Won ESA Tribunal 2 months ago - DWP still not paying up

[oregon]

Hi

 

I won my ESA Tribunal in December 2010, but the DWP have done nothing since.

 

I have called them many times, it took them a month before they received the notification letter, and now another month has passed and I am still on the assessment rate and not placed into a group (and today I received a letter from them saying I need to send them another medical certificate).

 

They keep saying I am the waiting list to be placed into a group.

 

Is this kind of delay normal? I thought my nightmare was over after the tibunal, but it seems not!

 

Is there anything I can do?

 

Thanks for any advice.

[antone]

Two months delay seems excessive if you've won the Tribunal. I suspect what's happened is that the Tribunal didn't specify which group you should be in (sometimes they state this as part of their decision, sometimes they don't) so your claim is in a pile waiting for a Jobcentre Decision Maker to allocate you to a group.

 

I'd call them again and ask for a callback from the Claims Maintenance section (sometimes referred to as "Load"). If you aren't given a satisfactory explanation and timescale as to when you can expect the decision to be made, you're quite within your rights to ask to speak to a manager and ask him or her to investigate.

[cbbc]

Hi, I won my case at tribunal but was put in to the working catagory straight away.

I went to tribunal in Aldershot and they were really good.

I was given the decision letter to take away with me, sent a COPY, make sure its a copy, to the DWP and got the extra money and back pay quite quickly.

This was spring last year so maybe they have got further behind now.

If I was you I would ring every day and ask to speak to a supervisor. Make yourself a nuisance.

I know what stress you are under, I didnt sleep properly for months.

Good luck x

[crazygirl90]

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.

[oregon]

Thanks everyone. Crazygirl my trubunal letter said "Schedule 3 reguations not satisfied" and I have found out from the DWP on the phone that I am in the work activity group (which is what I always expected).

 

I did ask about the delay again, and was told this was due to them working out the back payment...

 

Kind regards