Employment and Support Allowance (ESA)
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ESA tribunal won. But not heard anything

Hi all, 

I went on to ESA in March 2018, because of mental health issues. PTSD, depression and anxiety. They've put me back and forward from ESA to jobseekers then back again. When I went for my ESA assessment I scored 30 points. But DWP decided to retract all the points because they felt I was giving contradicting information. Basically they asked me if I have a partner and I said yes and they automatically presumed that she lives with me. We showed them two separate tenancy agreements when we got called to a compliance interview and I got a call 5 minutes after leaving the job centre telling me, "well if you're living on your own then you're clearly quite capable we are retracting all the points". So I went to the Citizens Advice Bureau and they started proceedings for mandatory reconsideration. That got also rejected so we went to tribunal last week. As I said I won the tribunal but I haven't heard anything yet. Also I am worried because back in December when I got just put back onto ESA I got offered a job that I had to apply for while I was on Jobseekers. I was fed up with benefits and thought to myself, it will be fine I should be able to do it. I did 3 training days but had to stop working because of panic attacks and anxiety. I called ESA and told them that I work for 3 days but that my mental health got the better of me. They said put it in writing so I did. I wasn't sure what the time if I would get paid for the 3 days training that I did and I got this paid at the end of January. I have put it in a letter and posted it the day after my tribunal. The job was discussed at the tribunal and they asked me what happened while I was at work and I explained. After I won the tribunal I felt a little bit more relaxed but that didn't last because the next day I got a call from housing benefit saying that ESA has advised them that I started working. I'm really worried and confused as to what should happen next. I got paid ESA today at the pre-assessment rate of £73.10. I'm sorry that is such a long post. But I really hope someone can help me. Thank you in advance

Replies

  • nanda81nanda81 Member Posts: 12 Listener
    Btw. I live in Aberdeenshire... x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    What were you awarded by the Tribunal, WRAG or Support Group?

    When claiming ESA you can do something called permitted work. This means that you can work no more than 16 hours per week and earn a maximum of £125.50 per week without it affecting any of your ESA. You must get permision to do this work from DWP before starting. Do be aware though that if the work you do contradicts the reasons for your ESA claim then this could possibly go against you when you're next re-assessed.

    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.
  • nanda81nanda81 Member Posts: 12 Listener
    The tribunal letter says.... by reasons of mental health issues ms... Is significantly Limited, in particular in the above listed activities. Nevertheless she does not score sufficient points. However if she were found capable of work this would result in a substantial risk of a deterioration in her mental health.

    So i think its the support group... it says they recommend that i cant be reassessed for 18 month. 

    I am aware of that... I was just so worried that I would lose the tribunal as well. I took the job out of panic. When I send them the letter about the wages I didn'tI did enclose my P45 as well as the payslip. I have done everything by the book so hopefully because the job thing got mentioned in the tribunal it should be OK shouldn't it? X
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If it was Support Group it would say the words "limited capability for work related activity" ... This is reg 35 for substantial risk.

    If it's WRAG then it would say "limited capability for work". This is reg 29 substantial risk.

    Providing you didn't earn over the maximum amount per week then it should be fine. Do remember that if you want to try working again in the future then please get permission before you start.
    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.
  • nanda81nanda81 Member Posts: 12 Listener
    I will do... its section 35... the lady from the citizend advise told me... so what do i do now? I had the tribunal on the 29/01/19... do i just wait? What about the back pay? Do i have to tell the dwp? Or does that just happen? The lady from citizens advise wasmt sure if i would get the full amount or the difference for support group... m sorry, so many questions... x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's Support Group. You don't need to do anything but wait. The DWP will have already been contacted by the Tribunal. The back dated money you'll receive is the different between assessment rate ESA (£73.10 per week)  and Support Group, how much you receive will depend on whether you're claiming Contributions based or Income related. Contributions based is £110.75 per week and Income related is £127.15 per week. It's back dated to the 14th week of your claim. This is because assessment rate is paid for the first 13 weeks.

    DWP have the same chance we do to appeal the decision. To do this they must first request the statement of reasons from HMCTS and they have 1 month from the date of the decision to request this. Once they receive it they must find an error in law in making the decision, if they don't find this then they can't appeal the decision. If they do decide to request the SOR then they'll contact you by letter.

    backdated money can take 8 weeks and you must continue to send the fit notes until you hear from DWP.
    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.
  • nanda81nanda81 Member Posts: 12 Listener
    Thank you so much for all that information poppy...m :) i realpy appreciate it :) xx
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome :)
    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.
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