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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA – migration cases – inaccurate IRESA assessments?

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Daphne
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Ideally by the end of today Tom as I have to draft the response by next Monday

     
PeterCAS
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My client has just received her letter awarding her the IB ESA back-dated to October 2014, though the error dates from 2013. What do we do now? Put in an MR request, so that we are within 1 month of the decision? Wait until we see what all the campaigning and legal arguments bring up? If we go the MR route what do we say?

     
Helen Rogers
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I have just received the apapers for an appeal for backdating to go further back than October 2014 for an ESA migration case.  The DWP asked the Tribunals Service to strike it out, but the Judge has said no.  They didn’t even write to us to ask for our objections.

     
PeterCAS
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PeterCAS - 09 May 2018 02:49 PM

My client has just received her letter awarding her the IB ESA back-dated to October 2014, though the error dates from 2013. What do we do now? Put in an MR request, so that we are within 1 month of the decision? Wait until we see what all the campaigning and legal arguments bring up? If we go the MR route what do we say?

If we’re going for an MR, we need to act in the next few days. Would really appreciate some advice.

     
Peter Turville
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see Simon Osborne’s WRB article - final section:  http://www.cpag.org.uk/content/esa-arrears-why-claimants-may-lose-out

     
PeterCAS
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Peter Turville - 15 May 2018 09:20 AM

see Simon Osborne’s WRB article - final section:  http://www.cpag.org.uk/content/esa-arrears-why-claimants-may-lose-out

Many thanks. Just what I needed.

The article ends with “Clearly, however, this will require claimants (or at least their advisers) to remain vigilant for developments.” Can you suggest how I should advise a capable client, who probably doesn’t read a newspaper daily, how they can “remain vigilant for developments” without having to trawl through a lot of irrelevant material? Or are they dependant on me?

     
Daphne
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The DWP have told us - via stakeholders forum and only verbally - that should the JR challenge be successful and DWP accept it is official error and full backdating should be given - then they will have all the information from this trawl that they need to pay out additional backdating due and it would happen automatically.

But it might still be sensible to keep a list of any clients you have with a view to updating them as and when…

     
Daphne
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NAWRA has submitted its response to the Public Accounts Committee - evidence based heavily on this thread so thanks to all contributors!

     

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Daphne
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A further favour. I’m giving evidence to the PAC on Monday on behalf of NAWRA and the PAC want examples of the human impact. I didn’t ask about that in the NAWRA survey so if any of you have any examples of how the whole thing has impacted on your clients could you direct message me them - while I can speak generally it would be great to have some real stories - thanks very much

     
Martin Williams
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If any other organisations responded to the Public Accounts Committee enquiry, CPAG would be very grateful to have sight of your submissions which may prove helpful in the ongoing application for judicial review on this issue. Please PM me if you did do submissions.

In terms of an update on the case- it has now been transferred from the Admin Court to the Upper Tribunal and directions on a rolled up hearing are awaited. We have still not seen the SSWP arguments in defence but should hopefully (assuming proposed directions agreed between the parties are accepted by the UT) get them on 06/06/2018. (R(DS) v SSWP - case reference: JR/1249/2018).

Thanks.

Martin.

     
Martin Williams
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Martin Williams - 17 May 2018 10:39 AM

If any other organisations responded to the Public Accounts Committee enquiry, CPAG would be very grateful to have sight of your submissions which may prove helpful in the ongoing application for judicial review on this issue. Please PM me if you did do submissions.
[....]
Thanks.

Martin.

Actually have just noted the PAC seems to have published all submissions they received: https://www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/inquiries/parliament-2017/employmentsupport-allowance-17-19/publications/

There were only 3.

It may be that these are just the electronic submissions and there is more to come so if you did send something let me know.

Martin

     
Daphne
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NAWRA have just had a reply from Esther McVey attached - now quoting SK - I think we now have to wait for outcome of CPAG’s JR (and also see what the Public Accounts Committee come out with)

     

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Owen Stevens
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Welfare Rights Service, Greenwich Council, London

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Best of luck at PAC today Daphne!

I thought the attached FOI response may be of interest

     

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shawn
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PAC evidence session with Daphne, and also Geoff Fimister from the Disability Benefits Consortium, starting now:

https://www.parliamentlive.tv/Event/Index/e0959b17-0039-4c13-8f20-9903245d3ed9

     
Helen Rogers
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I have received the appeal papers for my appeal for backdating before Oct 2014.  The Tribunals Service have refused to consider striking it out.  The DWP have requested that the appeal is stayed pending the Judicial Review in DS v SSWP (CO/1336/2018)