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Esa
- Carol
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10 years 5 months ago - 10 years 5 months ago #126996 by Carol
Esa was created by Carol
Hi everyone, I'm new to this site, but desspely need some advice. In 2011 I claimed ESA, I was put in the work related group, it was revised and was then put into the support group. Last year I was sent the limited capability for work questionnaire. I filled in the form and sent it back, i was then put back into the work related group, so I went to appeal, which I lost. I didn't have any medical evidence and assumed the would contact my GP, they didn't.
I am reapplying and getting as much information and medical reports from my GP and my consultants and the fact that I feel that mistakes have been made IE:
1 Bcause I was no worse than I was in 2011, however they stated thay state that there is no record that it was a tribunal's decision. I don't unerstand that because I have got much worse.
2 When going throught the paperwork for my appeal, they have referred to a Mrs Evans a couple of times, that is not my name. I have know idea who this is person is.
Your advise on these matters are much appreciated.
I am reapplying and getting as much information and medical reports from my GP and my consultants and the fact that I feel that mistakes have been made IE:
1 Bcause I was no worse than I was in 2011, however they stated thay state that there is no record that it was a tribunal's decision. I don't unerstand that because I have got much worse.
2 When going throught the paperwork for my appeal, they have referred to a Mrs Evans a couple of times, that is not my name. I have know idea who this is person is.
Your advise on these matters are much appreciated.
Last edit: 10 years 5 months ago by Gordon.
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10 years 5 months ago #127000 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa
Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is
Welcome to Benefits and Work
Forgive me but I am a little confused by the chronology in your post, you say that you originally applied for ESA in 2011 and were placed in the WRAG, this was later revised to place you in the Support Group.
Was this the result of Reconsideration by the DWP or because of a Tribunal hearing?
In 2014, you were placed in the WRAG due to a re-assessment, you appealed this Decision and the Tribunal did not find in your favour.
Did they leave you in the WRAG or find you Fit for Work?
You say you are re-applying, is this because you were Fit for Work or because you were receiving ESA(CB) and your payments were time limited?
Is this a completely new claim or have you asked to be re-assessed for the SG?
In your first question you make refer back to the Tribunal Decision but also to 2011, I'm afraid I can't see the link if this is a new claim or are you taking the Tribunal Decision to the Upper Tier?
In question 2 you post that another persons name was used on some of the paperwork, what paperwork was this, the DWP or the Tribunals? Also was this problem identified before the hearing or after?
I'm afraid without more information, we can't provide further advice. We are open until 10pm this evening and Moderators are online 2pm-4pm and 8pm-10pm.
Gordon
Welcome to Benefits and Work
Forgive me but I am a little confused by the chronology in your post, you say that you originally applied for ESA in 2011 and were placed in the WRAG, this was later revised to place you in the Support Group.
Was this the result of Reconsideration by the DWP or because of a Tribunal hearing?
In 2014, you were placed in the WRAG due to a re-assessment, you appealed this Decision and the Tribunal did not find in your favour.
Did they leave you in the WRAG or find you Fit for Work?
You say you are re-applying, is this because you were Fit for Work or because you were receiving ESA(CB) and your payments were time limited?
Is this a completely new claim or have you asked to be re-assessed for the SG?
In your first question you make refer back to the Tribunal Decision but also to 2011, I'm afraid I can't see the link if this is a new claim or are you taking the Tribunal Decision to the Upper Tier?
In question 2 you post that another persons name was used on some of the paperwork, what paperwork was this, the DWP or the Tribunals? Also was this problem identified before the hearing or after?
I'm afraid without more information, we can't provide further advice. We are open until 10pm this evening and Moderators are online 2pm-4pm and 8pm-10pm.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Carol
- Topic Author
10 years 5 months ago #127032 by Carol
Replied by Carol on topic Esa
sorry for the confusion. I'm not very good at explaining things sometimes.
In 2011 I claimed ESA, they put me in WRAG, I asked if they would revise the decision, which they did and was put in the support group.
June last year they sent me the limited capability for work form. I filled it in, but didn't send any medical evidence, thinking they would contact my GP, which they didn't. I was then put WRAG! I asked for a mandatory reconsideration, but they would not change their decitizan. So i decided to appeal, I got intouch with the CAB and a gentleman came out to see me. We agreed he would be my representative.
When I recieved all the paperwork for the appeal, I read through it and there was some discrepencies.
1 They had no record of the decision to move me to the support group.
2 On two occations there was reference to a Mrs Evens, I have no Idea who she is.
I questioned both these point with the person representing me. He told me, it had know baring on the case, because they will only make the decision on how I am on the day.
I lost my appeal.
I have downloaded the the form to make a fresh claim, but my friend still feels I should get advise about everything tht has happened.
I hope this makes more sense.
