Won my appeal — Scope | Disability forum
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Won my appeal

Scissorhandsjack
Scissorhandsjack Community member Posts: 20 Connected
in Employment and Support Allowance (ESA)
Won my esa appeal but unsure of the wording on the paperwork. From 0-24 points. 
3.....has limited capability for work related activities. The matter is now remitted to the secretary of state to make a final descion upon entitlement to esa.
4. In applying the work capability assessment 24 points were scored from activities and descriptors in schedule 2 of the esa regulations 2008
5.no descriptor from schedule 3 of esa regulations was satisfied but regulation 35 of the esa regulations 2008 applied
By reasons of ibs and fibro Mrs..... Is significantly limited  As a a result the above schedule 2 descriptors are satisfied. Never the less she does not satisfy any schedule 3 descriptors. However if found capable of work related activities would result in a substantial risk of worsening in mental health. 
So I won but will i be support or wrag group. 
I forgot to ask. All advice will be greatly appreciated 
Thanks in advance 

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Comments

  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    Hi,

    Yes, reg 35 applied to you and this is Support Group. Well done, great news.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Scissorhandsjack
    Scissorhandsjack Community member Posts: 20 Connected
    Thank you for getting back to me so quickly. Made my day huge weight off my already frazzled mind?
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  • Scissorhandsjack
    Scissorhandsjack Community member Posts: 20 Connected
    Another quick question if that's OK. 
    When they pay back money do dwp put esa back to what I was on before after back pay or before. Or do they just add it to what they owe you. 
    System is so confusing
    Thanks
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    That will depend on what you were claiming previously as i have no idea what your claim was all about or your reasons for the Tribunal.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Scissorhandsjack
    Scissorhandsjack Community member Posts: 20 Connected
    I was on income related esa plus disability premium and the premium for guarantee income. I went to tribunal because they found me fit for work
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    If are claiming assessment rate for ESA now while you waited for the Tribunal then you'll be back dated the difference between this and the Support Group.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • poppy123456
    poppy123456 Community member Posts: 53,926 Disability Gamechanger
    It can take 6 weeks or more to receive your backdated money. This is because DWP have the same chance that we do to appeal the decision but to do this they must first ask for the statement of reasons and they have 28 days to do this. Then find an error in law in making the decision.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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  • Scissorhandsjack
    Scissorhandsjack Community member Posts: 20 Connected
    Ah right I didn't know that thank you so much for the information 
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