DWP Appeal - nightmare

poppy123456

Really? ...If i hadn't of told you that the form needed to be returned within the time frame and you hadn't returned it, you would have been found fit for work because of that. You would have come back here asking why i didn't give you that advice. I spent hours of my time advising you............ I will not comment any further on your thread but i'll wish you good luck.

Adrian_Scope

I hope neither of you mind me jumping in here, but I can see the confusion and wondered if I may be able to clear it up a little. It comes down to the terminology you’re using and the different uses for it in the benefit system.

@poppy123456 is right that transitional protection hasn’t yet started, this is ONLY for those who are forced to move to UC and will begin with Harrogate next month. Applying because of a change of circumstances etc doesn’t offer the same protection. 

However, @katiesymon you (and CAB) were fighting to have your WRAG payment status protected. If you had failed the ESA appeal (even if UC eventually put you in the same group) you would lose the additional monthly money as it would mean your claim for WRAG/LCW began after the 2017 cut-off. By having it awarded at tribunal it will be viewed as a continuation so you’ll continue to receive the additional money while in this group under UC.

The backdating gets complicated because your WRAG group should transition over to LCW, so you should receive backdated money from ESA for the period before you applied for UC and your LCW should be transitioned onto UC so you’d also receive backdated money from them. However, as they’ve started a fresh application for you it gets complicated as to whether or not UC will backdate as well. 

CAB may be able to answer this for you, but I have also asked our expert here at Scope and will let you know as soon as I hear back.
As an aside, it’s important to remember tone isn’t always conveyed correctly over the Internet. 
I hope that helps, and congratulations on your success at tribunal yesterday.

katiesymon

That would be appreciated Adrian. - what comes to mind from that then is am I not better not to do a new LC Our area has been a fully-serviced area for close to 2 years all of my reporting is online with the journal.. One of the tricks I noticed when speaking with the original decision team who declined my MC is that she said start a new claim for your illness as I was going to appeal was going to appeal. The job centre ignored the fit-notes so I met  commitment's per the journal system - but the WRAG group I was sent to, cancelled that commitment and said I was too ill to place in work, rang DWP is send out the forms. I went into JC and the coach strangely said you are not on UC for unemployed person - could I be on LC already to have been sent to WRAG in the first place and have not realised ? I have a print out of income and the style of UC is not described. Our area is fully serviced - Northern UK.

katiesymon

I understand tone, I am in very challenging pain, generally a by-product of leaving the house. I'm awaiting surgery Today was the first time to relax and realise CAB had a win.In that respect I am an in-between (undiagnosed with failing organs) usual criteria.That alone has been difficult. My days are not normal at all but alone I walk to the GP and struggle off to hospitals - right now I await colon surgery.