Thanks Gordon
In 2011 I claimed ESA, they put me in WRAG, I asked if they would revise the decision, which they did and was put in the support group.
June last year they sent me the limited capability for work form. I filled it in, but didn't send any medical evidence, thinking they would contact my GP, which they didn't. I was then put WRAG! I asked for a mandatory reconsideration, but they would not change their decitizan. So i decided to appeal, I got intouch with the CAB and a gentleman came out to see me. We agreed he would be my representative.
When I recieved all the paperwork for the appeal, I read through it and there was some discrepencies.
1 They had no record of the decision to move me to the support group.
2 On two occations there was reference to a Mrs Evens, I have no Idea who she is.
I questioned both these point with the person representing me. He told me, it had know baring on the case, because they will only make the decision on how I am on the day.
I lost my appeal.
I have downloaded the the form to make a fresh claim, but my friend still feels I should get advise about everything tht has happened.
I hope this makes more sense.
Thanks Gordon
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10 years 5 months ago #127045 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa
Carol
I am still unclear as to why you are having to make a new claim, did the Tribunal find you Fit for Work rather than upholding the WRAG Decision, or were your payments stopped because of the ESA(CB) payment time limit?
I will try and give advice for both, but you strategy is very different dependant on your circumstances.
Let me deal with the Tribunal anomalies first. Unless the Tribunals Decision was made within one month then their Decision is final and there is no way for you to pursue these issues, even if it is within the one month I think it is very unlikely that you will be able to make anything of these. The Tribunal will take the view that there was adequate time for you to prepare for the hearing, you therefore had an opportunity to raise these issues with the panel on the day of the hearing, if you did not do so then it was your failure for not having done so.
I am sorry if this sounds blunt, but this is the way that the system works.
If you were found Fit for Work, then this will be a completely new claim. You will need to show that you are eligible for either Contribution Based or Income Related ESA from scratch, if you have not worked since 2011, you may struggle to meet the Contribution Conditions for ESA(CB). You will be subject the ESA Assessment phase until a Decision is made on your claim, I have to warn you that whilst the current delays in the system are improving, it could still be a year before such a Decision is made.
If your ESA(CB) was time limited then the first thing for you to do is to confirm that you are not eligible for Income Related ESA which is dependant on your household income, assets and savings and any hours that a partner works.
If you are not eligible for ESA(IR) then the only opportunity for your ESA(CB) to be put back into payments is for you to show that you meet one or more the SG Descriptors, so you should concentrate on this.
I am afraid that even once your ESA50 is submitted you will not be entitled to payment until a Decision to place you in the SG happens, also, even if successful back payments will only be made from the date that you asked to be re-assessed.
Re-assessments are subject to the same delays as new claims.
In either case, please make use of ESA Claim guides to complete the ESA50, see
www.benefitsandwork.co.uk/help-for-claimants/esa1
If I have missed anything or you have more questions, then please reply to this post when we are next open.
Gordon
I am still unclear as to why you are having to make a new claim, did the Tribunal find you Fit for Work rather than upholding the WRAG Decision, or were your payments stopped because of the ESA(CB) payment time limit?
I will try and give advice for both, but you strategy is very different dependant on your circumstances.
Let me deal with the Tribunal anomalies first. Unless the Tribunals Decision was made within one month then their Decision is final and there is no way for you to pursue these issues, even if it is within the one month I think it is very unlikely that you will be able to make anything of these. The Tribunal will take the view that there was adequate time for you to prepare for the hearing, you therefore had an opportunity to raise these issues with the panel on the day of the hearing, if you did not do so then it was your failure for not having done so.
I am sorry if this sounds blunt, but this is the way that the system works.
If you were found Fit for Work, then this will be a completely new claim. You will need to show that you are eligible for either Contribution Based or Income Related ESA from scratch, if you have not worked since 2011, you may struggle to meet the Contribution Conditions for ESA(CB). You will be subject the ESA Assessment phase until a Decision is made on your claim, I have to warn you that whilst the current delays in the system are improving, it could still be a year before such a Decision is made.
If your ESA(CB) was time limited then the first thing for you to do is to confirm that you are not eligible for Income Related ESA which is dependant on your household income, assets and savings and any hours that a partner works.
If you are not eligible for ESA(IR) then the only opportunity for your ESA(CB) to be put back into payments is for you to show that you meet one or more the SG Descriptors, so you should concentrate on this.
I am afraid that even once your ESA50 is submitted you will not be entitled to payment until a Decision to place you in the SG happens, also, even if successful back payments will only be made from the date that you asked to be re-assessed.
Re-assessments are subject to the same delays as new claims.
In either case, please make use of ESA Claim guides to complete the ESA50, see
www.benefitsandwork.co.uk/help-for-claimants/esa1
If I have missed anything or you have more questions, then please reply to this post when we are next open.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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