tribunal appeal won

[redscarf]

I went to the tribunal on the 29/10/12 and I have been awarded 18 points ( I got 0 points at the atos medical). I should feel better for it but as I go on and on reading about people that has had my same experience I can`t say I consider it as a victory: the DWP can appeal against the tribunal decision ( it has already happen) , they can call me again at the medical in one or two months and cut again the esa.

Last but not least in all this mess I lost £ 2000: before I was getting about £ 160 weekly and now I am getting about £ 80/90. All people I know about have retained their rate ( they are in the support group) and the only one who lost everything is me.

Not a victory at all.

[Zonker]

If i am reading this correctly, you had a tribunal, that you have won , you know the dwp can appeal , that its a short lived success because they will call you for another esa form filling soon, the process has left you out of pocket.

 

As far as I am aware , im sure others can clarify, there are 2 appeals to the Upper tribunal in proccess at the moment. One is about payment from week 13 whilst awaiting an assessment from atos. The other has got to do with mental health and appropriate way of collecting information before an assessment. It dont know from your post if any of these are relevant, but hopefully from what you described its the usual treatment from the assessor. If thats the case i wouldnt worry, itll have gone to the DM at DWP to authorise payment.

 

Unfortunately the merry go round of winning a tribunal just to be reassessed fairly quickly is common from the various sources.

 

Coming to payment i think this looks like a transfer from IB and IS to esa from what you say.

 

Youll have to see if the tribunal confirmed you satified any descriptors for Support Group.

 

Sorry for this being a bit vague, but best from what could work out from your post.

[Nystagmite]

Whilst DWP do look at the decision, (to ensure that the law has been applied correctly, etc) it's rare that they'll overturn it.

 

If you were on IB / IS, you'll get whichever is higher - the IB / IS or ESA.