ESA Questions

[BHAFC]

Firstly I won my appeal this week received 24 points (as opposed to Zero from DWP). However I was only put into the wrag group which is not helpful as I have severe agoraphobia/anxiety. I had a representative who represented me at the Appeal hearing.

 

The judge made a comment that said they could only make their decision based on the facts from March 2011 (when I submitted the appeal) and not now. She said that if they could make their decison as of now I would have been put into the Support group because the law had changed?

What do I do now? I am not fit to go to work - (GP's latest certificate to DWP runs out mid December 2012). Am I going to start getting letters from DWP asking me to attend work interviews? which I cant poss attend. ? Do we have to submit another Appeal as of now? to get into support group?

 

Am I entitled to receive the wrag element of ESA from week 14 of my claim to 30th April 2012? Does this happen automatically?

 

The Judge also put on her decision letter that I would not need re-assessment for 2 years. Is that 2 years from now ie August 2014?

[Nystagmite]

Am I entitled to receive the wrag element of ESA from week 14 of my claim to 30th April 2012? Does this happen automatically?

 

Yes. It may take a few weeks to come through.

 

The decision is based on how you were at the time and not now.

[BHAFC]

So what do I do now? Do I have to submit a new appeal / start the whole process again? It took 17 months for this appeal to be heard.

[estellyn]

You're likely to get reassessed by ATOS soon. You can pre-empt that by writing to the DWP and offering evidence of a worsening of your condition, which would then probably mean an ATOs assessment. The risk with reassessment is that you could score 0 points again.

 

You can only challange a Tribunal decision on a point of law - so unless your rep thinks there are grounds that avenue is closed to you.

 

You need to go to work focused interviews for WRAG - these involve seeing an adviser and discussing future plans for work. They cannot force you to do anything which would be contrary to the descriptors you scored points on - but though some advisers are very good, some can put pressure on you to take up other activities. If you suffer with agoraphobia then you can insist on doing the interview over the phone - they will normally allow this as the other option is a home visit which they don't want to do. You may also want to have someone with you during the phone interview to take over and talk to the adviser if you get too stressed and anxious.

[BHAFC]

Great all sounds wonderful NOT. I'm applying to my former employer of 30 years pension fund for an immediate payment of my deferred pension due to my disability....fingers crossed the Trust approve this. I presume if I get zero points again - I can re-appeal? as of now? I'm not getting any ESA now as I'd received it for over a year - and I have over the savings threshold.

[estellyn]

Yes if you get 0 points you could appeal again. If you don't mind the prospect of another appeal, you have little to lose by getting reassessed again, as you're not being paid any ESA.

 

Lee

[BHAFC]

Would I still have to provide DWP with sick certificates again? If I got re-assessed/zero points? I've got all the info from before - and my Rep attended on my behalf.......its just the amount of time it takes for appeal to be heard......18 months this time.

[Nystagmite]

If you're appealing, you need to carry on sending in fit notes.

[estellyn]

If already in WRAG and appealling to be put in the support group, does the person have to give fit notes? I don't have direct experience of this, but I would have thought no - by being put in WRAG the need for fit notes ended.

[antone]

If already in WRAG and appealling to be put in the support group, does the person have to give fit notes? I don't have direct experience of this, but I would have thought no - by being put in WRAG the need for fit notes ended.

 

Correct - notes are needed when appealing a points failure of the WCA, but not when appealing a decision to place the claimant in the WRAG.