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Support Group tribunal

  • Jazz
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11 years 9 months ago - 11 years 9 months ago #110188 by Jazz
Support Group tribunal was created by Jazz
:( ]Hello,
This is my first post on this site and so very much hope somebody can give me some advice.

I will start at the beginning, so as to avoid any confusion.

Several years ago I suffered major head injuries in a road crash. After several months in and out of hospital, I started receiving Disability Living Allowance and Carers Allowance, as well as Incapacity Benefit and Income Support. My injuries left me with permanant disabilities., having lost most of my hearing (93%). I now have to wear two high powered hearing aids at all times and basically have to lip read when communicating. I also developed Epilepsy, which doctors have said is probably as a result of the brain injuries. I also suffer severe dizziness for prolonged periods. Three years ago, I decided to move to Germany, to be with friends and family. I gave up my flat in the UK and was able to take my Incapacity Benefit and Carers Allowance with me. My Income Support and DLA were terminated. For the past three years I have been receiving my Incapacity Benefit and Carers Allowance, paid directly into a German bank account which I had to set up. I have also had my Health Insurance paid, as there is no NHS in Germany, The Pension Service covered this. During this time, I registered with the German health authority (Versorgungsamt). They decided that I was 90% disabled. I do not receive any benefits from Germany, but I have been issued with a travel pass which covers all areas. When I use public transport, I always have someone accompany me incase I suffer a siezure. I cannot hear any announcements that may come through station tannoys etc. I also got copies of all medical records and doctors reports of all treatments that I have received in Germany.
However, sometime last year, I received a letter from The Pension Service about the new ESA, which was replacing Incapacity Benefit. The letter informed me that I needed to attend a medical interview. It also informed me that I could either travel to the UK or attend a medical in Germany. I did`nt get the chance to decide, as about 2 weeks later, another letter arrived, informing me that I must attend a medical interview in Germany, by a doctor which had been arranged by The Pension Service. As I don`t speak German very well, I took a German friend who speaks English. The doctor spoke no English whatsoever, and everything had to be translated by my friend. The doctor also did not carry out ANY kind of physical examination. He asked only about which kind of medication that I was on, (which I took along with me). He asked a few other questions of the treatments that I had received relating to my injuries. The entire medical took place with him sat at his desk, and I sat at the opposite side. Then I waited 5 months before The Pension Service contacted me again. The letter informed me that "We are sorry to inform you that you are not entitled Employment and Support Allowance. We have considered all of the information available, and have decided that you do not have limited capacity for work". My benefit was stopped with immediate effect. I was also informed that any disability benefits I received would also cease. Also that my health cover would be terminated.
On the next next page was the "How we arrived at this decision", which went on to say that "To get ESA you have to score at least 15 points in your assesment" I was awarded 06 points for "Picking up and moving things" But I was awarded "0" points for "Communicating with people" I was awarded "0" points for "Other people communicating with you" and I was awarded "0" points for "Getting around safely" Overall, I scored 06 points. As I must lip read in order to communicate, I find this decision very unfair. To make matters even worse, is the fact that I can only lip read in English. Of the 06 points I scored, none was for difficulty with communication.
They said I could appeal if I thought the decision was wrong, although no appeal form was enclosed. I could not call them as I cannot hear on the telephone. I understand that they would not accept calls from people in Germany on my behalf, and there is no public service in Germany, such as Citizens Advice Bureau. I managed to download an appeal form from the internet and sent it off immediately, with all copies of medical reports and treatments. That was in March 2013. I never heard anything from them at all. I felt like I had effectively been "abandoned". Then in May 2013, my Dad died suddenly, and I had to borrow money to go to his funeral. While I was in the UK, I went to the Citizens Advice Bureau, who in turn, contacted The Pension Service. The CAB were told that they were still waiting for medical reports to be translated into English. However, the very next day, The Pension Service suddenly decided that they had "reconsidered" my appeal, and decided that I was entitled to ESA-for 12 months only. They backdated my benefits from March which had been stopped. I was placed in the Work Related Activity Group, which means in March 2014 my benefit will stop, without any right of appeal. My doctor and Physiotherapist say that I should be placed in the Support Group. I have been told that I will need to take medication for Epilepsy for the rest of my life. My hearing will never improve. But in March 2014, The Pension Service have decided that I can return to work.

