A landmark win for for benefits rights

[osdset]

I shall be watching this http://www.rightsnet.org.uk/forums/viewthread/2810/ thread with interest, if this tribunal win is upheld, those of us who were kept waiting past the 13 week deadline for WCA's should be able to get the WRAG component of ESA backdated to the date we failed.

[feelingsad]

Bril!

[caledfwlch]

Just to check I understand this right.

 

You put in claim for ESA.

However, due to their workload, ATOS do not carry out you medical until 6 months later.

You fail the medical and are found fit for work, but you are entitled to the extra £30 or so a week between Week 14 and the day of your medical, which in the case of a 6 month wait, the difference would be 24 weeks minus 13 weeks giving you 11 weeks x £30 which would = arrears of £330 to be paid?

 

The same way, if you "pass" the medical and are unfit for work, if your medical has been held after 13 weeks, you also get the different of arrears?

 

Absolutely brilliant!

[osdset]

Just to check I understand this right.

 

You put in claim for ESA.

However, due to their workload, ATOS do not carry out you medical until 6 months later.

You fail the medical and are found fit for work, but you are entitled to the extra £30 or so a week between Week 14 and the day of your medical, which in the case of a 6 month wait, the difference would be 24 weeks minus 13 weeks giving you 11 weeks x £30 which would = arrears of £330 to be paid?

 

The same way, if you "pass" the medical and are unfit for work, if your medical has been held after 13 weeks, you also get the different of arrears?

 

Absolutely brilliant!

Yep it looks that way, here is an update by the welfare benefits worker that took the case to tribunal. http://www.rightsnet.org.uk/forums/viewthread/2812/

Unless the Secretary of State can successfully appeal the tribunal decision, it stands opening the gates for everyone effected to get their benefits backdated, a classic case of using DWP rules against them.

[caledfwlch]

Yep it looks that way, here is an update by the welfare benefits worker that took the case to tribunal. http://www.rightsnet.org.uk/forums/viewthread/2812/

Unless the Secretary of State can successfully appeal the tribunal decision, it stands opening the gates for everyone effected to get their benefits backdated, a classic case of using DWP rules against them.

 

Nothing is more satisfying than using an enemies own weapons, techniques and tactics to lay them low, and be victorious

[osdset]

I shall be watching this http://www.rightsnet.org.uk/forums/viewthread/2810/ thread with interest, if this tribunal win is upheld, those of us who were kept waiting past the 13 week deadline for WCA's should be able to get the WRAG component of ESA backdated to the date we failed.

 

An update on this post, "the Secretary of State will not be appealing the First Tier Tribunal decision of last month"

Source http://www.rightsnet.org.uk/forums/viewthread/2810/P15/

[caledfwlch]

An update on this post, "the Secretary of State will not be appealing the First Tier Tribunal decision of last month"

Source http://www.rightsnet.org.uk/forums/viewthread/2810/P15/

 

OMG, that is absolutely awesome news! How soon before we can put our claims in? I had to wait around 7 or 8 months for my medical, so owed about 4 months worth

[Nystagmite]

Wow! That's brilliant news.

[worried33]

I think may be related but in my view I think the main reason people are waiting so long for medicals is they prioritising IB to ESA reasessments over new claimants. One of us should do a FOI request to try and find this out, I am thinking of doing so myself but any cost involved I probably cant afford at the moment and I dont know the specific way to do the FOI request.

 

From the DWP point of view its going to save more money getting IB claimants downgraded than having new claimants passing medicals and getting upgraded.

[caledfwlch]

I think may be related but in my view I think the main reason people are waiting so long for medicals is they prioritising IB to ESA reasessments over new claimants. One of us should do a FOI request to try and find this out, I am thinking of doing so myself but any cost involved I probably cant afford at the moment and I dont know the specific way to do the FOI request.

 

From the DWP point of view its going to save more money getting IB claimants downgraded than having new claimants passing medicals and getting upgraded.

 

Sign up here

http://www.whatdotheyknow.com/

 

It is a free way of searching for and making FOI requests, it is brilliant and I have used it to get bailiff info from councils.

 

It costs nothing, and FOI will only ever cost money if fulfilling it will be extremely expensive, and in that case they would only do it if you agreed to pay the cost.

[jadeybags]

Nice to hear some good news!

[osdset]

I am keeping my eyes open for a template letter to appear on the Rightsnet site, in the meantime I am researching putting one together myself, however I am not a welfare professional so if anyone on here can help with that then please post, everyone effected by this should IMO make a backdated claim, I can't see how the DWP can refuse as a precedent has now been set, it's our entitlement that they would rather we knew nothing about....... claim it back!

[ErikaPNP]

Just to clarify, first tier tribunals do not set binding precedent, so although the DWP must apply the judgment to that particular case, the DWP and another first tier tribunal are not bound by the rules of precedent to apply the judgment to other claims.

 

I would still argue the point and encourage others to do the same; it is absurd that anyone should be penalised because of delays which are not caused by them. Just bear in mind that this decision cannot be relied upon in the same way that case law can be, because it can be departed from.

[osdset]

Just to clarify, first tier tribunals do not set binding precedent, so although the DWP must apply the judgment to that particular case, the DWP and another first tier tribunal are not bound by the rules of precedent to apply the judgment to other claims.

 

I would still argue the point and encourage others to do the same; it is absurd that anyone should be penalised because of delays which are not caused by them. Just bear in mind that this decision cannot be relied upon in the same way that case law can be, because it can be departed from.

 

Thanks for the clarification, I hope I have not jumped the gun a bit on this, but as you say it's worth the effort to try.

[ErikaPNP]

No, not at all osdset. We just have to be careful that people don't think that the DWP absolutely have to follow this first tier tribunals decision for all future claims, because they don't. If a person believes that their case is foolproof (when its not), they may rely on it too heavily and be disappointed.

 

People should argue it (it's definately something I would encourage people to argue, he makes some great legal points), but they should know that they may not be successful because the DWP are not bound to apply the decision of the first tier in another individual's case to their case.

[worried33]

thanks will sign up and do the request tommorow.

[OlafJensen]

Just got the letter today. Do not understand it all. Have my ATOL Med some 9 weeks ago and have been back dated from 10/12/11.

Brilliant.

[caledfwlch]

Just got the letter today. Do not understand it all. Have my ATOL Med some 9 weeks ago and have been back dated from 10/12/11.

Brilliant.

 

Did you put in a request, or have they without you asking, suddenly refunded you without being asked?

[OlafJensen]

No request at all! Next hurdle, Medical advice on job seeking, at the Job Center Plus!

This I may need help with please.