ESA tribunal update — Scope | Disability forum

ESA tribunal update

oneleggedpirate
oneleggedpirate Member Posts: 8 Listener
in Employment and Support Allowance (ESA)
After a year of hardship and no money, had my tribunal today which came out in my favour, the DWP representative did not look happy to be honest..but the judges and the dr were very sympathetic to my claim and my problems was finally put into the support group and got the message that my claim will not be looked at for 24 months..now i am convinced that they will not send me any backpay based upon the DWP refusal to switch me to the support group in the first place so the next few weeks will be interesting
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  • poppy123456
    poppy123456 Member Posts: 29,752 Disability Gamechanger
    Hi,

    Great news. You will receive any backdated money owed but this can take 8 weeks. DWP have 1 month to request the statement of reasons, then they must find an error in law before they can appeal.
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  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,622 Pioneering
    Hi @oneleggedpirate That is good news that your tribunal was successful.  Unless the DWP make a formal challenge to the tribunal decision the DWP will have to pay you any arrears due as a result of the decision. If the DWP wish to challenge it, they must start the process within 1 month of the decision being issued.  Firstly they have to ask for a Statement of Reasons which is a detailed decision.  Then they have to identify an error of law, they cannot challenge the decision just because they disagree with it.  The DWP do not often challenge tribunal decisions.   So all being well, you will get your money, although this can still sometimes take up to 6 weeks.  All the best, Sarah
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
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  • oneleggedpirate
    oneleggedpirate Member Posts: 8 Listener
    the interesting fact about it is the DWP lady attending only asked me one question during the whole process it also accurred to me that the outcome was already pre detirmined

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  • lesliealan
    lesliealan Member Posts: 11 Listener
    Hi I had my EEAS stop 16th Dec 2018 £127.30 pw. call for mandatory reconsideration by phone to get back the 15+ poins needed, 45 min later got that oveternd 2nd Jan 2019 was put back on EEAS from 17th Dec 2018 at £110.75 pw  Was toled that as I had started a clam for UC and finish and started a new EESA clam I could not get the suport + payment of £16.40 pw back I had before all this pain. ( saving some one £800+ p y ) Have look at/ ask about UC + LCWRA as I was in support group sould have good chance with all doors DWP will put in place. Was UC said that I needed 2 things  one :- Have a UC  clam open and close the EESA claim.  Have informed UC that yes please if it could be back dated to the day of opening the UC clam on 17th Dec 2018.
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  • poppy123456
    poppy123456 Member Posts: 29,752 Disability Gamechanger
    HI,

    If you claimed UC then you won't be able to go back onto ESA. The premiums aren't paid on UC i'm afraid. However, if they've given you LCWRA then this actually pays slightly more per month then ESA Support Group does.
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