Having appealed to be placed in the Support Group, I have finally received a letter from The Pension Service, and they have informed me that "We have looked again at the facts and evidence that was used to make our decision and we have looked at the points you have raised. We have not changed our original decision. Your appeal will be sent to The Tribunals Service where an independent appeal tribunal will look at the decision again. We will write to you again soon with more information about what happens next".
I now need to know, what does happen next? How do I prepare for a tribunal? I understand that I must travel to the UK for the tribunal. What should I expect when I get there. I`ve been told by the Citizens Advice Bureau that they no longer provide representatives due to under funding. As I am no longer a UK resident, who can represent me?

I would very much appreciate any help and advice.
Thank you.
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Last edit: 11 years 9 months ago by . Reason: Tick.

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11 years 9 months ago #110196 by Gordon
Replied by Gordon on topic Support Group tribunal
AR

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

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?

As it is your first post it is not a problem, but in future could you keep your posts to a more reasonable length, especially as it is virtually one block of text :)

A quick correction, I believe you are receiving DLA Care rather than Carers Allowance as you are the person requiring the care rather than the person giving it. DLA Mobility is not exportable, so It would be this that was cancelled.

In regard your ESA.

As you were previously on IB you will have been transferred to Contribution Based ESA, when the DWP revised your original 6 points Decision they placed you in the Work Related Activity Group (WRAG), unfortunately the payment of ESA(CB) is limited to 365 days for members of the WRAG and as you are abroad you are not entitled to Income Related ESA, which would normally allow continued payment, this limitation does not apply to time spent in the Support Group.

In terms of your appeal, have a look at our ESA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/esa

and the following FAQs

Is there any risk to challenging a decision?

ESA medical – what forms to ask for?

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

If you have any questions on this, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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  • Jazz
  • Topic Author
11 years 9 months ago - 11 years 9 months ago #110254 by Jazz
Replied by Jazz on topic Support Group tribunal
Hi Gordon,
Thanks for your reply. However, I am a little confused about your post "As you were previously on IB you will have been transferred to Contribution Based ESA, when the DWP revised your original 6 points Decision they placed you in the Work Related Activity Group (WRAG), unfortunately the payment of ESA(CB) is limited to 365 days for members of the WRAG and as you are abroad you are not entitled to Income Related ESA, which would normally allow continued payment, this limitation does not apply to time spent in the Support Group."
Does this mean that I cannot be placed in the Support Group because I am abroad? Sorry if I have misunderstood this.
Last edit: 11 years 9 months ago by Gordon.

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11 years 9 months ago #110256 by Gordon
Replied by Gordon on topic Support Group tribunal

Jazz wrote: Hi Gordon,
Thanks for your reply. However, I am a little confused about your post "As you were previously on IB you will have been transferred to Contribution Based ESA, when the DWP revised your original 6 points Decision they placed you in the Work Related Activity Group (WRAG), unfortunately the payment of ESA(CB) is limited to 365 days for members of the WRAG and as you are abroad you are not entitled to Income Related ESA, which would normally allow continued payment, this limitation does not apply to time spent in the Support Group."
Does this mean that I cannot be placed in the Support Group because I am abroad? Sorry if I have misunderstood this.


Sorry if my post was not clear, no it does not mean that.

Claimants in the UK who's ESA(CB) is time limited have the option of switching to Income Related ESA if they meet the eligibility criteria, ESA(IR) cannot be claimed abroad, so this option is not available to you.

The time limiting of ESA(CB) is specific to the WRAG, so if you are placed in the Support Group, you payments will continue, however, if you are not then they will cease as previously notified. You should then receive NI Credits that count towards a full State Pension providing you maintain your claim, which will involve further ESA50's and possibly medicals.

Also, if you condition deteriorates such that you then meet the criteria for the Support Group, you can then request a re-assessment and if successful your ESA(CB) will be re-instated from that point and remain in payment while you are in the SG.

Gordon

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