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won appeal what happens now
- tim68
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11 years 1 month ago - 11 years 1 month ago #119388 by tim68
Replied by tim68 on topic won appeal what happens now
A
Finally after waiting for more than 12 weeks I have now received a letter from the DWP detailing what iam entitled to & what payments will be made how ever I have found the information they sent me very difficult to understand it would seem the tribunal recommended that I be put in the support group up until 25th June 2013 after which I should be placed in the WRAG up until 25th June 2014 but the letter goes on to say we will not be able to pay your benefit after 5th Jan 2014 because you will have been in the WRAG for 365 days which is the max number of days allowed. I suffer with ME and some days my brain fails me but iam pretty sure that 25th June to 5th Jan is not 365 days have I missed something here or has anyone else had a similar experience
tim68 wrote: Thank you I will try that as my next course of action and see where it leads
Finally after waiting for more than 12 weeks I have now received a letter from the DWP detailing what iam entitled to & what payments will be made how ever I have found the information they sent me very difficult to understand it would seem the tribunal recommended that I be put in the support group up until 25th June 2013 after which I should be placed in the WRAG up until 25th June 2014 but the letter goes on to say we will not be able to pay your benefit after 5th Jan 2014 because you will have been in the WRAG for 365 days which is the max number of days allowed. I suffer with ME and some days my brain fails me but iam pretty sure that 25th June to 5th Jan is not 365 days have I missed something here or has anyone else had a similar experience
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #119392 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic won appeal what happens now
Tim
I have never heard of a Tribunal making a Decision like this, were you re-assessed in 2013 or made a new claim in 2013?
Normal Tribunal procedure is for the panel to consider your condition as it was at the date of the Decision appealed, from your previous posts this would have been 2011, they are specifically restricted by law from considering your condition at a later date, even if you had made a complete recovery, the panel cannot take account of it when make a Decision on your appeal.
If there have been no other Decisions on your claim then the Tribunal panel cannot move you to the WRAG after having placed you in the Support Group.
If the Decision you appeal was the initial Decision on your claim and that has now been overturned placing you in the Support Group then you will not have used any of the 365 days, even while you were receiving the assessment rate and would therefore have the full 365 days available to you if placed in the WRAG.
I am going to recommend that you get face to face advice on this matter, you need a trained advisor who can speak to the DWP on your behalf to find out what has gone wrong with your claim. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
I have never heard of a Tribunal making a Decision like this, were you re-assessed in 2013 or made a new claim in 2013?
Normal Tribunal procedure is for the panel to consider your condition as it was at the date of the Decision appealed, from your previous posts this would have been 2011, they are specifically restricted by law from considering your condition at a later date, even if you had made a complete recovery, the panel cannot take account of it when make a Decision on your appeal.
If there have been no other Decisions on your claim then the Tribunal panel cannot move you to the WRAG after having placed you in the Support Group.
If the Decision you appeal was the initial Decision on your claim and that has now been overturned placing you in the Support Group then you will not have used any of the 365 days, even while you were receiving the assessment rate and would therefore have the full 365 days available to you if placed in the WRAG.
I am going to recommend that you get face to face advice on this matter, you need a trained advisor who can speak to the DWP on your behalf to find out what has gone wrong with your claim. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
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- tim68
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11 years 1 month ago - 11 years 1 month ago #119396 by tim68
Replied by tim68 on topic won appeal what happens now
Thanks for your reply
Iam just reading the document I got from the tribunal and it says the appeal is allowed
The decision made on the 26/06/2012 is set aside
Iam entitled to ESA with the support component
It then goes on to say The tribunal recommends the department does not reassess the appellant before 30th june 2014
It doesn't mention WRAG any ware
Your comments re the decision at tribunal been about the date the decision was made is interesting as my condition had got worse in between the initial application and tribunal and there was medical evidence to back this up in my medical notes I cant remember the exact words used by the judge but she seemed to be suggesting when the award rang out in June 2014 I had to re apply I remember thinking it was a strange thing to say as she could of just increased the time ESA was awarded
Iam just reading the document I got from the tribunal and it says the appeal is allowed
The decision made on the 26/06/2012 is set aside
Iam entitled to ESA with the support component
It then goes on to say The tribunal recommends the department does not reassess the appellant before 30th june 2014
It doesn't mention WRAG any ware
Your comments re the decision at tribunal been about the date the decision was made is interesting as my condition had got worse in between the initial application and tribunal and there was medical evidence to back this up in my medical notes I cant remember the exact words used by the judge but she seemed to be suggesting when the award rang out in June 2014 I had to re apply I remember thinking it was a strange thing to say as she could of just increased the time ESA was awarded
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #119397 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic won appeal what happens now
Tim
ESA awards do not include a length of award or re-assessment date, any such date is only advisory.
As long as you did not make a new claim for ESA while you were waiting for your appeal to be heard, then there should be no new Decision to limit your having been placed in the Support Group, the DWP can re-assess you now and a new Decision might place you in the WRAG, but until then you are in the Support Group.
I still recommend that you get face to face advice.
Gordon
ESA awards do not include a length of award or re-assessment date, any such date is only advisory.
As long as you did not make a new claim for ESA while you were waiting for your appeal to be heard, then there should be no new Decision to limit your having been placed in the Support Group, the DWP can re-assess you now and a new Decision might place you in the WRAG, but until then you are in the Support Group.
I still recommend that you get face to face advice.
Gordon
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- tim68
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11 years 1 month ago - 11 years 1 month ago #119441 by tim68
Replied by tim68 on topic won appeal what happens now
could you tell me in order for the DWP to make a new decision do they need to get me to fill in all the ESA forms again and then attended another interview with ATOS and make the decision based on that information or can they simply say we have made a new decision
I did not make a new claim during 2013 nor was I assessed by ATOS or DWP
I did not make a new claim during 2013 nor was I assessed by ATOS or DWP
Last edit: 11 years 1 month ago by Gordon.
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11 years 1 month ago #119445 by Gordon
It is technically possible for the DWP to make a new Decision on a claim without the issuing of a new ESA50 or the claimant attending a new assessment, but the circumstances under which this can happen are very specific, also, any new Decision must be notified to the claimant in writing.
However, I do not believe that your circumstances match these requirements, even closely.
As your original Decision was a Fit for Work one, I think it extremely unlikely, to the point where I do not believe it could happen, that the DWP would then place you in the WRAG without an ESA50 and a face to face assessment.
You could try phoning the DWP again, ask to speak to a Customer Manager, this will require a call back, you need to ask on what basis you were placed in the WRAG in June last year.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic won appeal what happens now
tim68 wrote: could you tell me in order for the DWP to make a new decision do they need to get me to fill in all the ESA forms again and then attended another interview with ATOS and make the decision based on that information or can they simply say we have made a new decision
I did not make a new claim during 2013 nor was I assessed by ATOS or DWP
It is technically possible for the DWP to make a new Decision on a claim without the issuing of a new ESA50 or the claimant attending a new assessment, but the circumstances under which this can happen are very specific, also, any new Decision must be notified to the claimant in writing.
However, I do not believe that your circumstances match these requirements, even closely.
As your original Decision was a Fit for Work one, I think it extremely unlikely, to the point where I do not believe it could happen, that the DWP would then place you in the WRAG without an ESA50 and a face to face assessment.
You could try phoning the DWP again, ask to speak to a Customer Manager, this will require a call back, you need to ask on what basis you were placed in the WRAG in June last year.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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