*Quick update* Phoned the Hastings jobcentre, because thats the one that dealt with my claim for most of the time (I moved in July and came off ESA in July). And seeing as the tribunal letter went to that previous address I assumed they sent the jobcentre copy to Hastings too. Hastings have nothing at all, they advised me to call Worthing (where my current address falls under). They couldn't access anything as my claim is closed and they sent an email to someone else and got them to call me back. They called back and were very helpful. They said that Hastings really should have heard by now so I should send a copy of my tribunal letter to Hastings and ask them to deal with it as quickly as possible. One worrying thing though - she said that the tribunals service may have decided not to contact the JCP as I am now off ESA? This was exacrly my concern, them assuming that because I'm off it that nothing needs to be done! However after she said that she asked how long I was on it for and when I told her it was since April 2009 she then changed her tune and said I should have some money owed to me. And she wished me good luck So I've photocopied my letter and enclosed a seperate letter explaining everything, I shall get it posted today. Really hope this is the last of the complications! *Touches wood*

What did your tribunal letter say? At first I thought mine did not state which group I am in, but the last paragraph states "The trbunal went on to consider Schedule 3 but concluded on the available evidence that its terms were not engaged". Schedule 3 is a list which applies to people in the Support group - by that I mean, if the person meets any of the items in that list, they are placed in the Support group, if they do not meet any of those items, they are placed in the Work-Related Activity Group. My appeal was held on 15th December, not heard anything/had any payment and I've just been on tbe phone to JCP asking what is going on. They advised me to send a copy of my letter to them and ask them to deal with it quickly. No idea why they haven't heard from the tribunals service though.

Thanks for your reply speedfreak I will call them at 9 tomorrow. I now have another concern. There may be some confusion with which jobcentre the tribunals service contacted. The tribunals service as I said used my old address which was in Surrey and our postcode came under the Hastings centre. Now our postcode comes under the Worthig one. So if the copy of the tribunals letter went to the Hastings centre...well they no longer deal with my claim. So I hope this doesn't mess things up! :O Fingers crossed for when I call them I'll call the Hastings centre first, see what they say and take it from there.

Hey again. Very important question - how long will it take for me to receive the money? And will I hear from the JobCentre confirming it? Also the date the tribunal was held was either 13th or15th December (I don't have the letter on me but it was around that time definitely) but it went to our old address, and there was a week where there was no redirection, so the lady who lives there sent it on to us but I didn't receive it until 20th January! So it's been 9 weeks since they allowed the appeal. I obviously know how slow the JobCentre can be . But I'm so anxious! Should I phone them? Part of me doesn't want to incase they turn around and tell me down the phone I won't get the money. But I feel if I don't phone then they might forget about it or be slow! Oh and the JobCentre do have our new address (but we are still redirecting and haven't forgotten to renew it since!). Please can someone reply ASAP if they know anything, it will be a huge relief for me Thank you! EDIT: Just to add, I've realised (after reading all the jargon on the internet) that I was put in the work-related activity group, because it says they went on to consider Schedule 3 but I didn't meet the descriptors, or something along those lines. I did some research and found out Schedule 3 is for people in the Support Group, so as I don't meet those criteria, I am in the work-related group I assume.

Thanks for explaining that, I understand now Well in terms of the medical asessment being so late, would receiving the questionnaire late be a fault of theirs too? I don't remember when I received it and as I didn't think I would need any of it, threw out most of my ESA paperwork etc. I do know my claim started on 11th April, so the start of week 13 would be 4th July. Now July sticks out for me, whether thats the month I received the questionnaire or the deadline for sending it off, I can't remember. See I was on ESA before in November 09 - March 10, when I got a job. I filled in a questionnaire and had a medical booked for April, which I obviously got cancelled due to me working and coming off ESA. I left that job in April, so re-applied for ESA, on the phone they said it wasn't a rapid reclaim but something similar. So, when I received the questionnaire again, on that new claim, I thought seeing as I was only off ESA for a month and it was a quick re-claim type thing, that I wouldnt need to fill out another one. Eventually I phoned and checked and was told I had to, and by that time it was getting near the deadline. I think I sent it off just on time but seeing as these things take days to reach them, it was probably late being received, so I did write an apology and explained why it was late. So that is obviously my fault. Does anyone know the number of weeks you have to fill in the questionnaires? Because then I would be able to work out if I received it within the 13 weeks or not. If I received it late, even though I faulted by sending it off late, would they also be to blame for sending it late too? To be honest, even though I would rather it be backdated to week 14, if it's going to be hassle then I'm happy with it being backdated from the medical assessment date, as I'm busy at full-time college etc, and I don't really have any way of proving/finding out if it was their fault that it was all done so late. But for now I guess I just wait

