Work-related activity ESA

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Work-related activity ESA

Postby Depp_lover1980 » Wed Jan 09, 2013 5:13 pm

Well after 14 months of being turned down by the decision-maker, I won my appeal at the Magistrates Court.

I have been placed in the work-related group and I understood what this means - I will apply for jobs, but just cancel any interviews due to illness, I was shocked that the judge advised this!!! He was very much on my side and said my decision won't be looked at again for 24 months.

What I am looking to know is this:

Will I be back-payed to the higher amount since my claim went in? Has anyone experience of this?

Also, if anyone wants to give me their email address I am happy to send my template, as he also praised my appeal!!
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Re: Work-related activity ESA

Postby sorrento » Wed Jan 09, 2013 5:42 pm

Well done :-D I thought that if you canceled interview due to illness benefits would stop?
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Re: Work-related activity ESA

Postby denys » Wed Jan 09, 2013 5:49 pm

Great news not sure but I would imagine you would get backdated to the start of your claim, maybe give them a ring to check. I too thought if you cancelled interviews due to illness you would be penalised, maybe getting a note from your doc each time would cover you :dunno: :dunno: :dunno:
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Re: Work-related activity ESA

Postby romany65 » Wed Jan 09, 2013 6:07 pm

Congrats on winning the battle. Word of caution though I understand that in WRAG you only get payment for 12 months (contribution based) however you can then apply for income related ESA this is much harder to get and if you have a working partner you are unlikely to get it!! also You will get penalised if you cancel interviews due to illness…Something that baffles me, as reason getting ESA is too ill to work?? My ESA due to stop in a few weeks as been on it almost a year (WRAG) and as hubby works we will be £400 a month short, and we are struggling at the moment!! it beggars belief that the sick can be discriminated against and left with NO money! I have several conditions along with Fibro I also have Hypermobility syndrome which means my joints are totally unstable and I fall and stumble. I am aslo Hypothyroid and have Crohns desease. I have bad days and really bad days very few are ok days….as in late 50's no one would rightfully employ me, even if I were fit for work! and the goverment have moved the goal posts so that the pension I would have got at 60 will not now be paid till I am 66 ( if I live that long!)….So just how hubby and I will pay our bills I have no idea.
Wishing you well xx
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Re: Work-related activity ESA

Postby Depp_lover1980 » Wed Jan 09, 2013 6:24 pm

Hmmm, I will check this out then, as the judge said you only need to be seen to be doing minimal work-related activity. If I have to go to the interviews to tell them all about my illness I will!! Sure they will snap me up in a second! :lol:
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Re: Work-related activity ESA

Postby li-li » Wed Jan 09, 2013 6:41 pm

I am really baffled by benefits but need to apply for something as we are really struggling and the only income I was getting was dla (which they have now stopped) so would be grateful of your template to help me . I am going to cab next week to get some advise too
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Re: Work-related activity ESA

Postby denys » Wed Jan 09, 2013 7:18 pm

:goodluck1: Li li :fingerscrossed:
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Re: Work-related activity ESA

Postby padders » Wed Jan 09, 2013 8:45 pm

Hi I am lucky on in the support group so don't have to look and attend interviews. But my friend is in the work related one and she cancelled a couple of interviews and was called in to discuss it and was told if she didn't attend the next one her benefit would be stopped. Also they rang the company she had interviews with to see how she did and what she told them and if she was appropriately dressed for attending interviews!! So be aware they will check on you and will stop benefits. I wish you luck.
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Re: Work-related activity ESA

Postby Depp_lover1980 » Thu Jan 10, 2013 4:23 pm

Well i've found out I am on income-related esa, as my contribution ran out a long time ago. My case won't be assessed for another 24 months as per the judges say, this is good news of course but i'll still feel better once I know what I have to adhere to and whether they'll back pay me.

I have done quite a bit of internet reading around work-related and it seems to vary from city to city depending on how many workers they have for this catergory. Some cities pretty much leave you well alone, some are a bit harsher, so I will have to see. The legislation states you don't have to take a job, even if offered one, if your medical condition hasn't improved (so docs notes etc).

I definately feel better and no longer waiting in limbo like I was, that is a horrible feeling.
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Re: Work-related activity ESA

Postby Depp_lover1980 » Thu Jan 10, 2013 4:24 pm

It made me sick thinking I would owe them 2 grand if found 'fit to work'.
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Re: Work-related activity ESA

Postby lynn66 » Mon Jan 14, 2013 7:20 pm

hi everyone i have been put into wrag group i have fibro,chronic asthmatic,underactive thyroid,depression and severe pain everyday on the left side of my head that is cause by the nerves in my head prescibed tegratol for the rest of my life,well anyway went to my interview with wrag today completely in pain and breathing was almost unbearable,the gentleman i saw knew all about fibromyalgia what a relief someone knew about the struggle i took along my partner who cares for me 24/7 a day,the advisor advised me to ask for support group and appeal as he said you should be in support group,but i do need to send you for wrag but by no means can they make you work or do any thing you are not comfortable with,he also said my money will not stop if i appeal against the decision of being in wrag,and if you are worse to attend any of the meetings just ring to let dwp know you wont be in due to illness,he also advised us to go to cab for help to appeal so we have decide to appeal against there decision,also i have a dla tribunal in febuary so fingers cross :-)
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Re: Work-related activity ESA

Postby macca » Mon Jan 14, 2013 8:00 pm

Hi, have a read of this thread that documents the fight we had to have my wife moved to the support group, it may help you along the way. Above all else fight all the way no matter how frustrating it gets, it can be done.

viewtopic.php?f=11&t=15835

Macca ;-)
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Re: Work-related activity ESA

Postby zappa20 » Tue Jan 15, 2013 5:58 am

Depp_lover1980 wrote: My case won't be assessed for another 24 months as per the judges say, this is good news of course but i'll still feel better once I know what I have to adhere to and whether they'll back pay me.
.


you'll defintely get backdate rates paid, but it can take them a few weeks to get the paperwork processed. Unfortuantley as people are now finding , the reassessment date recommended by the judge is just that a recommendation and ahs no legal basis. Many people are winning their appeals at a Tribunal only for another ESA form to drop through their letterbox a few months later and the whole merry go round process starts again. Also reading about this happening to people put in WRAG who've successfully appealed to be put in the Support Group, being reassessed a few months after their Tribunal.

Whole process is a shambles and the only people winning out of it are ATOS who are paid for each assessment.
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Re: Work-related activity ESA

Postby macca » Tue Jan 15, 2013 1:29 pm

I guess that's because only DWP have the 'real' power to determine review dates and don't like it when appeal judges overturn decisions. A bit of 'oneupmanship' perhaps? if so these guys clearly aren't too concerned about damaging peoples lives in the process eh?

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Re: Work-related activity ESA

Postby zappa20 » Wed Jan 16, 2013 2:25 am

Think it's always been the DWP that set the review date not the Tribunal, their decision is whether it's ESA is awarded or not.

Another reason could be an appeal and decision is based on the info and condition of someone at the time of the assessment. Can take 12 to 18 months for an appeal to be heard. So in effect by the time the Tribunal decision is made, it could technically for some but not all people be out of date.

Very impersonal and doesn't allow for individual circumstances. The ATOS and ESA system just seems to be a big impersonal automated system or machine that never stops.
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