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gazzer12005

won esa tribunal but...

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Hi everyone this is my first post so here goes!!!!

 

Today I successfully won at my tribunal for esa!!!!!!! And I represented myself!!! GO ME!!! I went from 0 - 18 points !!!!!

 

My decision notice reads like this: 1. The appeal is allowed

2. The decision made on the 14th August 2012 is set aside

3. ( My Name) is entitled to Employment and Support Allowance("ESA") with the work-related activity component

4. This is because in applying the Work Capability Assessment 18 points were scored from the activities and descriptors in schedule 2 of the

ESA Regulations 2008 made up as follows:

 

1© 9 points

2(b) 9 points

 

5. No schedule 3 descriptor applied. Regulation 35 does not apply.

There are no exceptional circumstances.

6. The Tribunal recommends that the Department reassesses the appellant within 12 months

The Tribunal received cogent oral evidence in relation to physical factors

 

Question1. Will my payments / payment dates change??

 

Question2. Do esa owe me any back pay?? ( I currently receive £111 per week for me and my wife)

 

Question3. Do I need to continue to supply medical certificates (sick note) from my doctor to them??

 

Question4. Is it worth me applying for DLA???

 

Question5. Does this mean I am in the support group???

 

Hope someone can help I am very confused, ELATED at winning my Tribunal, but still very confused!!!!! Hope someone can help!! Thanx Gazzer!!

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Can only answer one of your questions and that is number 5 in that you've been placed in the WRAG group according to what you've posted above

 

Feebee_71

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Thanks for you're quick response Feebee_71 Does this mean that this is a hollow victory for me??

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Your payment date shouldn't change. I believe that's all done by your national insurance number. After you're put into a group, there is no reason to carry on sending in sick notes. The DWP / tribunal have accepted that you have limited capacity for work.

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Thanks Nystagmite!!

 

I suppose that is a small bonus about the sick notes but still have so many questions!!!!!!

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Hi, well done on winning :-).

 

I won mine on 4th dec and backpay will be in bank tomorrow. My payment day will stay the same. Your same position as me as we as a couple got £111 a week. I now get the £111 plus £21.50 a week as top up as we were IB esa and an extra £34.50 a week for support element you will get same as us im sure but minus £5 because your in WRAG group. Your backpay is from date of medical with dreaded ATOS. Hope this helps.

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Thanks anna15!!!!

 

I am receiving contribution based esa though until feburary do you think this will mean i am still entitled to any back pay???

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You won't get the £21.50 a week then. Am i right in saying medical with atos was aug this year?

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Yes thats correct from day 92. You should have dwp letter which will show date you originally applied for it and you get backpay from 92 days from that date .

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You will get backpay from 5th may till today :-) so around 32 weeks. at 29.50 a week :-)

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Gee I hope you are right anna15!!!! that would come in very handy!!! and i hope i don't have to wait months for it lol!!!

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I am right :-). I applied on 27th feb, medical on 29th may then appeal on 4th dec. letter today stated i would get backpay from 29th may (92 days) until 4th December then money goes up to £333 a fortnight. You can call jobcentre say on thurs and ask if they have tribunal decision as its normally sent straight away and they can confirm on the phone you will get backpay. They may not tell you amount till they calculate it but thats what i done.

 

Whats your wife's situation though because u get same as us and we are IB ?

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She is stay at home mom to the 3yr old twins they have not asked her to attend any interviews or anything does this make a difference???

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With us i claimed CB esa then hubby lost his job so he had no income. They put him on my claim and it changed my esa to ib esa which gave us the £111 a week. My rep said to me if i was on CB esa i would of been getting more than the £111 a week so im wondering why thats what your getting. It may be right and I've maybe picked her up wrong but just wondered incase you were entitled to anymore money. Maybe someone else can clarify this incase im wrong.

 

I actually thought i was on CB esa and found out it had been changed to ib while talking to tax credit people lol. Anyway your due at least 900 plus anyway :-)

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This has been a great day if what you say comes to fruition it will take alot of pressure off us thanks for the advice i will ring them on thursday and see what they say. thanks for taking the time to look at my situation good luck to you and your family..... DOWN WITH ATOSH!!!!!!!!!!!!!!!!!

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You are more than welcome. If you can check back in and let us know.

 

P.s i actually emailed my mp so i believe thats why my money was put in sooner. He had money approved within 48 hours when i had called sameday and told 5-6 weeks so something else worth remembering ;-)

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