Thanks for your reply, speedfreak I'm a little confused though! Are you saying that I should get backdated pay from week 14 up until when I came off ESA? By backdated pay I mean the extra money from being placed in either the work-related or support group. I am not owed any basic rate ESA. And yes the letter is from the Tribunals service, it says Sutton Tribunals and stuff on it.

Hi! You may remember me, I posted about a year ago, about my ESA appeal etc, I have Asperger's and ADHD. In a nutshell, I went on ESA in April 09, medical in October 09, heard back in Feb 2010 saying I only scored 12 points, appealed with all my effort, heard back saying it was still no and it went to the tribunals service. Well in July, I got a job (and obviously by then I hadn't heard anything from tribunal people). 4 hours a week at a cattery, when it went full time in the summer I came off ESA and claimed Return To Work Credit. Then in September I went back to 4 hours a week but then started college, I claim ALG £30 per week. I'm sure when I contacted JobCentre Plus to come off ESA, that they said the tribunal etc will be cancelled, blah blah. Well today, I got a letter from the tribunal people in Sutton, informing me the appeal is allowed, that I clearly scored over 15 points. Presumably they read my information and based their decision purely on that, as I didn't have a hearing. It doesn't state if I should have been in the work-related or support group. It just says that I should have been entitled to ESA from 13th Feb 2010 (the date that the medical people decided I didn't score enough points etc). Well I'm not owed any basic rate ESA from that date, because when I recived the ATOS letter and phoned JCP, they said if I appeal my ESA will start again, and it did, until I came off it when I went full-time obviously. So my situation is...I heard back about the medical, appealed, lost, so appealed to tribunals service, got a job...then got told my appeal is allowed. So my main concern/question is... 1) Why does the appeal not state if I would've been in the work-related group or the support group 2) If they did decide which group (in my case probably the work-related group, which I believe is an extra £30 odd a week)...well, I would have been receiving that extra money from week 14 until the day I came off ESA, so presumably I will have that extra money backdated to me. But seeing as I am now off ESA will I receive that backdated pay? I mean, a decision has been made by the tribunal people that I did score more than 15 points, it's not my fault that the whole thing took so long and that I came across a perfect, suitable job (only a few hours and working with animals, so no customers to face etc, and animals are my specialist subject)! But on the other hand, they wouldn't need to decide which group to put me in, because I'm not on ESA anymore. I'm assuming a copy of the letter goes to JCP...so surely they'll read it and think "Ok fine but we don't need to worry about what group she would have been in because she's not on ESA anymore." Does that make sense? BUT then as my brother pointed out - if they do think like that, well it's like they're penalising me, when it's their own fault for taking so long/having useless medical staff do the assessments! Help??!

I've got the college interview tomorrow so I don't yet know if I'm on the course or not, but I want to be prepared. Had an appointment with Citizens Advice yesterday and I will have to come off ESA if I return to college. I don't know why someone at our local jobcentre told my mum I can stay on it, but the main number (the centre in Hastings) told me I will have to come off it. I still don't feel like I have an answer really, but I'm sure I will have to come off it as it is what I've read online as well. I have applied for some part-time jobs but it is a risk, if I don't settle in well I will have to leave, and then I'll have no income! I will only do Permitted Work though, if I do find something, as I'm still waiting for the tribunal hearing. I sent the form off for the tribunal in April and the paperwork that came with it said they try to deal with cases within 16 weeks or something? I hope so, the sooner it's out of the way the better, and from what I've read on here, and from what CAB told me, my chances of it being successful are high. And without sounding greedy for money, that backdated pay will be even more important for me, if I get on this college course!

