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Mark50
Mark50 Member Posts: 12 Listener
Can someone explain this for me my partner had a esa assessment which thanks to the so called doctor she was given 0P0INTS they closed her esa straight away that forced her onto uc she took them to a tribunal and won and was put back into the support group but they told her she can't go back on esa so what's the point off going back into the support group what happens now ?

Comments

  • debsidoo
    debsidoo Member Posts: 325 Pioneering
    Hi @Mark50
    unfortunately once you claim U.C.there is no way to go back onto ESA.
    @poppy123456 knows more about this and should be able to advise you if you are entitled to any premiums.
          Debsidoo.x

  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    Hi,

    DWP should honour that decision and place in her the relevant group for UC which is limited capability for work related activity, providing she hasn't hasn't had another work capability assessment for UC. If another WCA has taken place on UC then that decision will overrule the Tribunal decision.
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Good morning @Mark50 and welcome to the community. I'm glad to read your wife won her tribunal for ESA. 

    I hope @poppy123456 has been able to fully answer your query but if you have any questions, please don't hesitate to ask. 
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  • Mark50
    Mark50 Member Posts: 12 Listener
    Thank you still this has left her over £300 a month worse off they have put her in the right group and said they will not do another assessment till 2021 but what's the point off winning a appeal and ending up worse off 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    It's really important that you answer this question. Has another work capability assessment been done since she claimed Universal credit?
  • Mark50
    Mark50 Member Posts: 12 Listener
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    They are definitely wrong if she claimed UC within 1 month of being found fit for work for ESA. She needs to contact a case manager from UC and ask them to send ESA a MPG1 form to request the information from ESA. Once this is done she'll be given LCWRA and receive the extra £336 backdated to the date she was found fit for work.

    Do bare in mind that after a Tribunal win then it can take 8 weeks to pay any backdated money and to put the award into payment.

    Also the time frame she was given from the Tribunal is just a guide. They can re-assess her anytime from 3 months. If she receives another WCA form then it will have to be filled in and returned.
  • Mark50
    Mark50 Member Posts: 12 Listener
    Thank you for that information ?
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Hi @Mark50, I hope they manage to sort this out quickly for you and your wife and that the correct elements are added to her UC claim. Please let us know how you get on. :)
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  • Mark50
    Mark50 Member Posts: 12 Listener
    Poppy123456 they have put her in a wpg yet she has a heart condition copd going blind in one eye high blood pressure n they still say they are right 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    Sorry but what's a wpg?
  • Mark50
    Mark50 Member Posts: 12 Listener
    Work preparation group which means she has to attend job centre to have meetings with them to see what's she's doing to find work 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    edited July 2019
    When was the Tribunal decision made? It can take 6-8 weeks for that decision to be put into place.
  • Mark50
    Mark50 Member Posts: 12 Listener
    She won that on June 11 uc have said they have put that in her uc n put her in the work preparation group but as she has a lifetime condition is this wrong 
  • poppy123456
    poppy123456 Member Posts: 28,475 Disability Gamechanger
    You need to check that the Tribunal decision was support group which is limited capability for work related activity (LCWRA) and not just limited capability for work (LCW) if it was just limited capability for work then she's in the correct group.
  • Adrian_Scope
    Adrian_Scope Posts: 8,572

    Scope community team

    Hi @Mark50, to echo Poppy, you need to double check that she was placed in the Support Group that the tribunal for ESA. If so, she has been improperly allocated as LCW on Universal Credit. Do you have the award letter from the tribunal?
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