Esa tribunal won need some advice pls

[T0RM]

Hi There,

 

I was wondering if someone can give me some help on my partners appeal he won on Saturday for ESA.... Same old same old really he had his medical august last yr and failed got 0 points.... Went to appeal and had to cancel his first one as he was too ill to attend at Christmas so they postponed til 11th May....

 

He has a severe split disc and suffers very badly with irritable bowel when we got there the doctor straight away said he should never have gone to the appeal as he is quite poorly....

Anyway to cut a long story he won and was placed from work related group to the support....

He also gets high rate dla mobility and low care at present, however due to more consultant letters and me having to care much more through the night now i have wrote to DLA telling them i give him much more care now.....

 

What we would like to know is we got the decision straight away on paper... and know it can take weeks sometimes to get DWP to finalise paperwork etc...... but what will he actually get now?? Would he get anything backdated from the date of his medical last yr and will he get the support amount of 34.05 and the disability guarantee premium?? We are somewhat confused at what he will get as we only have appeal papers to say he is moved from one group to another......

At present time he gets the 112 pounds a week as a couple both over 25 and his dla and that's it.... sorry so long just wanted to give you a clear picture.... hope someone can help us

 

Thanks

T0RM

[time4change2]

he will get his backdated support component from the date of his medical the DWP do take there time with this my sister waited a few weeks for her but know that other people have waited months send a copy of the tribunal decision yourself recorded delivery then chase therm up every week or so

 

 

when his new award is amended premiums get added automatically

[swinginapig]

Hi There,

 

I was wondering if someone can give me some help on my partners appeal he won on Saturday for ESA.... Same old same old really he had his medical august last yr and failed got 0 points.... Went to appeal and had to cancel his first one as he was too ill to attend at Christmas so they postponed til 11th May....

 

He has a severe split disc and suffers very badly with irritable bowel when we got there the doctor straight away said he should never have gone to the appeal as he is quite poorly....

Anyway to cut a long story he won and was placed from work related group to the support....

He also gets high rate dla mobility and low care at present, however due to more consultant letters and me having to care much more through the night now i have wrote to DLA telling them i give him much more care now.....

 

What we would like to know is we got the decision straight away on paper... and know it can take weeks sometimes to get DWP to finalise paperwork etc...... but what will he actually get now?? Would he get anything backdated from the date of his medical last yr and will he get the support amount of 34.05 and the disability guarantee premium?? We are somewhat confused at what he will get as we only have appeal papers to say he is moved from one group to another......

At present time he gets the 112 pounds a week as a couple both over 25 and his dla and that's it.... sorry so long just wanted to give you a clear picture.... hope someone can help us

 

Thanks

T0RM

Hi you say your partner went to his assessment last August and received 0 points, how could he have been placed into the Wrag Group with 0 points you need at least 15 points to qualify, sorry this has confused me a little..

[Nystagmite]

Hi you say your partner went to his assessment last August and received 0 points, how could he have been placed into the Wrag Group with 0 points you need at least 15 points to qualify, sorry this has confused me a little..

 

Because he won his tribunal.

[**Margaret**]

:TORM:

 

Yep, I'm confused as well. Need some clarification before we can help.

 

'...... he gets the £112 pounds a week ......' suggests that the decision under appeal was that your partner's fit for work.

 

Do you feel able to tell us what's written on the tribunal decision notice?

 

Should read something like; n points from descriptors 1c and 2b.

 

Or; note a schedule 3 descriptor.

 

Or; there may be something about regs 29/35.

 

Margaret.

Edited May 14, 2013 by **Margaret**

[swinginapig]

Hi you say your partner went to his assessment last August and received 0 points, how could he have been placed into the Wrag Group with 0 points you need at least 15 points to qualify, sorry this has confused me a little..

You say he went from Wrag Group to Support Group at the Tribunal hearing, what is confusing me is, how could he have been placed into the Wrag Group in the first place with 0 points

[swinginapig]

Because he won his tribunal.

But the partner would not have been placed into Wrag Group after assessment on 0 points.

[T0RM]

Hi guys sorry had to reset password.

 

Sorry for the confusion let me explain slightly more he is still legally employed from his company as been there a long time they have been fantastic with him being off ill the last 20 months..... Anyway he was receiving his ssp and then was transferred automatically to esa as you can only claim ssp for so many weeks can't remember top of my head but think it was 26 or 28 weeks.... so i assumed he was in wrag when he was automatically put on esa til assessment.....

