Forced to claim UC But won ESA Tribunal Appeal - Page 2 — Scope | Disability forum
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Forced to claim UC But won ESA Tribunal Appeal

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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
    edited July 2018
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     If only my ESA  medical assessment was 2 weeks later. I'd have maybe avoided all this hassle. Thank you everyone for your help. 
    What makes you say that? You were still incorrectly advised. You should have made sure that advice you were given by the DWP was correct at the time. After all, it was the DWP who advised you.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
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    The user and all related content has been deleted.
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  • [Deleted User]
    [Deleted User] Posts: 26 Connected
    edited July 2018
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  • poppy123456
    poppy123456 Community member Posts: 53,978 Disability Gamechanger
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    Qualifying for SDP at that time even if it was 2 weeks later wouldn't have made any difference. The announcement was only made last month and as i stated nothing else has been announced yet as to what will happen. You were still found fit for work so your ESA stopped.

    I don't understand if you had doubts why you went ahead and claimed UC before getting further advice from either your local CAB or the likes. Never trust DWP to advise with anything!

    As for the group you've been placed into for UC then you should ring UC and ask for a callback. You should then explain to the person who rings you back about your ESA Tribunal that you were placed into the Support Group and not WRAG and you've been placed into LCW for UC. Maybe also send them a copy of the decision notice from the Tribunal too. UC should place you into the LCWRA group until you're re-assessed by UC. Providing you were definitely placed into the Support Group by the Tribunal of course. I've know claimants get that part wrong before.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Ripples
    Ripples Community member Posts: 189 Pioneering
    edited July 2018
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    @Thistle  Unfortunately  person x at the DWP  may have advised you to go on to UC and person Y may have said you will be put into the support group but it would be problematical proving these things  unless it is recorded somewhere  or you have other evidence such as a letter. 
    No one can say you were incorrectly advised based on hearsay ( this isn't to say your understanding or relation of the calls are wrong). Speaking to someone at the DWP is sometimes a lottery, there are some very knowledgeable people and there are some who have a limited knowledge although in both cases they will have a team leader on their back trying to get them to wind a call up.
     DWP would have placed you in a certain group or category based on the appeal report which will be on record and would be unlikely to change a decision to put you in the LCWRA  to LCW  although if they did so they would have to challenge the  appeal decision within 28 days laying out the reasons for doing so.
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    [Deleted User] Posts: 26 Connected
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  • Ripples
    Ripples Community member Posts: 189 Pioneering
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    @Thistle I believe that you can put the post as answered or just leave it . Good luck
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  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,793 Disability Gamechanger
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    Hi @Thistle, in general there's no need to close a post after your query has been answered (others may like to join in at a later date), but I've closed this one for you!
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