Ok so my mum had her P60 in April, from JobcentrePlus because she was on ESA. I've been on ESA since Apirl last year, I left my job on the 10th so in the 09/10 tax year. I got my 08/09 P60 from them and a P45 when I left. I didn't know if they'd give me my 09/10 P60 so I double checked but obviously as I've been on ESA since then, I should get my P60 from Jobcentre, not my last employer. I haven't had my P60 yet and it's nearly July, I read that if I don't have one by 1st June to call my employer, so in my case, Jobcentre. Phoned them and they said it's happening to a lot of people. I may be returning to sixth-form college and I can hopefully get the Adult Learning Grant, but I need a P60 to prove my income. I can't seem to get through to anyone, HM Revenue told me to phone Jobcentre, I call them and all they tell me is its happening to lots of others. And they can't tell me if it's been sent or not, I just have to wait. I'm tempted to call back and point out that I desperately need it soon, but they are so f***ing useless, I'm wondering if there's any point bothering. I'm getting really stressed now!!

Thank you for that, although it's a bit confusing to me! Where it says about courses being funded by Learning and Skills Council for England. I have no idea if my course is, hopefully CAB will know when I speak to them tomorrow, if not the college definitely will so I'll find out at my interview next week. But if I win the tribunal, that is proof I have limited capability for work, therefore they can't say to me "If you need money to live off, you'll have to find work." can they? That defeats the whole point! I'm really worried, it's more my mum I am worried for than me. She has just started a job and will be better off financially for it, plus we are soon moving to a cheaper house, but she will still need money from me! And the council are always going on about how much I should be giving her because I'm over 18 blah blah blah, they don't seem to care that I can't give her the amount they expect me to, because I don't physically earn that amount! They tell her I should pay her about £200 a month. Well that would be all my benefit! I have wondered if it's worth me applying for DLA, as quite a few people with ASDs seem to, even people on the milder end of the spectrum. I might be elegible for the lowest care rate. Another thing to ask CAB tomorrow! But again it all comes down to embarrassment, but being 100% honest, no I often can't take care of myself, and a lot of the questions on the DLA application do apply to me. It's just embarrassing and a little upsetting to admit, and I don't really want the hassle of applying for that, after everything ESA have put me through! But at the moment, it looks like I may have to (which I know sounds wrong/bad), otherwise I won't have money to live off if I get onto this college course!

I've got an interview on 23rd June so I will ask then, and in the meantime I should hear from the advisors at the Jobcentre. But I just thought I'd ask on here in the meantime as I'm quite anxious! I phoned my CAB but they're not open today, I checked online and I can phone tomorrow from 11am so I will.

As some of you may know, I am currently on ESA and waiting for a tribunal hearing. Assuming I win that and I stay on ESA...what happens if I go back to college? I read that people in Income-related ESA have to come off it unless they also claim DLA (which I don't) and contribution-based people can stay on it. When my mum was at our jobcentre last week she explained the situation and they said there was no reason why I should have to come off it. I just phoned them and have been told I will have to come off it. There are disability advisors and she has passed my number on and they will give me a call soon, as they know more than she does. I'm 20, I've been on it since April 09. I went to college when I was 16 but left early, without any full level 3 qualifications. The course I may be doing will be full time. It starts this September. I know there is the Adult Learning Grant and possibly other help, but that only goes towards travel costs (and it'll be about £50 a week, it is quite far but it's my nearest college that does that Animal Management National Diploma, and I have decided it is definitely what I want to do as a career, so it's not my fault it will cost so much!). I use my ESA mainly on living costs. I give most of it to my mum towards rent and bills etc, I often pay for my own shopping to help her out (up until now she was also signed off and on ESA so we've both been struggling). And I have my mobile phone which I've got as low as possible (£10 per month). So I can't physically afford not to have ESA! How am I supposed to live? Unless I forget the college idea, but why should I? This will hopefully be the start of a career I have always wanted, I'm not missing out on the chance. Does anyone know any more about this? I'm really anxious (and angry) about the possibilty of losing money I pay towards living, just because I'm doing something good and going into education!

