Confused about ESA

Zoemcq

I was out into wrag at first and then I put in a MR which was declined. I have sent the court form off for tribunal but in January this year I got a e50 form and was put in support without another assessment. I phoned DWP and I didn't get an explanation. As I have been put in the support group is there any point in going to tribunal ?.

CockneyRebel

Hi @Zoemcq and welcome

When were you put into WRAG ?

Is your ESA CB only or do you have an IR element ?

Do you claim PIP ?

Zoemcq

I was on cont based for a year and been on income based for just less than a year. Yes I get PIP standard daily.

steve51

Hi @Zoemcq

Good Morning & Welcome ??

We have got some info on “ESA”

Here’s a link below for you.

https://www.scope.org.uk/advice-and-support/employment-and-support-allowance

Please let me know if you need a hand ? going through the info above????

@steve51

Zoemcq

Hi thanks for the info. I already know all that though so unfortunately this does not help with my query.

steve51

Hi @Zoemcq

I’m “very very sorry” to hear that the info was no good!!!

I can forward your post onto one of our “Benefit Advisors” 

Can you please let me know if this would be better for you???

@steve51

Chloe_Alumni

Welcome to the community @Zoemcq
I'll more your question into the ESA section of the forum and I hope you get some answers soon.

Zoemcq

Thanks Chloe. Thanks Steve. I am grateful for the posts, however I jus don't know whether or not to goto tribunal or not ?. 

Chloe_Alumni

Hi @Zoemcq, I understand this is a hard decision to make, especially because of the time and stress. This is completely up to you but the community will support you with whatever decision you make.

Zoemcq

I don't think I've got anything to lose ? 

CockneyRebel

I am not sure if this is straight forward ( morphine has got my brain atm )

You probably should get trained advice from an agency near you.

@poppy123456 what are your thoughts please

poppy123456

Hi,

How long was the time between the first decision and the 2nd decision please? Also when did you first claim ESA?

Zoemcq

Tribunal services told me that it's from 23rd June 2018. The second decision was in Jan/Feb this year.  I can't remember when it was maybe about 18 months ago. Sorry I'm not much help can't get to my paperwork.

Zoemcq

Yes I might go see the advisor who helped me fill in the court form for tribunal 

poppy123456

That means that there's a 7-8 month difference in the decision dates. Also if you claimed after April 2017 then WRAG will only pay you £73 per week.

My opinion is, yes most definitely worth take it to Tribunal. Whatever decision the Tribunal make, it won't make any difference to the decision you recently had. The only advantage to you would be if the Tribunal awarded you limited capability for work related activity (Support Group) then you'll receive backdated money from the date the decision was made.

If i were you, i'd continue. Good luck.

Zoemcq

Thanks I'm just feeling a bit anxious about it all. The tribunal place said I'm on week 43 and they do them between 48-59 weeks give or take. 

Zoemcq

I didn't think they would give 7/8 months of back pay. 

CockneyRebel

Zoemcq said:

I didn't think they would give 7/8 months of back pay. 

They can if you are placed LCWRA group so nothing to lose

@poppy123456 thanks you I thought ther might be something possible but the spiders in my head are fuzzing things up

poppy123456

CR is correct, if the decision by the Tribunal is LCWRA then they will owe you backdated money.

No problem @CockneyRebel always happy to help! Give those spiders a flick