Esa tribunal and UC query

cathyd158 · December 2018

Hello everyone...just after advice on ESA Tribunal and UC. I failed ESA WCA in dec 17 and i had my tribunal on monday....which i passed and was given 15points. My query is I had to claim UC after ESA was stopped. During the year i had to attend another WCA for UC and scored zero points. I started the appeal process for this assessment. My question is does passing the ESA tribunal mean i wont have to go through with the UC Tribunal? Thanks

poppy123456 · December 2018

Hi,

No unfortunately it doesn't because the UC decision overrules the ESA decision. You also say you were given 15 points, do you mean you were placed into the WRAG for the ESA decison because points mean WRAG, not Support Group.

If it was WRAG and your ESA claim started after April 2017 then there won't be any backdated money.

Benistmonk · January 2019

I am in a similar situation, failed WCA so asked for MR, got the MR and sent off my appeal, still no money to live on but ESA will be paid eventually at reduced rate, minus the component rate, which was scrapped in Apr 2017 for new claims anyway but I will still get it because I was receiving ESA before Apr 2017.

The DWP told me to start a new claim for UC. I didn't fall for that trick, I knew once you make a new claim, your old claim is closed. The way it stands now, I will get my ESA paid at reduced rate until tribunal, which will be backdated. And if or when I win again, they will also have to pay me the component rate backdated.

I would lose the lot if I claimed UC and my appeal would be pointless. Anyone who is currently receiving ESA, especially before Apr 2017 watch out for that one.

poppy123456 · January 2019

Benistmonk said:

I am in a similar situation, failed WCA so asked for MR, got the MR and sent off my appeal, still no money to live on but ESA will be paid eventually at reduced rate, minus the component rate, which was scrapped in Apr 2017 for new claims anyway but I will still get it because I was receiving ESA before Apr 2017.

The DWP told me to start a new claim for UC. I didn't fall for that trick, I knew once you make a new claim, your old claim is closed. The way it stands now, I will get my ESA paid at reduced rate until tribunal, which will be backdated. And if or when I win again, they will also have to pay me the component rate backdated.

I would lose the lot if I claimed UC and my appeal would be pointless. Anyone who is currently receiving ESA, especially before Apr 2017 watch out for that one.

Once the Tribunal accept your appeal you'll be able to go back onto assessment rate for ESA, which is £73.10 per week. Regardless of when your ESA claim started. You will of course need sick notes to be able to go back onto assessment rate and these will need to be dated from when you were found fit for work if you want money back dated to this date.

The component rate you're talking about is for those placed into the WRAG if their ESA claim started before April 2017. It's not for those waiting for their appeal.

The disability premiums on ESA are payable on assessment rate (Enhanced disability premium and severe disability premium) but these have eligibility criteria to them and you need a certain PIP or DLA award to be able to claim them.

Benistmonk · January 2019

Hi Poppy,

Correct, or as they are now called Statement of Fitness for Work notes. I was pleasantly surprised to find my GP was up to speed on this modern day Dickensian benefit system and informs me she will supply all the Fit notes when I need them, all I have to do is phone up, then collect same or next day.

I am not sure about the component rate, as I was already getting the CR, will I still get it if I am put in WRAG again?

worried33 · January 2019

If I understand you right, if you win the appeal you should get the component rate backdated to the FFW decision date. But if they uphold the FFW decision then they are gone.

poppy123456 · January 2019

If you're placed into the WRAG then because your claim started before April 2017 then you'll be paid at the old rate, which is £102 per week approximately. If the Tribunal don't change the decision then your ESA will stop.

michfinch · January 2019

Hi Poppy I think I’ve been in touch before... Epilepsy = memory loss. Briefly my Dr supplies Fit Notes which I send in each month, Epilepsy, Memory Loss and Depression. I take medication for Epilepsy and Depression (both have been increased because of the increase in my Epilepsy frequency and worsening depression) and Asthma. My Dr wrote a Letter for my first ESA Tribunal and my Psychologist the Dr appointed has written a letter for my Appeal.
Why does my Work Coach now insist on me going in to see him for my next Work Capability Assessment just prior to the Appeal.
I have stated I am not capable for work as advised in writing by both my Dr and now a Psychologist. Can they MAKE me attend? Tx

poppy123456 · January 2019

Hi,

The reason you need to attend, is because you don't yet have LCW. Not having this means that it's your work coaches discretion whether or not they turn off your work commitments. Some will reduce them, very few will turn them off completely. A fit/sick note doesn't automatically give you LCW.

You could get in touch with your work coach and tell them that because of your health you will find attending this appointment extremely difficult and see what they say. If they tell you that you must attend then you really have no option, if you don't you could be sanctioned. It's most likely a very short appointment but i totally understand all of your conditions because i have epilepsy myself, as well as other conditions.

Do you have a date yet for your hearing?

Esa tribunal and UC query

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