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DWP Appeal - nightmare

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  • katiesymon
    katiesymon Community member Posts: 59 Connected
    I'm sure CAB said the element was what they recommended should be protected. They are aware of the new form for LC. What a god awful mess this whole thing is. 
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    You can't ever go back onto ESA because you claimed UC. As you've now been sent another work capability assessment form, any decision made on the will overrule the decision the Tribunal made today.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    Yes, I think CAB might have intimated if we had a problem with it we could end up back at Tribunal. Id say that is what they meant. Now you have me thinking as isn't the UC £73 a week ? (its just the commitments, you are suggesting that make the difference ?) Hmmm …. systems, systems.... I'm sure you are correct. I wonder what CAB are talking about the £29 per week. I better research it. At the end of the day I'm heading to surgery and by hook or by crook there is no changing that, whether I stagger into WRAG, faint at an employers, or whatever occurs, My primary goal has to be my health. Tribunal write, 'if she is found capable of work this would result in substantial risk in her health' and to be quite frank - there would be no doubt of that.  
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    As your ESA claim started before April 2017 then you will receive some backdated money, how much you'll receive and for how long i don't know, sorry.

    Your ESA decision at the Tribunal today was for your ESA claim and you're now claiming UC.

    Yes DWP should honour than decision for UC as well BUT you've now received a work capability assessment form which must be filled in and returned no later than the date stated on the letter. If they don't receive that form by that date then you will be found fit for work.

    It doesn't matter what the Tribunal have awarded you today because any new decision made for your UC work capability assessment will overrule the Tribunal decision.

    You really must return the work capability assessment form and that's really what you should concentrate on next. Yes, it's a never ending process sadly.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    You sound informed so Ill send the form off and ring them tomorrow to check lateness and just see what transpires. By the time all that occurs I should have treatment decisions. That WRAG don't want me back and the Job Centre locally are not too keen either. This is not good news at all.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    found it Poppy123456  

    What is happening to the Work-Related Activity Component?

    In Summer Budget 2015, it was announced that the Work-Related Activity Component paid to those in the WRAG would be abolished for new claims from April 2017. The equivalent element in Universal Credit will also be abolished. This will involve a reduction of £29.05 a week (2017-18 rates) and aligns the rate of payment with those claiming Jobseeker’s Allowance (£73.10 a week). Existing claimants will not be affected, while there will be protections for those who may move into the WRAG or Universal Credit equivalent from the Support Group.

    https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7649

  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    found it Poppy123456  

    What is happening to the Work-Related Activity Component?

    In Summer Budget 2015, it was announced that the Work-Related Activity Component paid to those in the WRAG would be abolished for new claims from April 2017. The equivalent element in Universal Credit will also be abolished. This will involve a reduction of £29.05 a week (2017-18 rates) and aligns the rate of payment with those claiming Jobseeker’s Allowance (£73.10 a week). Existing claimants will not be affected, while there will be protections for those who may move into the WRAG or Universal Credit equivalent from the Support Group.

    https://researchbriefings.parliament.uk/ResearchBriefing/Summary/CBP-7649

    That doesn't apply to you for your ESA decision today because your ESA claim started before April 2017. This is only for new claims starting after April 2017.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    The Government have said that if you are receiving more money from your existing benefits than you would do under Universal Credit you will receive ‘transitional protection’ which is a payment that will mean that you won’t be worse off. That might affect you if you are receiving the ‘Severe Disability Premium’ or if you receive the ‘Work Related Activity Component’ on your ESA claim.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    Unfortunately, the transitional support protection hasn't started yet and doesn't expect to be started until sometime next year.

    Please concentrate on your work capability assessment for for UC for now.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    It is transitional protection for those with ESA prior to 2017. For new claims after April 2017 the £29 will be abolished Poppy, in line with UC. My ESA was cancelled due to a decision by the Secretary of State, I did the Mandatory Consideration then the Appeal. 'The cancellation decision of the Secretary of State is set aside'. I transitioned from the Support Group....'there will be protections for those who may move into the WRAG or Universal Credit equivalent from the Support Group' UK Parliament House of Commons.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    So we were not concerned with backdated monies today at all, we were looking for the appeal to re-constitute the transitional protected amount of £29.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    You're appeal today was because you were found fit for work for ESA which is why you claimed UC. The transitional support protection hasn't started yet because managed migration for UC doesn't start until at least next year.