Thank you to everyone who has responded I think I will go to the doctors and see the one I have been seeing since my actual GP left. The one I see is not my new, assigned GP, but at our surgery you can get an appointment with anyone. Plus she is the one I always get medical certificates from (since I started ESA in April last year) and she is friendly and understanding. I'll probably get my mum to go with me, as she is very good at explaining things on my behalf so I shouldn't feel so nervous then. I don't mind if I have to pay a charge, I just want every chance of this tribunal being successful! I looked back on the questionnaire (got a copy of it sent back when they refused my appeal, amidst a big wad of paperwork rambling on about their decision) and I am so shocked at how little I mentioned about my Aspergers! I'm kicking myself but at the time, as I said, it didn't seem necessary to go into great detail as I assumed the diagnosis report I sent with it would answer the questions instead, and it was embarrassing etc. Another person who may be able to help me is a lady I see, in relation to the jobcentre. I'm not sure what to call her, like an advisor or whatever. She works for a group called ESRA, who help people on these benefits to get back into work at their own pace etc, and they're connected to the Jobcentre. Hopefully she'll be able to write something on my behalf too, but she said she's had so many people phoning up in tears because they've lost their first appeal, so she may have quite a few people to deal with! She advised me and mum to write a complaint to the DWP, firstly about the poor way the whole process works (and fails!) and also about how long it took to hear (4 months!). She's been advising everyone to do it, I hope they all do and that something gets done but I also can't help thinking we're going to be stuck with this rubbish system forever! I really hope not, hopefully the increasing awareness of mental health will have an effect, just wish it could happen right now!

Thanks for that, I have just completed it I hope they realise what a failure the system is to mental health sufferers!

I'm still here! I have another issue/worry about this tribunal, and it's hard to make sense of it in my head, so I hope it makes sense in this post! When I first did the questionnaire, and at the medical, I didn't go into great detail about my difficulties, due to embarrassment, but also because I assumed they would know enough about ASDs and mental health to understand my case. So when I appealed, I mentioned my difficulties which I hadn't informed them about before, and in detail. And I made a point of explaining why I did not go into so much detail in the first place. Reading my appeal stuff again, and thinking about what else I can say, I have thought of a lot more difficulties I have, which affect my life daily, that I didn't mention. At the time of appealing, I thought I'd mentioned everything but there is a lot more actually. How do I explain this without it looking dodgy? Every time, I'm adding more information about my condition, they might think I'm making it up as I go along. But I'm not. But I don't even understand myself how I could have forgotten to mention everything when I put so much effort into the appeal! Does that make sense? As I said in my original post, me and my family did have a lot to go through at the time, which didn't help. And when I really need to remember things and concentrate, I actually get worse and it makes it harder. And I felt under pressure to hurry up and send it off, because I was very concerned that it would take months to hear the decision, and the fact that I have been dealing with this for so long and I was sick of battling and it taking over my life. So I'm just worried, I don't want them thinking "Well that's handy, she forgot to mention these difficulties before and she's using family issues as an excuse!" I don't have any other medical evidence to back up my claim. I was diagnosed when I was 17 at CAMHS, I'm not in contact with them anymore and I don't feel confident on the phone. My mum could call for me, but it seems so long since I was involved with them, I'd feel like I'm pestering them. And I don't have much confidence in them, the diagnosis report was quite bad and there was a huge waiting list. And they didn't seem very professional. My local mental health team I'm with, well they keep changing staff so I've had different psychiatrists, so none of them know me well enough so I don't know how much they can help. My GP who I've had since I was a child retired a few months ago, so that's no good either! What if they say they need more medical evidence to make a decision? I will go to my local CAB tomorrow to see what help/advice they can give me.