Employment and Support Allowance (ESA)
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Won Support Group rate at tribunal, what happens now?

LeoJaneLeoJane Member Posts: 11 Connected
Hi, can anyone help me please.  In Oct 2016 i was receiving ESA, i didnt attend the work capability assessment due to bad health, anyway i got a call the same day from DWP to state my ESA had stopped as i didnt attend.  I send a Mandatory Reconsideration and failed this led to me having to go on Jobseekers Allowance as i took it to Tribunal.  Anyway 2 years later my court tribunal came and i won at the support group rate.  Does anyone know what happens now? Ive closed my JSA claim and hope that DWP will write to me soon, its been a week and not heard anything as yet.  Thank you

Replies

  • LeoJaneLeoJane Member Posts: 11 Connected
    Hi @steve51.  Thanks for the welcome.  I hope youre ok.  Also a massive thanks for your kind help, its appreciated.   . 
  • LeoJaneLeoJane Member Posts: 11 Connected
    Do you think there may be some back payment allowed.  Pr is it offset rom the JSA i received whilst waiting for Tribunal date.  Thank you
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,
    Great news. It can take 6 weeks or more to receive the backdated payments and for DWP to place you back onto ESA and into the Support Group. This is because they have the same chance we do to appeal the decision. To do this they must ask for the statement of reasons and they have 28 days to do this. Then they have to find an error in law in making the decision. It's rare they do this but it can happen. I'm sure everything will be find.

    You'll be backdated the difference between the JSA and ESA Support Group rate.
    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.
  • LeoJaneLeoJane Member Posts: 11 Connected
    Hi Poppy,

    Thanks so much for your reply.  It was a long time to wait for the hearing, 2 years to the day nearly.  Do you know if i will have to obtain backdated sicknotes from my GP for the last 2 years that i had to claim JSA. I was forced to claim JSA as they stopped it with immediate effect from the day i couldnt attend the WCA.  Been a very harsh 2 years and am so grateful for your support. 

    Jane 
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @LeoJane

    No probs it’s my pleasure!!!!

    How are things with you today??    
  • LeoJaneLeoJane Member Posts: 11 Connected
    Hi,

    Had better days, all this upset and instability just dosent help.  But am very grateful for all the good things in my life.

    Sorry bit deep, but so true.  How are you? 
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Congratulations! @LeoJane I was wondering what made you decide to appeal the decision and did it have any impact on your jsa claim? I’m asking as it happenned to me and I gave up on esa when I lost my tribunal about 3 years ago and I’ve never tried again. I think it’s because you have to be actively seeking work on jsa and having attended job interviews went against me at tribunal. I’m so pleased for you. Well done. 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    No, you won't need any fit/sick notes to be entitled to the backdated money. You've been placed into the Support Group.
    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.
  • LeoJaneLeoJane Member Posts: 11 Connected
    Thank you Poppy.  I hope youre ok.  Many thanks again
  • LeoJaneLeoJane Member Posts: 11 Connected
    Dear Debbie,

    I couldnt attend my Work capability Assessment and they stopped my ESA with immediate effect.  I sent a mandatory reconsideration and it was not OK'd by DWP.  So i had to go to Tribunal as i didnt agree with their decision.  Whilst i was waiting for hearing date, they didnt pay me ESA, so i had to claim JSA in order to live as their was no ESA as theyd stopped it.  Ii tried to look for work and tried to attend interviews but nothing worked out, not surprising really as im not well.  The judge took this into consideration in his decision i think.  Its a vicious circle Debbie.  It took 2 years to go to Court, so i had to sign on for JSA, had no choice and i had to sign their contract and try an become employed, which failed miserably due to my illness.  Yes I won and please dont give up. 

    Jane x
  • LeoJaneLeoJane Member Posts: 11 Connected
    Debbie,

    It couldnt effect my JSA claim as they know ive no other income, JSA's hand were tied, as they knew i wasnt well enough but also knew i needed the money because they stopped my ESA immediately, when i couldnt attend the WCA which was 25 miles away.

    Jane 
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Thanks for the info. I’m still on jsa but with support I managed to get part time work which is covered by jsa. From there I was supported to get pip all way to tribunal . Because of esa experience I didn’t want to try but the m h charity and welfare rights who helped me were great. It’s all universal credit in my area now anyway but I’m not on that yet. I can understand how folks get devestated by the process. Getting pip makes all the difference. Take care
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • LeoJaneLeoJane Member Posts: 11 Connected
    Hi Debbie, 

    What mental health charity helped you and where do i get  welfare rights?  I did all of it alone, no support from anywhere x
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @LeoJane

    Yes I’m still “alive & kicking” 

    How are things this morning????

    I can go through things with you if that will help????

    We have got some “Benefit Advisors” here on our site.

    I can forward your posts if you wish???
  • LeoJaneLeoJane Member Posts: 11 Connected
    Hi Steve,

    Glad youre ok.  Hope the sun is shining in your neck of the woods, its lovely here.   Would be good to have some support wouldnt it?  If you didnt mind forwarding it on.  

    Ive closed my JSA claim and now waiting for my letter from DWP, im hoping it wont be tood long now.

    Jane 


  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    @LeoJane
    the welfare rights team I use are part of the money advice team at the local council.
    the mental health charity I use are samh and RAMH both Scottish m h organisation that provide services where I live. Samh were working on a pilot scheme with the Jobcentreplus in my area and have now moved to another area. I think if you contact your local council or library or try gov.uk they should be able to point you in right direction.  Good luck 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • LeoJaneLeoJane Member Posts: 11 Connected
    @debbiedo49  hi, thanks for the advice.  Best wishes  jane 
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