Employment and Support Allowance (ESA)
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Work assessment appeal won

It has taken a year to get my work work capability assessment over turned by the tribunal after my Esa was stopped last year 
what happens now ?

My mandatory reconsideration was not on the system for at least 6 months either that I only found out about by chance 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    Great news. Which group were you placed into and when did you start your claim? It can take 8 weeks to pay any backdated money owed.
    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.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    I was orrigionaly on Esa and had to go for a new assessment in April last year 

    linited capability for work related activity 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Did you claim UC after being found fit for work for ESA?

    If so did you have another work capability assessment when you claimed UC?
    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.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    Yes I claimed UC in June last year as my Esa payments stopped 

    yes I did have another assessment and that found me fit for work too

    again a mandotary reconsideration went in 

    I got a decision for both mandatory decisions together on the same day and that’s when I applied for tribunal on the first assessment that stoped my Esa 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As you were found fit for work on the UC work capability assessment then you will only receive backdated money up until that decision was made. As the Tribunal was for the ESA decision then you won't be able to go back onto ESA.

    You have been found fit for work for UC so now you have to request a Tribunal for that decision. If you haven't done that then you need to because the 2nd decision overrules the ESA Tribunal decision and you won't be placed into that group for UC. I'd advise you to send the Tribunal decision letter from this Tribunal for your UC one. Hope this makes sense. 
    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.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    What a mess I didn’t apply for tribunal for the uc decision 
    I’m now out of time so I hope they will accept it.

    I have also been asked twice lately if I am claiming PIP by the judge who seemed suppressed I wasn’t and at Richmond fellowship 

    is it worth applying for 
  • NowheretorunNowheretorun Member Posts: 14 Listener
    What a mess I didn’t apply for tribunal for the uc decision 
    I’m now out of time so I hope they will accept it.

    I have also been asked twice lately if I am claiming PIP by the judge who seemed suppressed I wasn’t and at Richmond fellowship 

    is it worth applying for 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    With good reason you have 13 months to request the Tribunal. My advice is to get some face to face advice from an agency near you.

    PIP isn't about a diagnosis, it's how those conditions affect your ability to carry out daily activity based on the PIP descriptors. No one on an internet forum can tell you whether you would qualify. This link will help you have more knowledge of what PIP is all about and what the descriptors mean.

    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.
  • NowheretorunNowheretorun Member Posts: 14 Listener
    Ok thank you 
  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Congratulations on winning your claim @Nowheretorun. If you do decide to claim PIP then I hope it goes well for you. Like Poppy has said, getting face to face advice is always the best if you can. Please do let us know if there is anything else we can do to help :)
    Scope

  • NowheretorunNowheretorun Member Posts: 14 Listener
    Thank you I will do 

    Battling my Demonds for getting ready and out of the door 
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