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Thread: Just had my ESA Tribunal today ...

  1. #1
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    Just had my ESA Tribunal today ...

    ... I WON. Been awarded for 2 years. Thank you, to everyone who has given me advice over the last few month.

    Went from 0 points on Assessment to 15 points for Activity 1 (a). I think this puts me in Support Group. The Doctor seemed to give me a bit of a hard time, but I was able to answer everything he asked. Welfare rights officer I had was brilliant aswell.


    I have a JSA Sign On appointment 4th Jan. Do I still need to attend, and do job searches and apply for jobs until I start getting ESA?

    Also what money should I expect being on ESA Support Group, with DLA (low care, high mobility), do I qualify for a disability premium?

    Am I entitled to any back money?
    I was on IB/SDA and DLA. IB/SDA was £105.35 weekly, and when I went onto JSA plus disability premium I was still on £105.35 weekly plus DLA.

    ***edit*** according to a benefits calculator I should be getting £125.05 weekly. So the question is, as I should of been getting that since Assessment date in August, should I be entitled to £125.05 - £105.35 = £19.70 extra per week since August? I've had 9 JSA payments, so thats 18 x £19.70 = £354.60 I think I'm owed.
    Last edited by abcd69; 16-12-15 at 13:40.

  2. #2
    Senior Member nukecad's Avatar
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    Firstly, congratulations on your appeal win.

    Secondly, please calm down a bit.

    You have got 15 points which puts you in WRAG, you need to qualify on one of the further LCWRA descriptors to be in Support Group.
    (Points alone do not put you in SG, it doesn't work like that).

    Did the tribunal say that you were in SG?
    Did they give you the decision letter there and then, that should tell you?

    I don't mean to rain on your parade here, but you seem to have assumed that you have been awarded SG, but nothing you say indicates this yet.
    Until you have in writing just what you have been awarded then its too early to count your chickens (or backpayment).

    The good news is that as you have been awarded ESA then you have to close your claim for JSA, you can't get both at the same time.
    Again - wait until you have your ESA award in writing before closing your JSA claim.

    This means that all JSA appointments and jobsearching is off from that date, but I would keep doing you Jobseekers Agreement activities until the date that you actually close your claim.
    (Believe it or not people have been sanctioned for not doing JSA activites right up until the date their claim was closed, even after they had found a job).
    I don't know everything. - But I'm good at searching for, and finding, stuff.

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  3. #3
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    The 15 points is for activity 1 only, says Activity 1 (a) 15 points.
    It says I am entitled to Employment and Support Allowance ESA with the Support Component.

  4. #4
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    If they've given you the full 15 points for Activity 1 - mobilising, that will qualify for the LCWRA Descrptor for SG. Though you need to remember that the 2yrs is only a recommendation, lets hope they adhere to it.
    SG payment is £109 a week, though you may qualify for Premiums (EDP etc), congratulations.


    NB:
    You should ring your JC adviser and inform them about your win, they should then cancel your appointments.
    Last edited by Jard; 16-12-15 at 14:30. Reason: Adding text

  5. #5
    Senior Member nukecad's Avatar
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    Quote Originally Posted by abcd69 View Post
    The 15 points is for activity 1 only, says Activity 1 (a) 15 points.
    It says I am entitled to Employment and Support Allowance ESA with the Support Component.
    Fine then, as long as you have it in writing that you have been awarded the support component.

    Activity 1(a) in the LCW descriptors is:

    1(a) Cannot unaided by another
    person either:
    (i) Mobilise more than 50
    metres on level ground
    without stopping in order
    to avoid significant
    discomfort or exhaustion;
    or

    (ii) repeatedly mobilise 50
    metres within a reasonable
    timescale because of
    significant discomfort or
    exhaustion.


    and gives 15 points on it own (thus qualifying for ESA WRAG).

    Although they don't specifically state it the tribunal has probably taken this as meaning you also qualify for Support Group by means of LCWRA descriptor 1(a) which says:

    Incorrect descriptor removed, My apologies to all.
    Last edited by nukecad; 16-12-15 at 17:50.
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  6. #6
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    more than 30 metres without repeatedly
    stopping, experiencing breathlessness or
    severe discomfort
    ?? I thought the distance was 50 Metres ??

  7. #7
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    Have they changed it to 30 metres now? Sure it was 50 metres back in July/August. I have it in writing from the tribunal. I didn't talk to them about the decision, the welfare rights officer went back in to see them while I waiting in the waiting room.


    Is back pay likely to inc EDP?

  8. #8
    Senior Member nukecad's Avatar
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    That's directly quoted from the ESA regulations 2008 as revised 31/08/2015.

    But be careful here:

    Wrong info. removed

    The LCW (Work related activity group) descriptor 1 has catagories for:
    1(a) 50 meters (15 points)
    1(c) 100 meters (9 points)
    1(d) 200 meters (6 points)

    It's always important when using descriptor numbers to say which set of descriptors you are talking about.
    Last edited by nukecad; 16-12-15 at 17:59.
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  9. #9
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    My assessment was in July, before that amendment, so I guess they couldn't use the 30 metre rule, as in July it was 50 metres for support group. Altho even if they could, I would still of qualified as I would of been in too much pain/discomfort within 30 metres.

  10. #10
    Senior Member nukecad's Avatar
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    Wrong information removed.
    Last edited by nukecad; 16-12-15 at 18:05.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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