Employment and Support Allowance (ESA)
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Statement of reasons

Daisy12Daisy12 Member Posts: 5 Listener
Hi, I'd like some advice please, I had my tribunal on 29th of August to go back into esa support group. I won my tribunal. DWP said they was not paying back pay as they were asking for a statement of reasons. I received my sor on the 14th November. I have since heard nothing more from DWP nor have I received any back pay. Can someone say what might happen next? I'm so fed up with all this. I also received an esa 50 form for another assessment even though the judge said I had to be left alone for 2 years.

Replies

  • CaraLeeCaraLee Member Posts: 39 Courageous
    Hello,
    I'm so sorry you are going through such a stressful time. This sounds like something citizens advice may be able to help with, have you contacted them to see if they can give any advice? When you won your tribunal were you given any papers stating the decision of the judge these may be helpful in making a complaint to ESA that you still received the form. there is also lots of information about benefits on scope and also money advice mind or rethink you can read online or helplines that may help you. I hope you find some answers soon.     
  • CockneyRebelCockneyRebel Member Posts: 5,258 Disability Gamechanger
    It is not unusual for the DWP to ask for an SOR but seldom do they take it any further.
    DWP normally take 6-8 weeks to put a tribunal decision into payment
    Be all you can be, make  every day count. Namaste
  • Pippa_ScopePippa_Scope Member Posts: 5,856 Disability Gamechanger
    Hi @Daisy12, and a belated warm welcome to the community!

    I'm sorry to hear about your frustrations. Congratulations on winning your tribunal! As CR says, it can take 6-8 weeks for a decision to be put into payment and so it may be a while before you hear anything, but please do keep us updated and we'll advise where we can. Fingers crossed things move forwards for you soon!
  • Daisy12Daisy12 Member Posts: 5 Listener
    Thank you for all you're comments they are very helpful to me. I went to see citizens advice and they were very good but I have to wait now to see what will happen and if I get any letters from DWP. Today is the deadline for DWP to appeal so I will let you know on here when I hear anything. Thank you all again!
  • Daisy12Daisy12 Member Posts: 5 Listener
    Hi, I had someone call me back from DWP to say that DWP are trying to appeal this further. They said they appealed on the 28th November and apparently a judge has to say weather they can accept their appeal or not. I'm now having to wait until 28th December. I have received no paperwork from DWP or judge to say what they think is wrong. I keep being told not to worry but I can't help but do so. What will happen next I don't know. I hope the judge refuses dwps appeal.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Have they asked for SOR? they can't appeal it unless the error in law has been found.

    There's really nothing more you can do but wait to see what happens i'm afraid.
    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.
  • Daisy12Daisy12 Member Posts: 5 Listener
    Yes. I received a statement of reasons and DWP received theirs as well. I am just back to waiting again although I thought DWP would have written to me just to let me know what is happening. I will keep updating once I hear any more.
  • worried33worried33 Member Posts: 399 Pioneering
    They ask for statement of reasons as standard procedure, I expect they will payout, an appeal to upper tribunals is uncommon.
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