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Tribunal found in my favour....what happens now?
- Trudy Barnes
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10 years 9 months ago #123808 by Trudy Barnes
Tribunal found in my favour....what happens now? was created by Trudy Barnes
Hello, I am new to this forum and a little nervous! I am seeking some advice on what to do next. I was originally on Incapacity Benefit and had been since 1995. I was moved to ESA contribution based in 2012 which obviously stopped once the 365 days were up. I appealed to be placed in support group but it was unsuccessful. In May 2013 I was sent an ESA50 to complete which I did and had a further assessment by ATOS in September 2013 where I was again put in the WRAG group in order to be credited with NI. I was then advised to apply for IR ESA as my husband was on a low income and had made a loss on his profit (self employed), which I did and was awarded IR ESA. I also appealed again to be placed in support group. In May of this year I wrote to DWP to inform them that my husbands business was making a small profit again and what would happen to my IR ESA but heard nothing back and as I was waiting to go to a tribunal and preparing for that, I just assumed there was a backlog. Anyway my appeal was heard yesterday and I was finally placed in the support group after 2 long years of fighting. I am overwhelmed by this but my point is what happens now....do I go back on contribution based esa and why haven't the DWP responded to my earlier query regarding the IR ESA? Not sure what happens now and panicking a bit as to how this will affect my ESA payments. Sorry for long story!
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- Gordon
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10 years 9 months ago #123809 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal found in my favour....what happens now?
TB
Welcome to the forum and congratulations on your Tribunal Decision.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In addition to giving/sending their Decision to you a copy will have been sent to the DWP for them to action. It can take a couple of weeks for it to make it through the DWP mail system so if you can do so, you may be able to speed things up by faxing your copy to them directly, you'll need to ring the DWP office that deals with your ESA for the number.
It normally takes about 6-8 weeks for the DWP to process a Tribunal result, as your ESA(CB) payments were limited by the 365 day rule, your being placed in the Support Group means that your ESA(CB) will be re-instated from the date of the Decision and as you are currently receiving ESA(IR), you should continue to receive an ESA(IR) top-up which should now also include the Enhanced Disability Premium.
You really need to chase the DWP about the change in your husband's earnings, they always get around to processing this information (even if it several years down the road) and if there has been an overpayment then it may be recoverable, make sure that at the very least you keep a Certificate of Posting for any letters that you send the DWP on this matter.
Gordon
Welcome to the forum and congratulations on your Tribunal Decision.
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
In addition to giving/sending their Decision to you a copy will have been sent to the DWP for them to action. It can take a couple of weeks for it to make it through the DWP mail system so if you can do so, you may be able to speed things up by faxing your copy to them directly, you'll need to ring the DWP office that deals with your ESA for the number.
It normally takes about 6-8 weeks for the DWP to process a Tribunal result, as your ESA(CB) payments were limited by the 365 day rule, your being placed in the Support Group means that your ESA(CB) will be re-instated from the date of the Decision and as you are currently receiving ESA(IR), you should continue to receive an ESA(IR) top-up which should now also include the Enhanced Disability Premium.
You really need to chase the DWP about the change in your husband's earnings, they always get around to processing this information (even if it several years down the road) and if there has been an overpayment then it may be recoverable, make sure that at the very least you keep a Certificate of Posting for any letters that you send the DWP on this matter.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Trudy Barnes
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10 years 9 months ago #123813 by Trudy Barnes
Replied by Trudy Barnes on topic Tribunal found in my favour....what happens now?
Thank you for your answer.
So my CB ESA should be reinstated even though I passed the 365 day rule last September and had to apply for IB ESA? Really concerned now about the change of circumstances notification and feel I should have chased this up sooner! Would I be better off telephoning them ASAP and explaining what happened as well as result of tribunal, as that could obviously affect my payments?
So my CB ESA should be reinstated even though I passed the 365 day rule last September and had to apply for IB ESA? Really concerned now about the change of circumstances notification and feel I should have chased this up sooner! Would I be better off telephoning them ASAP and explaining what happened as well as result of tribunal, as that could obviously affect my payments?
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- Gordon
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10 years 9 months ago #123814 by Gordon
Providing your ESA(CB) payments were stopped by the 365 day rule and your claim has been continuous then your being placed in the SG will result in your ESA(CB) going back into payment.
Your ESA(CB) is not effected by your husbands income but any ESA(IR) ones are.
Your ESA(CB) will be backdated to September 2013, however, the calculation will be complicated, in addition to the ESA(CB) back payment you should also receive the Enhanced Disability Premium for being in the Support Group for this period, providing that your ESA(IR) remains in payment.
Any earnings by your husband will be deducted £ for £ from any ESA(IR) payment, as long as there is still some ESA(IR) left it will be paid.
You can call the DWP about the CofC but I recommend that you note the date and time of the call and get the name of the person you are talking to and then confirm any actions in writing back to the DWP.
Hopefully if there is any overpayment it will be covered by the back pay from your Tribunal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal found in my favour....what happens now?
Tjb wrote: Thank you for your answer.
So my CB ESA should be reinstated even though I passed the 365 day rule last September and had to apply for IB ESA? Really concerned now about the change of circumstances notification and feel I should have chased this up sooner! Would I be better off telephoning them ASAP and explaining what happened as well as result of tribunal, as that could obviously affect my payments?
Providing your ESA(CB) payments were stopped by the 365 day rule and your claim has been continuous then your being placed in the SG will result in your ESA(CB) going back into payment.
Your ESA(CB) is not effected by your husbands income but any ESA(IR) ones are.
Your ESA(CB) will be backdated to September 2013, however, the calculation will be complicated, in addition to the ESA(CB) back payment you should also receive the Enhanced Disability Premium for being in the Support Group for this period, providing that your ESA(IR) remains in payment.
Any earnings by your husband will be deducted £ for £ from any ESA(IR) payment, as long as there is still some ESA(IR) left it will be paid.
You can call the DWP about the CofC but I recommend that you note the date and time of the call and get the name of the person you are talking to and then confirm any actions in writing back to the DWP.
Hopefully if there is any overpayment it will be covered by the back pay from your Tribunal result.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Trudy Barnes
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10 years 9 months ago #123815 by Trudy Barnes
Replied by Trudy Barnes on topic Tribunal found in my favour....what happens now?
Thank you for your reply and sorry to harp on but I feel so confused by all this and obviously as the tribunal only occurred yesterday, the DWP will not have any record yet so don't want to confuse things. But I obviously must address the change of circumstances matter as that is very important and I do not want to be hit with an overpayment bill!! So should i address that matter first but also let them know the tribunal result so the matter can be sorted? I guess I'm panicking a little now over the change of circumstances more than the award itself!
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- Gordon
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10 years 9 months ago #123816 by Gordon
Other than faxing a copy of the Tribunal Notice there is little you can in the short term in regard to the DWP processing your result, so I would concentrate on the CofC.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Tribunal found in my favour....what happens now?
Tjb wrote: Thank you for your reply and sorry to harp on but I feel so confused by all this and obviously as the tribunal only occurred yesterday, the DWP will not have any record yet so don't want to confuse things. But I obviously must address the change of circumstances matter as that is very important and I do not want to be hit with an overpayment bill!! So should i address that matter first but also let them know the tribunal result so the matter can be sorted? I guess I'm panicking a little now over the change of circumstances more than the award itself!
Other than faxing a copy of the Tribunal Notice there is little you can in the short term in regard to the DWP processing your result, so I would concentrate on the CofC.
Gordon
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