    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    edited June 2019
    Sorry Poppy I see the confusion here and look any conversation is good - conversation is (provides information) I'm not from your region. I live in a fully immersed, full digital service area is sometimes called a “full service area” or a “digital service area”. Sorry I can see the confusion here. We have been fully serviced area for some time - I hope I can stay on SCOPE
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    The £29 your talking about is the extra money paid to those in the WRAG that started their claims before April 2017, it's not the transitional support protection. I did previously advise that you will be backdated that money but how much and for how long it will be paid for, i'm unsure.

    When you return the work capability assessment form for UC then please make sure you send evidence to support your claim. You should also receive a Tribunal decision letter in the post very soon, i'd advise you to send a copy of that with your form as it could help your work capability assessment. Good luck with the assessment and i hope a decision goes in your favour without the need for a fight this time.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    For example if I moved house last year prior to the assessment I failed, I would have automatically have been changed to UC
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    We are only allowed use the digital service to talk with the work coach and to ask questions or record and respond to Tasks.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    Sorry Poppy I see the confusion here and look any conversation is good - conversation is (provides information) I'm not from your region. I live in a fully immersed, full digital service area is sometimes called a “full service area” or a “digital service area”. Sorry I can see the confusion here. We have been fully serviced area for some time - I hope I can stay on SCOPE
    No problem. All areas are now a full Universal credit area and have been since December 2018. The confusion is because you claimed UC after you were found fit for work for the ESA claim.

    Of course you're welcome to stay. As a community champion here on scope we always welcome everyone!


    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    edited June 2019
    CAB are exceptional in this field. You sound as if you do this for work as well, maybe you work for Scope. CAB didn't speak for me today, I spoke for myself. I did not expect my appeal to be allowed. I don't think in the future we expect DWP simply to say here is £29, per week, that is a political topic and personally I am not one for debating on the principle of it (nor any topic for that matter). Some groups do believe in it's validity and they take it seriously, Those groups campaign, lobby  government and press forward accordingly. They take the peoples needs in community and run with it, beyond expectation and when I am allowed my appeal, they have some small reward for having thought of me when they went home after work, or after piling through all of my personal records and emotional statements of nonsense. The House of Commons believed in the need for this component of £29 and the best, the rule of law could provide for, in this changing welfare policy was that 'limited protection' for it. I am sure if unscrupulous enough, DWP should by nature, give me a hard time again, and they can challenge the HMC Tribunal as well if they like. They got me rattled  last time - They won't be as effective as they were, next time, in taking my confidence. I am a statistic, nothing more. - and after discussion with you and the further shock of your advice, I would not allow it to become as consuming as it did, so you are right, it is quite likely to become a challenged application. I hadn't thought of it as becoming controversial again - in fact I wasn't going to fill in the LC as this process was difficult - I was naïve, and unprepared for it. So I will fill it in, I'll follow the process that WRAG and the Job Centre wanted me to follow as neither see me fit for work, and if £29 is a part of that I will ask for it because I was not the only person attending that process today. Backdated monies barely come into the equation, nor payment due dates that you keep reiterating on. That would be the far from my priority, apart from the measure of what that money represents. A total of £58. The £29 would be less than the difference between what I was entitled to prior to the assessment decision and todays overturning of that decision. It is only representative of the frequent emergency room visits I couldn't afford that generally a jobseeker does not have to think of. It probably represents 100 different people with many stories to CAB. Groceries you fail to buy because money is spent on Regent Strips, BP Monitors or exasperated phone calls. I know you have to be pragmatic and speak to me this way accordingly - but take it easy, we already have very firm purveyors of bad news. As much as you would wish me luck (thank you for that) and set the record straight - not that way and not today. I shall definitely take all of that information on-board when DWP respond and ask me in for another Health Assessment.
  • poppy123456
    poppy123456 Community member Posts: 53,338 Disability Gamechanger
    No, i don't work because i have a disability. I don't work for scope either i am a community champion here on scope, which means a volunteer.

    My knowledge is purely based on my own experience and all my research in trying to understand the benefit system.

    Good luck with the work capability assessment and please do make sure the form is returned on time.
    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.
  • katiesymon
    katiesymon Community member Posts: 59 Connected
    Ok well maybe a lighter on the bad news and less emphatic in your delivery of it. I am relieved to have that one day, over and quite frankly in our area we have the grace of 7 days lateness for an LC Form,  I don't want your bad news today. You gave me a fright.   - and then luck -. these men and women train very hard at what they do, they don't do it to lose and they are very humble . So I'll pass.

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