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Have i won ?? if so Awaiting back payment & understanding the result of esa

I appealed to the tribunal regarding being taken out of support group esa and being put in wrag esa today received my letter with the decision notice can any tell me have i won or lost my appeal to be put back in to the support group esa this is the letter

1. the appeal is allowed

2. the decision made on 06/12/12 is set aside

3..mrs ** is entitled to esa with support component

in applying the work capability assessment 18 points were scored from the activities and descriptors in schedule 2 of esareg 2008

4. no descriptor from schedule 3 of esa reg 2008 was satisfied BUT regulation 35(2)(B) OF THE ESA REG 2008 APPLIED

5. the tribunal reached a different conclusion having regard to physical factors,on substantially the same facts

please can some one tell me have i won or lost my appeal

im finding it difficult to understand the outcome

If I have won anyone know how long it takes before I will be backdated payments had no money since Nov 2012

will i get a letter from esa payment team ??

Thank you in advance

7 Replies

I can understand your confusion but I think you've won your appeal. Do others agree? If so congratulations!


I think it sounds like you won. I think I would phone them on Monday and ask them to translate it to you so you know for sure. You could also ask them when you might see your backdated money in your account.


Looks to me like you won it as well.


Looks like you've won ,congrats xx


Thank you everyone for your congrats ...still dont know anything more so I think will just have to wait till i get a letter or money in my bank, I do hope I have been put into the support group :)


yes you have won. The first phrase verifies this ( your appeal is allowed) The set aside means the previous decision has been overturned and is no longer applicable to you. The descripter of schedule 2 reg 2008. This is one of the many technicalities of the medical assessment which has been used by the panel to justify their new and ir-reversible decision. Please refer to descripter 2.

The descriptor shedule 3 were used by the esa to transfer you into a work related group which has been set aside. This is confirmed in the last part of the tribunal statement which basically means there has not been any changes in your medical conditions to justify work related activity. You have won your support group appeal and will receive payments backdated from when your money was reduced or stopped. The bad news is, this can take several weeks from 6 - 8 or 13 weeks. Hope this is useful to you and many congrats. DTEES.


I also won my appeal (20th feb 2013) and am still waiting for back pay (21 april 2013) is this normal? Phoned them a couple ov times but keep geting told they avnt heard anything from tribunal


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