Employment and Support Allowance (ESA)
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Statement of reasons

Hi I recently appealed against dwps decision to remove me from limited capability for work related activity into the limited capability for work group. 

Tribunal stated dwps reasons are valid because I meet no schedule 7 descriptor even though I was awarded 9 points by dwp for a schedule 7 descriptor 

I have applied for a statement of reasons and just wondering how long this could take? It's been nearly a year now I have been battling these decisions  doing with basically zero money I'm seriously ill and just fed up of waiting thanks anyone that can help. 


Replies

  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    Hi,

    I see by your other thread here that you haven't been waiting for nearly a year for the statement of reasons, as it does seem like that by your question here. Other thread with the same question is here. https://community.scope.org.uk/discussion/66043/statement-of-reasons#latest

    There's no timescales for the judge to do the statement of reasons, they do it when they have time to do it. All you can do it wait, i'm afraid. Once you do receive this then you'll need to find someone to take to a look to find the error in law, if that's not found then i'm afraid you won't be able to take this any further.


    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.
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    edited November 2019
    Are you sure it wasn't schedule 6 that you were awarded the points in by DWP.




    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.
  • Chloe_ScopeChloe_Scope Administrator Posts: 8,970 Scope community team
    Welcome to the community @gibbyboy193, please do let us know if there is anything else we can do to help. :)
    Community Partner
    Scope
  • chrisvanfchrisvanf Member Posts: 64 Courageous
    Hi @poppy123456.
    A quick question.
    I won my appeal to be placed into the support group of the benefits system.
    I was on ESA(c) before it expired in Feb this year.
    Should I be placed back onto ESA(c) or will I be placed into the UC system, my area is a full UC area.
    And what other benefits could I claim nw that my appeal has been won.
    Have I posted this in the wrong place or post.
    Thank You...
    Edited, re-edited, bits added, bits taken out spellchecked then edited again, 
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    chrisvanf said:
    Hi @poppy123456.
    A quick question.
    I won my appeal to be placed into the support group of the benefits system.
    I was on ESA(c) before it expired in Feb this year.
    Should I be placed back onto ESA(c) or will I be placed into the UC system, my area is a full UC area.
    And what other benefits could I claim nw that my appeal has been won.
    Have I posted this in the wrong place or post.
    Thank You...

    When your ESA ended in Feb did it remain open for NI Credits towards your state pension or did it close completely and you claimed UC? If it remained open then you'll receive the backdated money owed in about 8 weeks and your payments will continue as normal. Were you claim the old Contributions based or New style ESA?


    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.
  • chrisvanfchrisvanf Member Posts: 64 Courageous
    I was receiving ESA(c) and UC together.
    My ESA(c) ended 365 days as it normally should, I phoned ESA to tell them that I was appealing the WCA decision for UC and they said because I was cured by the WCA assessor my ESA would stop on the 365 days date.
    I don't know what you mean by it being left open for NI credits.
    I will ring ESA in the morning to ask what will happen.
    Should my ESA(c) continue now and the backdated monies be paid back later from the Normal rate up to the Support Group rate ie, from Feb 2018 until now, less my waiting time.
    It is so confusing as there is not one Gov't website that can help or tell any info...
    Also is there any other benefits that I can claim for. 
    Edited, re-edited, bits added, bits taken out spellchecked then edited again, 
  • poppy123456poppy123456 Community champion Posts: 18,542 Disability Gamechanger
    First you said your ESA ended in 2019 and then you said it ended in 2018? If your ESA remained open for NI credits towards your state pension then you'll go back onto CB ESA, when you ring DWP they will tell you if it remained open or not.

    It doesn't really matter if it didn't because you're claiming UC and your ESA will be deducted £1 for £1 from your UC payments anyway.

    You'll receive the LCWRA element of UC which is £336 extra per month in with your usual UC payments.
    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.
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