro Mrs..... Is significantly limited  As a a result the above schedule 2 descriptors are satisfied. Never the less she does not satisfy any schedule 3 descriptors. However if found capable of work related activities would result in a substantial risk of worsening in mental health. 
So I won but will i be support or wrag group. 
I forgot to ask. All advice will be greatly appreciated 
Thanks in advance 

Replies

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

    Yes, reg 35 applied to you and this is Support Group. Well done, great news.
    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.
  • ScissorhandsjackScissorhandsjack Member Posts: 20 Listener
    Thank you for getting back to me so quickly. Made my day huge weight off my already frazzled mind😊
  • ScissorhandsjackScissorhandsjack Member Posts: 20 Listener
    Another quick question if that's OK. 
    When they pay back money do dwp put esa back to what I was on before after back pay or before. Or do they just add it to what they owe you. 
    System is so confusing
    Thanks
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That will depend on what you were claiming previously as i have no idea what your claim was all about or your reasons for the Tribunal.
    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.
  • ScissorhandsjackScissorhandsjack Member Posts: 20 Listener
    I was on income related esa plus disability premium and the premium for guarantee income. I went to tribunal because they found me fit for work
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If are claiming assessment rate for ESA now while you waited for the Tribunal then you'll be back dated the difference between this and the Support Group.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    It can take 6 weeks or more to receive your backdated money. This is because DWP have the same chance that we do to appeal the decision but to do this they must first ask for the statement of reasons and they have 28 days to do this. Then find an error in law in making the decision.
    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.
  • ScissorhandsjackScissorhandsjack Member Posts: 20 Listener
    Ah right I didn't know that thank you so much for the information 
Sign in or join us to comment.