 

Award notice as follows

 

1. The appeal is allowed

2. The decision made on 21 August 2012 is set aside

3. Mr. etc..... is entitled to employment and support allowance ("esa") with the support component.

4. In applying the Work Capability Assessment 15 points were scored from the activities and descriptors in Schedule 2 of the ESA regulations 2008 made up as follows(1) (a) 15 points- Mobilising

 

5. The following activity and descriptor from schedule 3 of the ESA Regulations 2008 applied 1 (a) 15 points - Mobilising

 

This information does not form part of the tribunal's decision. Any recommendation given is not binding on the secretary of state

The tribunal received cogent oral evidence in relation to physical factors.

The tribunal recommends that the department does not reassess Mr .... within 2 yrs from todays date

 

This is all we got and phoned them and they said its irrelevant to send the award notice ring them in 6 weeks! Why the wait maybe its normal?

 

[**Margaret**]

:TORM:

 

Right, a bit more guesswork. The £112 per week is partially or solely earnings related:?: If so;

 

Basic allowance of £112ish per week.

Support component of £34ish per week.

Enhanced disability premium for a couple £21ish per week.

(Entitlement's via the support component of ESA)

 

All backdated to week fourteen of his claim unless you've other income (apart from his disability living allowance) that you've not told us about. Employment n support doesn't have a disability guarantee premium.

 

Six weeks, and counting, is the norm for Jobcentreplus to process a tribunal decision cos of their appalling backlogs. Some successful appellants have used pester power but for most claimants it's a case of waiting until their decision gets to the top of the pile.

 

Best wishes, Margaret.

Edited May 16, 2013 by **Margaret**

[T0RM]

Sorry he gets income related esa, and i get child tax credits, i used to get working tax but had to stop work to look after him. Thank you for the information most kind of you, its amazing that they dont tell you everything before and have to find out by your own means. We dont know much about benefits as never had to claim before all this....

 

I tried to get his dla lifted to more than lower care as i am having to tend to him sometimes 3 times during the night for his uncontrollable bowels sorry tmi there but you know when i rang them today they said the letter i sent them from the consultant means nothing now and to send out a new claim form for him and he might continue getting low rate care and high rate mobility or he may get more care or he could even get nothing!! Hes an ill man and we have never asked for help until we really needed it so i said to my partner it may be best for us to struggle on and wait til the review for his dla in March next yr, either way he will have to be reassessed then.

[**Margaret**]

:TORM:

Child tax credits don't affect employment n support. Any income you've earned during the claim may affect the arrears.

Concerning your disability living woes; how dated was the info in the consultant's letter? Disability n carers seem to want post dated evidence. I don't know enough to comment further but other contributors may have opinions on the wisdom, or not, of asking for a new decision.

Margaret.

[T0RM]

Thanks Starryeyes52 you have been a great help....

 

The consultants letter was beginning of April as he was seen by the consultant on 25th March.....

Torm

[swinginapig]

Thanks Starryeyes52 you have been a great help....

 

The consultants letter was beginning of April as he was seen by the consultant on 25th March.....

Torm

The consultants letter dated beginning of April would not have had any bearing on the Tribunal decision, the Tribunal will have been looking at his health at the time of the assessment last August. I won my Tribunal last Thursday and have already received another Questionairre from Atos to fill in and my Tibunal letter states a reccomendation not to be reasses for 24 months. So dont read too much into the Tribunal Decision, cos it sounds to me that Dwp dont take any notice anyway...Good Luck..

[swinginapig]

Sorry he gets income related esa, and i get child tax credits, i used to get working tax but had to stop work to look after him. Thank you for the information most kind of you, its amazing that they dont tell you everything before and have to find out by your own means. We dont know much about benefits as never had to claim before all this....

 

I tried to get his dla lifted to more than lower care as i am having to tend to him sometimes 3 times during the night for his uncontrollable bowels sorry tmi there but you know when i rang them today they said the letter i sent them from the consultant means nothing now and to send out a new claim form for him and he might continue getting low rate care and high rate mobility or he may get more care or he could even get nothing!! Hes an ill man and we have never asked for help until we really needed it so i said to my partner it may be best for us to struggle on and wait til the review for his dla in March next yr, either way he will have to be reassessed then.

