Employment and Support Allowance (ESA)
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Courts & Corona virus

mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
Hi, with this corona virus going on does anyone know if a court hearing for ESA will be cancelled or revert to a telephone hearing ? I have been waiting for near on 39 weeks and was just wondering if anyone has had any tribunal dates cancelled for P.I.P or ESA or simply been through a telephone hearing because of this, many thanks.
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Replies

  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    Hi,

    This is information given by a member of scope that is a welfare rights officer.

    The current scenario is that all tribunal venues are shut and there are no oral hearings at all. Telephone hearings commence with immediate effect but most likely those where you have a rep will be postponed until they can get the bandwidth and organisation to enable conference calls. In the remaining cases a judge will preview the papers and call the appellant around the time the hearing is listed. They may also make separate calls to the DQM and medical professionals who might otherwise have sat with them. Some cases will be decided on the papers only but consent would ordinarily be needed for that. My personal guess would be that the only ones decided on the papers will be those where people have either consented to a paper hearing already or they’re one of Ernie Ryder’s “no brainier” cases i.e. those which ought to have been decided in favour much earlier. 

    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.
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    Well yesterday I had my phone hearing from the courts for ESA.  Daunting and stressful you ain't kidding. I am curious though because I had a few pages of discrepancies against the dwp for what they put in the report but the judge said we work differently to P.I.P and just go by the original form I filled in over a year ago. So does all the discrepancies I found  account for nothing  ?, I have to wait ten days for the result by post but I am not feeling good about this. any help in this matter always appreciated.   
  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    For the Tribunal it's nothing to do with what did or didn't happen during the assessment, no one is on trial during the hearing. It's not a court, it's a Tribunal. You can't prove what did or didn't happen.

    Concentrating on the report could harm your case. It's about how your conditions affect you and this is what they would have been interested in. This isn't just for limited capability for work it applies to a PIP Tribunal too.

    There's nothing more you can do now until you receive the decision letter from the Tribunal. I wouldn't try to speculate anything at this point.

    Once the decision's been made if you're not happen then you'll have 1 month from the date to request the statement of reasons and record of proceedings.

    Good luck and do let us know the outcome.
    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.
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    Cheers Poppy, hopefully the ten days or sooner will go by, will keep you updated.
  • Chloe_ScopeChloe_Scope Administrator Posts: 10,557 Scope community team
    Fingers crossed @mikeyboytv21
    Community Partner
    Scope

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  • janer1967janer1967 Community champion Posts: 4,515 Disability Gamechanger
    Hi @mikeyboytv21 Ay least you have had your tribunal and now you just have to wait for the decision 
     I had a f2f tribunal a couple of years ago and the impression I got was that the panel couldnt understand why they were hearting the case as it was obvious I was unable to work

    Fingers crossed for a good outcome for you
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    janer1967 said:
    Hi @mikeyboytv21 Ay least you have had your tribunal and now you just have to wait for the decision 
     I had a f2f tribunal a couple of years ago and the impression I got was that the panel couldnt understand why they were hearting the case as it was obvious I was unable to work

    Fingers crossed for a good outcome for you
    Many thanks, It's the waiting game I don't like but hey ho  you never know lol.
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    Phone hearing done and today I received the decision from the court... 18 points in total and  "limited capability for work",   I am delighted in the result but what does that mean now and will the DWP have to backdate any money to me as I been waiting over a year ?........cheers.
  • janer1967janer1967 Community champion Posts: 4,515 Disability Gamechanger
    Hi there aty last you have a decision

    If you have been awarded LCW then there is no additional payment for this so no backpay will be due

    You have to be awarded LCWRA to get any additional payments
    #
    LCW just means that you will have adjusted work commitments  and these will be discussed with your work coach and you you will have to do things like prepare to look for work, create a CV, attend workshops and so forth

    If you got LCWRA there will be back pay from after the waiting period of 3 months so after sending in your first sick note you will have a waiting period and then payment would be due. Also you will get the LCWRA payment in your normal UC payment
  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    Phone hearing done and today I received the decision from the court... 18 points in total and  "limited capability for work",   I am delighted in the result but what does that mean now and will the DWP have to backdate any money to me as I been waiting over a year ?........cheers.

    I'm glad you received the decision that's right for you. However, are you sure it's just limited capability for work? (LCW) and not limited capability for work related activity? (LCWRA)


    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.
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    It says on the decision notice the appeal is allowed, the respondents decision from last year is set aside, The appellant has limited capability for work. 
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    18 points in total
  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    Then @janer1967 is correct, this means that you won't receive any extra money and you're not owed any backdated money. They acknowledge you have a limited capability work but may have to attend work focus interviews to prepare to work in the future. Although you don't have to look for work now, which is a good thing.
    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.
  • mikeyboytv21mikeyboytv21 Member Posts: 17 Connected
    Hi Poppy
    Well it gets even more confusing now because the dwp have sent me a letter stating '. We owe you money,  this is because of a recalculation due to Limited Capability for Work. Apparently I am now getting the money backdated from over a year ago.  plus possibility of full universal credit a month. I am over the moon but I thought limited capability for work meant no back pay ?  
  • poppy123456poppy123456 Community champion Posts: 20,511 Disability Gamechanger
    edited September 17
    If your claim for ESA started after April 2017 then you shouldn't be entitled to any extra money. If you were  claiming ESA before April 2017 then yes you will be entitled to the extra money.
    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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