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ESA benefit

I was taken out the group last year but in working group she been to court and judge didn't change it but been to health assement today and she had told me I shouldn't of been called and she was sorry but they had only just got my repot from doctors and not understand why I went  to court and told I was staying in working group and today few week s of being in court saying I shouldn't of been called to go and I have always had heart failure seen I had my heart attack and  she had said today if we had got this before hand I wouldn't of been told to go but judge had not change what was said and my health been been same matter of weeks court then job center and she said Judge should of look at my information what was sent because of the health and because of my health needs and she said I was staying in the worker group and today been told I shouldn't of been called to go how do I get what the judge has done is so wrong and but me through all that and said its not changing and to weeks late been told that by a nurse at the assment i shouldn't of been this re but just got information I Dont no how I get to sort this and if I am allowed to take it bk to court because of the judge on what she had done was not right at all 

Replies

  • poppy123456poppy123456 Community champion Posts: 20,552 Disability Gamechanger
    Hi,

    If this a is a review of your ESA and the decision is to put you into the Support Group, there's nothing you can do about the decision that was made by the Tribunal. At the time they didn't think that you fitted the criteria for the Support Group, so they placed you into the WRAG. What you should have done at the time is asked the Tribunal for the statement of reasons to see if an error of law was made. Too late for that now, if this assessment is a review.

    Please remember that when going to an assessment, the HCP writes a report and this is then sent to the DWP with a recommendation. A decision maker then looks at the report and makes a decision from that.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Kellans38Kellans38 Member Posts: 10 Listener
    My health was the same from when I was put in to the group I have always had heart failure and when I went to court they had all what was up with me but didn't change what DWP said and when I had gone up to benefits she had said they didn't have the information but I Dont understand went to court and week after been told to go for new assement and she said they wouldn't of call me in if they had the information but she said u r in the support group she said till we told her no I was taken out that and just been to court and didn't change from the worling group not making any sense at all because my health needs was the same and not getting way she had said they wouldn't of call me up if they had the information but Dont get how they haven't had it when I have had same health needs from the start and all information was there in front of the jugde and still didn't change from the working group but then week later going up for assement and she said I was in the support group but that wasn't the case and she didn't no I been  court something not right with what going on when my health always been same from when I was put out of support group in to work and called up three months earlier than I should of and to weeks apart and judge had all of the information in front of her and its got it on the paper worker that judge had but still kept me in worker group then been told I shouldnt of been call for assement but they have just got all the information about my heart no I can't understand that when I have had heart problems from 2016 when I had my heart attack and they new that its on my paper worker and about my learning disabilitys and other health needs but still put through all this and shouldn't of happened because of my heart failure been in hospital because oft heart but stress doesn't help me and seem someone messed up on the way with all of this when I have had all health needs seen 2016 and learning disability seen school and statement but they tryed saying I had a learning disability one year nexts I Dont doesn't change when u have a learning disability its they for life as my doctor said 
  • poppy123456poppy123456 Community champion Posts: 20,552 Disability Gamechanger
    It still doesn't change the decision made by the Tribunal, unless an error in law is found. As i stated the HCP doesn't make the decision, they make a recommendation to the decision maker and from the report the decision maker makes their decision. Nothing is final until a decisions been made. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Kellans38Kellans38 Member Posts: 10 Listener
    Hi have been put back in the support group  now and I can't understand why she didn't look at my paper work the judge when it was in front of her  and I have always had heart failure  seen I had my heart a attack so why would u put someone through court  and trbunal  and court three day after court I go to get assment but job centre even said they only just got the new information  but I no they had it from when I had my first one last year but for them to not look at things what r there and stop put through all that 4 this long and now it's gone bk in to the group  how can that be right when it's always been same as what I had seen I had my heart attack  in 2016 but november put in to working and court three days been set up 4 easement and just got letter saying I am back in the support group  that not on not 2 do that can I not take this back 2 courts after doing that to me 
  • poppy123456poppy123456 Community champion Posts: 20,552 Disability Gamechanger
    That's great news. I'm not sure why you want to take it back to Tribunal. As you've recently been re-assessed then this decision has overruled the decision made by the Tribunal. When the Tribunal made their decision it would have been based on what your condition was like when the previous decision was made.

    There's nothing stopping you from asking the Tribunal for a copy of the statement of reasons and record of proceedings, you can request this by emailing the Tribunal.
    The good news is you're now in the support group again and can relax for a while at least.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Kellans38Kellans38 Member Posts: 10 Listener
    Thanks  I still don't have my report from the court if that what u r saying I should ask 4 I have all other reports but  I just wanted to no how they can do this 2 me but all reports  was the same but when I went 2 assement she had only just got the report  when I have had my same health problems from when I had first assment last year there not anythink at all chance  in my health that what I am not understanding  and how when I went she only just got my notes when from last year's doctors notes when they had them from last year's this is all not right can't just put some through this for 18 months  I been throw hell with what I had done to me and other week sent back in hospital from when I went to doctors if they can take someone through this well it's disgusting  and the judge  had it all they in front of her d didn't look at it well I don't get it but thanks for your help hun   means a lot thanks
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