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ESA i need some advice please on what to do next

amanda31amanda31 Posts: 5Member Listener
Hi 
i have just been to my appeal hearing for esa after waiting since November 17, when my assessment gave me no points.
to cut a long story short I moved areas and had to have a new assessment and was awarded nil points.
i applied for pip and was given the highest rate two weeks after esa said nil points.
my benefits were reinstated whilst I waited for the hearing.  After 365 days benefit stopped, apparently it’s the law. Due to high numbers in my area this only took place yesterday and I won the appeal they gave me 36 points. i called dwp this morning only to be told they can appeal the appeal and have no time scales to make a decision on what group I’m placed in. I was told I might not get any payment at all.
i suffer with my back and shoulders, and also panic attacks depression and ptsd as a result of an arson attack on my home. My go and doctors have said I will always suffer due to the nature of the fire. I lost my husband daughter and grandson in the fire and watched my husband burn. Myself and my son got out with serious injures. the arson was carried out by my son in law so I find it hard to trust people.
i don’t want any sympathy that’s not why I’m writing this, but I would like the esa to deal with my case in a fair manner. At the assessment the woman said she didn’t want to discuss my ptsd as that was not what I was there for.
 Can anyone advise me or point me in the right way to get them to sort this out ASAP because it’s caused me so much stress and anxiety. I just need a bit of advice on what to do next.

Replies

  • Antonia_ScopeAntonia_Scope Posts: 1,783Member Pioneering
    Hi @amanda31 ;

    Welcome to the community and thank you for sharing this with. I am sorry to hear what you have been going through.

    Some of our members may be able to support with this soon.
  • amanda31amanda31 Posts: 5Member Listener
    Thanks for the support I don’t know what to do next. Feel like I’m banging my head against a brick wall. 
  • poppy123456poppy123456 Posts: 11,794Community champion Disability Gamechanger
    Hi,

    Great news on winning the Tribunal.

    Which group were you placed into, Support Group (limited capability for work related activity) or WRAG (limited capability for work) There's a difference between the 2. Being placed into the Support Group is not about scoring points, which is why i'm asking which group.

    Yes, DWP have the same chance we do to appeal the decision. As your Tribunal was only yesterday, DWP now have 1 month to request the statement of reasons. If they decide to request this once they receive it, they must find an error in law in making the decision. Without finding this they won't be able to appeal the decision. If they do ask for this, then it doesn't mean they're appealing the decision, it just means they're asking for it.

    It can take 8 weeks to receive any backdated money owed and slightly longer sometimes to be placed into the group you were placed into by the Tribunal.

    The reason why your ESA payments stopped after 365 days was because you're claiming Contributions based ESA and this is only paid for this amount of time unless you're placed into the Support Group. If you're placed into this group then you're money will continue for as long as you remain in the group.

    If the Tribunal placed you into the WRAG then you won't receive any money but will continue to receive your NI credits towards your state pension. Hope this helps.
  • April2018momApril2018mom Posts: 1,183Member Pioneering
    What group were you placed in? If they decided you can work then your payments will stop. 
  • amanda31amanda31 Posts: 5Member Listener
    I win was in the support group until the assessment. 
    Do they have to keep me in it now. 
  • amanda31amanda31 Posts: 5Member Listener
    Sorry should have said was not win

  • poppy123456poppy123456 Posts: 11,794Community champion Disability Gamechanger
    amanda31 said:
    Sorry should have said was not win

    Sorry but i don't understand. Where you placed into the Support Group or WRAG by the Tribunal?
  • amanda31amanda31 Posts: 5Member Listener
    I am not sure I got 36 points but believe I’ve read something about if it’s an existing claim ie with a new assessment and not a new claim assessment  they have to keep you in the support group as the new rules didn’t come into play until after my original claim was made. They said I’m not fit for work and no new assessment for 2 years.
    i hope this makes sense. 
  • poppy123456poppy123456 Posts: 11,794Community champion Disability Gamechanger
    You read incorrectly, i'm afraid. There's no rules about them having to keep you in the support group. Have you had the decision letter from the Tribunal yet? It will tell you on there exactly what it says because being placed into the Support Group isn't about scoring points. I realise the Tribunal said you're not fit for work but the group you were placed into is important because if it was WRAG you won't receive any payments. If it was support Group then payment can take 8 weeks from the date of the hearing decision. It can also take this long to place you into the correct group.
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