Employment and Support Allowance (ESA)
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Just had my Tribunal

Hi all,
  I have been on ESA since 2016, in the WRAG. At my most recent medical assessment (in August 2018) I was found fit for work. I asked for a mandatory reconsideration (which was unsuccessful) and eventually got a date for a tribunal hearing. I attended my tribunal yesterday, where it was decided that I should be placed into the 'support group' and my ESA should be reinstated. 
  During my fight to have my ESA reinstated (from August 2018 until today) I was not able to leave the house to get 'fit notes', and as a result I also have not received the assessment rate during my time off ESA. I have not claimed anything since my ESA was stopped in August last year.

  • Have I lost all of that money from Aug 2018 to present, or will I get some/all of it back dated?
  • I believe it can take 4-6 weeks for any back pay to be organised, is this correct?
  Thank you in advance for anyone who can give me any answers to the above.

Replies

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

    That's great news.

    Not sending in fit notes will not make any difference at all right now because the Tribunal placed you into the Support Group.
    Sending in those fit notes only apply if you want to continue to receive the assessment rate while waiting for the Tribunal.

    As you've now be placed in the Support Group, where you should have been placed when a decision was made, you'll receive all the back dated money they owe you from the day it stopped.

    It can actually take up to 8 weeks to receive the backdated money owed and for your Support Group award to be put into place. DWP will eventually contact you.
    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.
  • debbiedo49debbiedo49 Member Posts: 2,906 Disability Gamechanger
    Great news! 
    💜🏴󠁧󠁢󠁳󠁣󠁴󠁿
    I am a fibro warrior !💜♏️
  • OnetoofreeOnetoofree Member Posts: 11 Connected
    Thank you for your quick response Poppy, and for the advice. I was so relieved when I it was all over, and then new questions started to appear  :s I have been helped so much both financially and mentally by my family, and it is a great relief to know that I will be in a position to pay them back in some way soon. 8 weeks will be no problem at all after the battle scars I've received from the 10 months wait. I really can't thank you enough, and I wish you a lovely evening  :)

  • OnetoofreeOnetoofree Member Posts: 11 Connected
    Thank you Debbie  :)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    You're welcome! Hopefully they won't be too long paying you what they owe you and putting your support group award into payment.

    Glad to hear you have your family to support you too!
    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.
  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,925

    Scope community team

    Hello @Onetoofree and a warm welcome to the community. :)

    It's great to hear about your tribunal result, I'm very pleased for you!
    Senior Community Partner
    Scope

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  • zakbloodzakblood Member Posts: 419 Pioneering
    so glad you got some good news, fingers crossed it won't be much longer, and yes also know how stressful it is, so hope that hasn't taken a larger toll on you and your family and friends etc, welcome to the forum and thanks for sharing
  • OnetoofreeOnetoofree Member Posts: 11 Connected
    Thank you Adrian, and zakblood. I have been a passive reader (visitor) of the community forums here since August. It has really helped me during my appeal and (more importantly) a place to read about others in similar situations. It really does help to know you are not alone. I will continue in the community, and hopefully help others (if I can) who are going through the re-assessment process.

      For anyone reading this in the Merseyside area, and waiting for an ESA tribunal date. I waited 7 months for my tribunal date to come through (as a guide of current waiting times). 

    A big thank you again, to the whole Scope community  :)
  • zakbloodzakblood Member Posts: 419 Pioneering
    thanks for the update, and yes agree, while most think your on your own, here at least you understand your not, and that does help
  • katiesymonkatiesymon Member Posts: 59 Connected
    What is it like ? I have mine today and expecting to be scathed by DWP
  • zakbloodzakblood Member Posts: 419 Pioneering
    the DWP rarely attend tribunals, so good luck and don't worry, they are on your side, fingers crossed it all goes well for you and i really mean it, i know first hand how much stress it gives, so good luck
  • katiesymonkatiesymon Member Posts: 59 Connected
    How strange. I expect they will turn up at mine as they have been difficult and mean or do I just think that as it is a stressful process 

  • OnetoofreeOnetoofree Member Posts: 11 Connected
    Hi @katiesymon
     I had a very difficult time with the DWP, although I did not see them on the day. I had a 'judge' (or legal professional) and a GP to decide my Tribunal. They were both very patient, with no tricky questions. Just fair and to the point, and my answers where just a description of my difficulties. 
     I did get the impression that the 'judge' was not happy at the way the DWP had worded some of my assessment (with misleading information). They were all very nice, and understanding that this was a very difficult day for me.

    I wish you luck with your Tribunal, and look forward to hearing your result. :-)
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Sometimes there's a DWP representative, sometimes not. If there is then they don't always speak.
    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.
  • zakbloodzakblood Member Posts: 419 Pioneering
    if i go, as not made my mind up, i hope the DWP are there for me, as the stress shouldn't just be on us, it needs to be explained how worse off this make us, not the loss of money, that's not the point, loss of sleep, lack of help and support and the extra stress is causes not just those named on the forms, but the partners, the family and friends who support and care for there loved one in pain
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Unfortunately, they won't take into consideration any worsening of condition. They will only take into consideration how you were at the time the decision was made.
    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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