I have won my ESA appeal but I Don't understand the decision notice

Can anyone please tell me what all this means ?

1. The appeal is allowed

2 The decision Made on 12 November 2012 is set aside

3. Miss ** is entitled to ESA with the work-related activity component

4. This is because insufficient points were scored to meet the threshold for the work capability assessment, but regulation 29 of ESA regulations 2008 applied

5. No schedule 3 descriptor applied. regulation 35 does not apply.

6. the tribunal recommends that the department does not reassess the appellant within 12 months from today's date

if anyone can help with questions 345&6 I would like to understand this. this is all that's stated on the award letter & I'm not sure of what points I scored. will I receive this information? thanks

7 Replies

  • Here is a link to the ESA regulations 2008


    perhaps wading through it it will make more sense.

    Just from the points you have made it sounds like you will be in the working group for 12 months.

  • That is good news! Please check with someone who provides up to date welfare rights advice because things seem to be changing at a really fast pace. The link below is about regulations 29 and 35 BUT I don't know how up to date they are.


    You might have to ask for the points from DWP but question 4 seems to suggest that you didn't get enough points on the descriptors. They used regulation 29 to decide that your illness has such an impact on you that you can't be expected to work but you can participate in some activities.

    Schedule 3 is a list of descriptors and they say that you don't meet any of those. Regulation 35 is the one that covers “a substantial risk” to “mental or physical health”.The tribunal decided that neither of these apply to you.

    The decision means that you may have to take part in some things like work focused health assessments or some work focused activities. They will probably contact you soon to tell you what you have to do next - or you could ring them on Monday.

    It's really important that you find out more about this because if you do not participate in the things that they ask you to do, your benefit can be 'sanctioned'. If your health is really poor, you might need some help/ support from an experienced adviser, to make sure that you are not put in the position where your benefit is sanctioned.

    They have recommended that you are not to be reassessed for a year from the date of the letter.

    As I said, it would be worth while getting advice from CAB or someone like that - it may be that you could appeal that decision, depending on your health.

    The PBC foundation might be able to point you in the direction of an adviser who is experienced in dealing with people with PBC

    Sorry this is so long

  • Hi SC49. The ladys appeal letter above, which you answered to, i got 'exactly' the same. But 5 weeks after i got a letter stating DWP were asking for 'statement of reasons'. Can i ask you something please: Is there, by law, any time scales that the DWP have to adhere to? (my appeal started September 2012!) The 14th August 2013 i got the result & today is the 30th October 2013. I have made a complaint through the proper channels, but basically all i got was an apology & that the department were busy. I am now about to write to the Director General Operations, Noel Shanahan in London. If you, anyone knows about any time limits regarding the DWP, i'd be ever so grateful. Sincerely appreciate any help. Thanks

  • I haven't been able to find anything intheir rules that gives a timescale for anything that they do! It all has to be 'reasonable' but as usual there is no definition of 'reasonable'. The only thing I can suggest is that you find an organisation that has experience of dealing with DWP - preferable an organisation that has experience of the legal side and who can advise you about how to push them along. It is a sad state of affairs that people can be left dangling like this. They seem to be a law unto themselves.

    I have got a lot of information from groups like 4up and fightback - both of whom are on facebook. They have documents on their sites that cover a lot of the questions that arise before during and after tribunals.

    Neata is right that if you have an income outside ESA, you may not qualify for any money from them.

  • Thanks SC49, i really do appreciate your help sir. I will look into the groups you mentioned, i'm sure that this can't be correct in the long time each process is taking. Thanks again.

  • My understanding is in WrAG group after 365 days on contribution based ESA all payments stop unless you are in the income based ESA group,if your condition has deteriated since your medical you can ask to be reassessed to be put into the support group of ESA ,you need help on this Neata

  • Thankyou all for your help . I'm a bit more understanding now.. I only won my appeal 10 days ago, now waiting on some feed back. I need to learn over the net as I can't get out often because I panic & its awful. The panel were great just felt I was cut short to what I wanted to say. I've been suffering in pain also in my abdomen & only just got my results back from my doctors after my appeal . Steph

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