Employment and Support Allowance (ESA)
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Hi, my name is MarkH73! Ive just won esa tribunal

Hi ive just won my esa tribunal this last week i was in the support group but got kicked off it march 2019 they forced me on to UC so what happens now am i going to be put back where i was on esa or ??? And will they be bk dating my missed payments at same fortnightly rate as 32 missed payments to date....im at a loss to what happens both physically and financially to me  left confeused ti what the next phase is if anyone could shed some light or give advice to me would be gratefully received thank you 

Replies

  • ross2503ross2503 Member Posts: 48 Courageous
    Hey @MarkH73

    Welcome to the community :) 

    I doubt they will put you back on ESA, given that the government is steadily phasing that benefit out and moving people over to Universal Credit, which combines ESA payments into one with other benefits like Housing Benefit for example.

    Regarding the backdating, I'm not 100% sure of this, but I think that they will backdate any payments you've missed out on, given that they kicked you out of the support group, which has since been proved to be a wrong decision through your tribunal.
  • steve51steve51 Community champion Posts: 6,591 Disability Gamechanger
    edited June 20
    Hi @MarkH73

    Good Afternoon & Welcome it’s great to meet you today.

    I am one of the Community Champion’s here at Scope.

    We have got a senior member who will be able to help you with your current question/Inquiry.

     Hi @Adrian_Scope

    Can you please offer me some help with this Esa inquiry?????

    Many thanks.

    @steve51


  • janer1967janer1967 Community champion Posts: 1,485 Pioneering
    Hi and welcome to the community, great to have you on board. Im not sure of the answer to your query and dont want to give wrong information so will let someone else answer.


    I just wanted to say Hi and congratulations on the win 
  • MarkH73MarkH73 Member Posts: 9 Listener
    Quick question has anyone legally challenged the Uc con as if youve won your tribinal esa in my case then it basically states that you shouldnt have been kicked off it nevermind conned on to UC as they said it was only thing i could claim.thus last yr n half.....isnt there some legal standing that in the tribunals decision stating we deserved to be in which ever group as in all essence the trials n tribulations of going through the appeal then tribunal process is null n void as the decision disent matter much in reality as i have been reading that im probably not going to be entitled to any missed payments too on top of the fact of not heing able to go bk on the esa n.level i was at before wrongly being kicked off .....surely these trubunal decisions have some legal standing to force the dwp into making their wrongs right.....is the any advice or legal representation i can seek as there must be 1000s in the same boat ......
  • chiariedschiarieds Community champion Posts: 2,570 Disability Gamechanger
    Hi @MarkH73 - & welcome to the community. I'm pleased you won your ESA tribunal, but appreciate this is tempered with your frustration as you needed to claim UC in the meanwhile.
    I'm sorry I've no idea if anyone has challenged a person going onto UC as their ESA payments were later found to be wrongly stopped. I have read, that, depending on your circumstances, some people are better off on UC, tho some are not. If you have received less with UC than when on ESA, perhaps you will receive a backdated amount for this difference. I'll ask @mikehughescq for his help with this. Thank you, Mike.
     
  • mikehughescqmikehughescq Member Posts: 4,391 Disability Gamechanger
    Thanks @chiarieds. Very brave of you considering the battering I’ve taken from three posters thus weekend. Anyways, hello @MarkH73. The first obvious question here is whether you were/are getting PIP daily living and therefore an SDP? That will very much determine what happens next. 
  • MarkH73MarkH73 Member Posts: 9 Listener
    Im on standard daily living with no mobility on pip at mo in answer to above question 
  • mikehughescqmikehughescq Member Posts: 4,391 Disability Gamechanger
    Sorry, should have asked if you live alone.
  • MarkH73MarkH73 Member Posts: 9 Listener
    Yes i live alone 
  • mikehughescqmikehughescq Member Posts: 4,391 Disability Gamechanger
    Then you need advice age support from a welfare rights adviser in your locality before you do anything else.
  • MarkH73MarkH73 Member Posts: 9 Listener
    Cit advice then yeh??? Or other agency im also looking for legal representation no win no fee if anyone knows any solicitors thank you
  • mikehughescqmikehughescq Member Posts: 4,391 Disability Gamechanger
    There’s no great benefit in using a solicitor here. Check out https://advicelocal.uk/ and go from there.
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,030 Scope community team
    edited June 23
    Hello @MarkH73. Sorry I didn't spot the notifications of being tagged to look at your query and I'm glad Mike has been able to offer some advice.

    I believe what the thinking (and the discussion you should have with a rep if you find one), is that it sounds as though you were entitled to SDP so now the tribunal has changed your decision on ESA, the SDP gateway should mean you shouldn't have been allowed to claim UC. But it's definitely a discussion to have with a rep and to see if they can support you in your next steps.

    Keep us updated with how things go. 
    Senior Community Partner
    Scope
  • MarkH73MarkH73 Member Posts: 9 Listener
    What rep am i best  looking for CAB or another agency??? Any advice would be gratefully received and what is SDP??? Thank you 
  • janer1967janer1967 Community champion Posts: 1,485 Pioneering
    Severe disability premium 
  • MarkH73MarkH73 Member Posts: 9 Listener
  • Lou67Lou67 Member Posts: 538 Pioneering
    It’s extra money onto your ESA as your receiving PIP daily living I think it’s £130 a  week roughly hopefully someone will say if I’m wrong about the amount, but you’d definitely be entitled to it on ESA good luck. 
  • MarkH73MarkH73 Member Posts: 9 Listener
    Thank you for all your info n help ....i was conned onto UC now waiting on a responce from dwp about esa tribunal outcome but looks like i will have to fight to get back on esa  but will keep you all updated and any more advice or guidance gratefully received thank you 
  • Adrian_ScopeAdrian_Scope Administrator Posts: 7,030 Scope community team
    Hi @MarkH73. One of the only ways back would be due to the fact you shouldn’t have been allowed to claim. Those with SDP (severe disability premium, which was an extra £65 a week) were not allowed to claim UC from January 2019. The reason we suggest getting some one-to-one advice is that they can go through your paperwork with you and see if this argument applies to you. 

    Putting aside this SDP argument, in your situation typically the backdated money would only be paid for the period between when your ESA stopped and when you claimed UC. Your support group status would then transition to your UC so you should then be paid LCWRA on UC and be owed backpay from them. Have you ever had an assessment under UC and have you been handing in fit notes? 

    The SDP argument means you should not have been allowed to apply for UC and there have been cases where individuals have been able to return to legacy benefits but I would suggest getting support with this. 

    A Welfare Rights would be good or CAB if you have either of them in your area.
    Senior Community Partner
    Scope
  • MarkH73MarkH73 Member Posts: 9 Listener
    Yes they forced me onto jobseekers UC and im actually waiting on a tribunal date for the UC sick (or what ever they call it) i have to date supplied 15 months worth of sick notes accepted  by dwp .......The tribunal will probably have same outcome as my esa tribunal which i won as cant see judge and pannel going to far off the decision i have had on esa tribunal....but im jumping gun a bit there as still waiting on actual date fir UC tribunal 
  • Lou67Lou67 Member Posts: 538 Pioneering
    Oh sorry I ment £130 a fortnight 🤦‍♀️
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