To think winning my ESA appeal was pointless ?

[gazillion]

Please be gentle, I’m new and have had it up to here with health problems and struggling with DWP etc.
I had to stop working in Aug last year due to ortho problems, couldn’t function at work on the amount of Gabapentin I have to take. I have been on assessment rate ESA since then, so my year of contributions-based will end shortly. The bitch HCP at my WCA gave me 0 points in December 17, MR was the same, so I appealed. The hearing was today and I was told : ‘You are succesful’ and was given 6 points for Mobilising and 9 points for Standing & Sitting. No mention of Support Group, and it says ‘Gazillion is significantly limited’. I was told I don’t have to have another WCA for a year, but I don’t understand :

• whether I’ll be able to carry on getting contributions-based ESA, if my year of this has run out, I won’t qualify for income-related due to DP’s earnings
• am I in the Support Group ? I’m guessing not
• will I get any backdated difference between the Assessment rate and my new rate due to the 15 points I was awarded I rang the DWP who were useless, the Appeals people were nice but couldn’t help. Stressed. Thanks for reading & any advice / experiences G

Bump
Anyone, please ?

The bitch HCP

I think that you lost any sympathy at that point.

Totally unacceptable language to call any woman.

Why?? The OP had nil points awarded despite her telling us she is unable to work due to medication then for an appeal to actually award a 6 and a 9....there's a few choice words I'd be calling that HCP, bitch is actually mild

Thanks Combat, AFAIAK people who are, or defend those who are ‘HCPs’ are not worth replying to.

It sounds like the appeal has put you in the work related activity group so you will not qualify for ongoing payment when your 52 weeks contributions based ends.
In practical terms it doesn't help you but at least you have been vindicated on appeal.
In theory only those who are permanently and completely incapable would qualify for the support group so not sure why you thought you should get that?

Thanks goodness, I thought this too but DWP and the Appeals people contradict each other.

You will get backdated monies.

You should get it backdated, and should get something in the post to tell you if you’re in the support group or not. Given it’s only for a year, I’d expect you may well be.

Your letter from the dwp will tell you what group you've been placed in. This'll come in about 3 - 4 weeks time.
If you're in support group you'll get contributions based ESA for longer than 12 mths. If in wrag you'll only get the 12 mths
Yes, it'll be backdated including the difference.
Well done for pursuing the appeal.

You’re definitely in the WRAG, not support group (unless Reg 35 applied).

Thank you everyone. Thanks Hey for recognising the stress of the appeal, it was much worse than I'd expected.

You should get it backdated and if your not in the support group then apples again. If that is where’s you should rightfully be then sometimes you unfortunately have to fight for it

Apply not apples. Don’t apple the DWP you will get no where with them if you do that.

It's no mean feat gazillion - I've recently done the same with pip and it was the most stressful and soul destroying two hours of my life. Like you, I found it was worse than I expected and I consider myself pretty resilient.

Thanks everyone. I would willingly apple 🍎 the HCP who gave me 0 points. What a ridiculous system.

I’m not sure what difference you think there will be to be backdated? There is no extra element being paid to people in the wrag, so the rate is the same pre and post assessment.

I handle all my sister’s dwp benefits. She was once assessed at zero points by a HCP - the assessment lasted 17 minutes with her typying for at least 12. I appealed in writing and my sister was awarded 21 points and received more than £1k in backdated payments. Calling her a bitch would have been mild

Well done Senior, for navigating this system for your sister. I don’t know how these HCPs can live with themselves, they are a disgrace to the nursing profession. I complained to Maximus & the RCN about this one, and am taking it to the ICE now, I’m not letting her get away with it.
G

The assessment rate and work related group rate are the same so there won’t be a difference in weekly amount my, however it will get backdated. Once the contribution based period ends you will still have an underlying entitlement to income based (even though you won’t get any money) this will mean that you at least get your stamp paid. You could try applying for PIP if your condition is unlikely to improve in the next 12 months.