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Won first tier tribunal, what next

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martyn_34625
martyn_34625

I've been on esa since Nov 2013 and finally had medical earlier this year. After reciving 0 points , I asked for a mandatory review and also failed that. I took it to first tier tribunal hearing which I had two weeks ago and was put in my favour and awarded 18 points and placed on work related activity component and to be assessed in 2 yrs and I would no longer have to attend jobcentre or send sicknotes. I recived my paperwork from the court 2 days after hearing but yet still had to attend jobcentre today as I am still on jsa and no word from esa. What's more worrying is that I've heard that dwp can appeal the courts decision and overule the appeal hearing decision. Any ideas on timescale or advice would be much appreciated

0 likes, 4 replies

4 Replies

  • les59996
    les59996 martyn_34625

    Posted

    You are still signing on and claiming JSA yet have been awarded ESA?

    Do you intend to remain on JSA? Most people move off JSA back onto ESA shortly after they submitted their appeal to the Tribunal Service.

    • martyn_34625
      martyn_34625 les59996

      Posted

      After my mandatory review I was allowed another 13 weeks of extended esa then put back onto jsa whilst waiting for the hearing which was now two weeks ago.
    • martyn_34625
      martyn_34625

      Posted

      I did not want to go on to jsa but was told was my only option whilst waiting for hearing
    • anthony97723
      anthony97723 martyn_34625

      Posted

      Hi Martyn

      The above comments are referring to how things used to be done. But since October 2013 the process changed and other benefits had to be claimed until the appeal process was completed.

      I would contact ESA and ask when you will be transferred over. You should also be entitled to back dated benefit (the compoent part). If you are placed in the Work Related Activity Group you are expected to do a minium of job seeking.

      It is a bit of a grey area and seems to vary from area to area but it is far less burden some than when you are on JSA.

      You don't have to provide sick notes but you will be reassessed in 2 years time.

      The DWP can appeal but would have to have very good grounds for doing so i.e. an error in law and would have to go to the High Court to do so. It is a lengthy process and expensive and as your award is for 2 years it would seem pretty pointless and there is time limits on making an appeal.

      I can't remember the exact time but its usually around 28/30 days from the day after the Tribunal so you are over half way now.

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