Appeal allowed

penny13

can anyone help me understand this letter my appeal has been allowed. I am shocked I was so feed up and unwell I couldn’t face it so did not go, I thought I was sure to fail. 
It also goes on to explain I have limited capability for work related activities. It then says I failed not satisfying schedule 2 and 3 descriptors. But if I where to work my mental health would get worse. ( no it couldn’t it’s at its worst now thanks to the benefit army)  and at the bottom it’s says I shouldn’t be recalled for 24 months.

so will I stay in support group. Do they backdate money do I need to do anything ?

anyone know or had experience ? 

Thank you ? 

clivelate

hi, sounds like you have been placed on the WRAG group, and no longer on the support group, from what you have written.

After seeing the letter you have added, im not sure what it means, i had to go to court for my ESA and awarded support group, but my paperwork, looks nothing like this.

poppy123456

Hi,

What exactly does the letter say? schedule 2 is WRAG descriptors and schedule 3 is Support Group descriptors but you say you didn't satisfy any of those. It's very difficult to advise on an internet forum without knowing exactly what it says in the letter.

It maybe reg 29 or 35?

penny13

penny13

thank you does the above help ? Type your commentthank 

poppy123456

It says if you were found capable of work and work related activity this would result in a substantial risk to your mental health.  My thoughts are Support Group because Limited capability for work and work related activity is Support Group.

penny13

Thanks Poppy so sit tight see if anything happens it’s not clear is it ? I have been on a reduced amount financially how long would you give them before contacting and would I be entitled to it backdated ? 
Its all very worrying and had given up ?

poppy123456

It can take as long as 8 weeks to hear anything from DWP. If it's Support Group and i think it is then you'll receive the difference between assessment rate and Support Group. No idea how long it will be backdated to because i don't know anything about your case.

happy123

You are placed in Support Group because of these regulations 29 and 35 applying ' don't worry 

penny13

Thank you ? 
my medical was February this year. Failed no money once I did mandatory thing they gave me 140 something every two weeks. I was living on my own but then had to have family help so it was reduced maybe get back on my feet a bit again  
my heart rate has stopped a bit now though thanks to you. I do wish they would send it in layman’s terms 

happy123

Also you won't need to be reassessed for 2 years ' well done for appealing 

happy123

DWP don't like to advertise Regs 29 and 35 applying in case you don't meet other descriptors ..I was made aware of them by a Mental Health Social Worker 3

penny13

I am amazed I have always had to fight and my fight ran out. I didn’t even go to my pip medical  
been fighting for 15 years no mental health support now just my family meds and a useless doctors practice. 
I was aware you can get through on mental health grounds no ward but not sure how 
thanks again 

poppy123456

Reg 29 is WRAG and reg 35 is Support Group. As the letter says if you were found capable of work and work related activity this would result in a substantial risk to your mental health. It means Support Group.

Both regulations explained here in the CPAG link.

http://www.cpag.org.uk/content/making-exception

penny13

Should I ask for any paperwork from the tribunal ? Maybe the statement of reasons ? 

poppy123456

No harm in asking, email them is the best.

BenefitsTrainingCo

Hi penny13,

You have got the best possible decision that you could have received, there really is little point in requesting statement of reasons. It's quite clear that the tribunal have decided that looking for work and even undertaking work-related activity is something which could cause a substantial risk to your physical and/or mental health and so the statement of reasons may be upsetting to read.

Lee

penny13

Thank you Lee 
I have been fighting for my benefits for so long I really had given up not going to this esa tribunal and not attending my pip medical as my mental health had gone haywire. My daughter helped a lot but she is now married and is living her life. I do think there is a point she has to, after looking after me for so many years of her own life. This leaves me on my own, the system just doesn’t support. So 
I was totally shocked to have won. 
So here it is in two years I get called again the forms and process of mandatory ect finished me off and the money side is hard they just stop it now. I can’t handle job centres ect very well either 
What’s your advice ...

poppy123456

As you've been placed into the Support Group you won't have to attend any job centre appointments. You just need to wait until you receive the letter from DWP, which can take about 8 weeks.

The recommended 2 years by the Tribunal is just a guide and you can be re-assessed for ESA anytime from 3 months and this is the same for everyone. I've always been in the Support Group and the time between assessments has always been longer than they recommend for me.

When the time does come and you do receive another form then the process will be the same, Fill the forms out with as much information as possible and send the evidence with the form.

For now, try to relax, i know that's very hard but if i thought about the review for both ESA and PIP all the time then i would never sleep. I put it to the back of my mind, until nearer the time.

penny13

Thank you but it’s that hamster wheel on my own that I jumped off this time ? How many more years of getting my life normal for me then having to face the questions and poverty and rudeness. 
I need support at the time of form filling but over the years I have had even MIND put me down. And Mind messed up one form not even sending it !