Tribunal.

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After a year of waiting,  my son has had the Tribunal Hearing today.  He was made fit for work October 2016.  He has been claiming JSA since October 2016 & has now been placed on ESA work related activity group.

Can anyone advise him who he has to inform that he has won the appeal at today's Tribunal?

Also can anyone tell me if there is a difference in money between the JSA & ESA? 

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7 Replies

  • Posted

    dwp will be informed of appeal desion they have right to appeal but most times they dont could be wrong but best person to ask is denise shes ecelent at this
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  • Posted

    HI Lilmem,

    Sorry it's took so long to see this, have a lot going on right now.

    Great news on the Tribunal decision for your son. The Tribunal will inform ESA of the decision but as ross has said they do have as much chance to appeal this as we do. Often they dont because they have to find an error in law in making the decision made by the Tribunal. This is extremely hard to do. They make as the Tribunal for the Statement of reasons (SOR) and they have 28 days in which to do this.

    Payments depends on circumstances. What money was he recieving while on JSA? Does he claim DLA mid/high rate care or PIP daily living?

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    • Posted

      Thank you for your reply Denise.  I do appreciate you taking the time to reply.  I know you have a lot going on right now so you taking the time to help is a wonderful gesture.  The money he is receiving while on JSA is £73.10 + approx. £32 per week for disablement payment.  My son claims PIP standard rate care which is approximately £55.65 per week.  At the Tribunal there was a judge, doctor & a DWP representative. The DWP representative totally agreed with the decision & said that my son should be in the work related activity group for ESA.  I suppose that still does not mean that the DWP won't try an appeal.  My son phoned the DWP yesterday to tell them of the Tribunal decision & they said that my son should carry on claiming JSA until they hear from the Tribunal.

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    • Posted

      No problem. Does he live alone, or with you? If he lives with you the WRAG amount would be £102.15 per week, which is £73.10 + £29.05 extra for being in the WRAG because he applied for ESA BEFORE April 2017 when the changes took place. He's not entitled to the Enhanced disability premium because unless in the support group you need enhanced daily living PIP for this. He also wouldn't be entitled to the disability premium of £32.55 that he claims now because like i said before only those on JSA and Income Support would get this.

      If he lives alone and no one claims Carers Allowance for him then he'd be enititled to Severe Disability premium (SDP) of £62 ish per week. If he's not entitled to the SDP then there's no backpay to be made but the difference between what he gets now and what he'll get in the WRAG is slightly less per week my calculations say £3.50 less per week. Hope this helps.

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    • Posted

      Thank you for the reply Denise.  My son lives with me.  I have tried finding out the information but I think I must be looking in the wrong place.  It is so confusing, but you seem to make it so much easier to understand.  In being successful at the Tribunal my son will now be paid £3.50 a week less, which does not sound much, but when you are living on the bread line it is quite a lot.  At least he will not have to go to the job centre every 2 weeks to be humiliated.  He has been told that he may have to attend courses & if he does not attend these courses, he could be sanctioned. This treadmill is never ending. To cap it all my son has to attend a f2f on Monday 23.10.17 because he is in receipt of PIP standard rate care.  He filled the form in saying that his circumstances had not changed ( a case of ticking boxes).  When he was at the Tribunal yesterday he was given the report from last year's f2f for PIP.  We had never had this report & it did make interesting reading.  Do you think it would help with the f2f on Monday if he took the letter which states that he was successful at the Tribunal?  What a fiasco this has become, which I do believe the DWP are hoping that people will fall at the first hurdle & give up.

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    • Posted

      Another ridiculously busy day so sorry for the delay in replying! The reason you couldn't find any info regarding what he fortnightly pay will be is because they changed the rules for those in the WRAG who applied for ESA after April of this year. Yes £3.50 per week less. As he lives with you he won't be entitled to the SDP on top of his ESA.

      Being in the WRAG means he'll need to attend those appointments however often they'll be and if he doesn't attend them then yes he'll be sanctioned, i'm afraid.

      For the PIP assessment the successful Tribunal won't help his PIP cvlaim sadly. Sometimes a PIP claim can be useful for an ESA claim for Support Group descriptors. For example, if a person claims Enhanced mobility PIP for the moving around part because they can't walk more than 20 metres regular, and reliably then they can use this for their ESA claim because this is one of the descriptors to get put into the support group.

      I'm glad you're able to understand they way  i expain things. I guess i'm used to explaining the simple way wink Good luck to your son for his PIP assessment. They mostly do send people for assessments even if they tick the no change boxes. Don't forget to ring a few days later to ask for the assessment report to be sent to him. This will give you some idea on what the decision is likely to be because the decision maker mostly goes with that report. Good luck and please come back and let us know the outcome x

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    • Posted

      Thank you for taking the time to reply.  I will be back to let you know how my son gets on with his f2f.  Also I will ask for the assessment report after a few days as we did not ask for one last year after the f2f.  If we had asked for this report last year I think we would of been pretty sure that he was successful in his claim as the assessor was very honest & observant in his report.

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