Why does your partner get Income Based if he has worked and still legally employed, when his SSP ran out and he was tranferred over to ESA he would have been placed on the assessment rate of ESA not Wrag, sorry lol you are confusing me..... it would help us clarify if we knew what his payments were at the time of his assessment last August, assessment rate was about £71 per week at that time....

[swinginapig]

Sorry he gets income related esa, and i get child tax credits, i used to get working tax but had to stop work to look after him. Thank you for the information most kind of you, its amazing that they dont tell you everything before and have to find out by your own means. We dont know much about benefits as never had to claim before all this....

 

I tried to get his dla lifted to more than lower care as i am having to tend to him sometimes 3 times during the night for his uncontrollable bowels sorry tmi there but you know when i rang them today they said the letter i sent them from the consultant means nothing now and to send out a new claim form for him and he might continue getting low rate care and high rate mobility or he may get more care or he could even get nothing!! Hes an ill man and we have never asked for help until we really needed it so i said to my partner it may be best for us to struggle on and wait til the review for his dla in March next yr, either way he will have to be reassessed then.

 

A new benefit has been introduced in April of this year called PIP, Personal Independance Payment, when his renewal is due next March he will have to claim this, be aware the goal posts have changed and much difficult to qualify, for instance one of the descriptors has changed from mobilising 50 metres down to 20 metres, it was 200 metres when I qualified for DLA and I was awarded for life, but they have even moved the goal posts with me, it is now indefinate and I will have to claim PIP eventually, cant see any hope of getting it though....

[T0RM]

To be honest i dont think the letter was even looked at the doctor in the tribunal was very sympathetic and was absolutely shocked to see how my partner was called up for an appeal in the first place, as his irritable bowel is the main problem he loses control 3-4 times daily and did in there ywice over, the doctor asked what his condition was at the time of his medical last yr and he was not as bad as he is now but lost control of his bowels whilst being examined!! Very embarrasing for him to say the least.

 

swinginapig wrote....

Why does your partner get Income Based if he has worked and still legally employed, when his SSP ran out and he was tranferred over to ESA he would have been placed on the assessment rate of ESA not Wrag, sorry lol you are confusing me..... it would help us clarify if we knew what his payments were at the time of his assessment last August, assessment rate was about £71 per week at that time....

 

He gets income related because contribution based he hasnt paid enough stamps i believe.... i dont know what group he was placed in to begin with as it was automatically done after his ssp ran out....he is still employed as his company want to keep him on in hope he gets better which is what we both want. They have been very good to him and the dwp are aware of this but apparently because he is under doctors consultants and occupational therapists he still got sick notes which last one was for 8 months runs out in september this year.

 

As far as we know or i assumed you are put into a group straight away correct me if im wrong or maybe it was because of the 13-14 week assessment?? As for the payments he has been getting with ESA they have always remained at 112 a week for a couple thats all we know....

 

As for the new PIP we are aware and as he can not walk even 5 meters due to his back problems the doctor at the tribunal was very concerned and stated to my partner to forget his pride and get a mobility scooter.... but in all honesty he doesnt venture to far at present due to our gp coming round to review his meds and the fact that he just can not move due to severe pain......

When we got the taxi there we had to clean that up due to my partner losing control of his bowels he then became very embarrassed tears in his eyes which then made me well up......

So with all of this its not good for his present well being im worried hes very down but he wont say i know he is its an awful thing for anyone to go through....

Thanks for all the posts much appreciated i think i have covered what i can if i have missed anything out please do let me know

[swinginapig]

To be honest i dont think the letter was even looked at the doctor in the tribunal was very sympathetic and was absolutely shocked to see how my partner was called up for an appeal in the first place, as his irritable bowel is the main problem he loses control 3-4 times daily and did in there ywice over, the doctor asked what his condition was at the time of his medical last yr and he was not as bad as he is now but lost control of his bowels whilst being examined!! Very embarrasing for him to say the least.

 

swinginapig wrote....

Why does your partner get Income Based if he has worked and still legally employed, when his SSP ran out and he was tranferred over to ESA he would have been placed on the assessment rate of ESA not Wrag, sorry lol you are confusing me..... it would help us clarify if we knew what his payments were at the time of his assessment last August, assessment rate was about £71 per week at that time....

 

He gets income related because contribution based he hasnt paid enough stamps i believe.... i dont know what group he was placed in to begin with as it was automatically done after his ssp ran out....he is still employed as his company want to keep him on in hope he gets better which is what we both want. They have been very good to him and the dwp are aware of this but apparently because he is under doctors consultants and occupational therapists he still got sick notes which last one was for 8 months runs out in september this year.

 

As far as we know or i assumed you are put into a group straight away correct me if im wrong or maybe it was because of the 13-14 week assessment?? As for the payments he has been getting with ESA they have always remained at 112 a week for a couple thats all we know....

 

As for the new PIP we are aware and as he can not walk even 5 meters due to his back problems the doctor at the tribunal was very concerned and stated to my partner to forget his pride and get a mobility scooter.... but in all honesty he doesnt venture to far at present due to our gp coming round to review his meds and the fact that he just can not move due to severe pain......

When we got the taxi there we had to clean that up due to my partner losing control of his bowels he then became very embarrassed tears in his eyes which then made me well up......

So with all of this its not good for his present well being im worried hes very down but he wont say i know he is its an awful thing for anyone to go through....

Thanks for all the posts much appreciated i think i have covered what i can if i have missed anything out please do let me know

Ok right it is much clearer now, when your partners SSP ran out he was placed onto the assessment rate of ESA, £71 for a single person,£112 for a couple, this usually last for 13 weeks in which time he should have had his assessment, at his assessment he was awarded 0 points so could not be placed into a group, in fact Atos and DWP was sying he was fit for work. You appealed in which case you was still paid at the assessment rate until the appeal was heard. He won the appeal so he will be entitled of back payments back to week 14.

[**Margaret**]

:TORM:

 

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@benefits/documents/digitalasset/dg_199992.pdf

 

Is a reasonably useful Government booklet that explains the structure of employment n support allowance. Although your partner was working, it's possible that he didn't earn enough to be liable for national insurance contributions. Currently, contributions are payable on weekly earnings above £149 per week, and there has to be enough of them in a relevant tax year.

 

If the consultant's letter was written for the employment n support tribunal (who were considering your partner's capability for work last August) it may be irrelevant to a new disability living decision cos Disability n Carers need to know what help your partner needs now.

 

Most of us facing your partner's problems would be feeling down and embarrassed. Hopefully you'll be rid of one stressor when Jobcentreplus pay his arrears.

 

My best wishes to both of you, Margaret.

Edited May 19, 2013 by **Margaret**

[T0RM]

That's correct he didn't earn enough as he works or worked in school field hence every 6 weeks they get the holidays and he didn't get paid holdiays....

The consultants letter was not for esa at all it was sent to each consultant hes under and his gp we sent it in as it was more info for his conditions at the present time..... however we have a result as we received a letter from dla confirming he has automatically been awarded middle rate care due to his severity of certain factors....im wondering if it had anything to do with the outcome of the esa are they linked to each other as in do they send each other info???Least thats some great news for us lets try get him on road to recovery now

[**Margaret**]

:TORM:

 

Disability n Carers do use existing work capability assessments to inform their decisions, and vice versa if reports are available. But, cos of the timing, it's impossible to know whether your partner's tribunal decision was available to them.

 

Congrats on securing your partner's entitlement, Margaret.

[swinginapig]

That's correct he didn't earn enough as he works or worked in school field hence every 6 weeks they get the holidays and he didn't get paid holdiays....

The consultants letter was not for esa at all it was sent to each consultant hes under and his gp we sent it in as it was more info for his conditions at the present time..... however we have a result as we received a letter from dla confirming he has automatically been awarded middle rate care due to his severity of certain factors....im wondering if it had anything to do with the outcome of the esa are they linked to each other as in do they send each other info???Least thats some great news for us lets try get him on road to recovery now

Thats great news TORM, are you aware you can now claim Carers Allowance for you partner????

[T0RM]

Thank you so much for all the info you have been a great help we got through the post this morning that he has been placed in the support group and telling us the rate etc...also backpay should be in within the next few days..... faster than we thought so all sorted thanks so much will def stay on this forum as there is many subjects of interest