Won my ESA appeal, What happens with backdated money?

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Hi I was wondering if someone who knows how the benefits system works can help me?

I just won my ESA appeal and I read that you are intitled to get backdated money from after the first three months of your ESA claim.

But is there a limit to how much of it you can claim?

It's just that i've waited roughly a year on my appeal and I can't see the DWP paying all that money.

Any help will be much apperciated.
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Comments

  • There is no limit and you should be backdated to week 14 of your claim.
    Sometimes it seems that just when I think I have reached rock bottom, someone hands me a shovel.
  • Muttleythefrog
    Muttleythefrog Posts: 19,725
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    As above. Although it has taken ages to have your appeal and get the decision... the decision in financial terms applies from week 14... so any monies you would have gotten extra had they rightly awarded you the higher rate at week 14 onwards they will now have to pay you.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • hi...ive been on esa for about 2 years and had a repeat medical last august in which i failed...appealed and won the appeal last week...i was just wondering as i was on esa and failed my medical would i get backdated money from when i failed the medical as the 13 week assesment phase i already did a year previous..or would i get backdated money from another 13 week assesment phase...also how long after the appeal should you expect backdated money..thankyou
  • Muttleythefrog
    Muttleythefrog Posts: 19,725
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    edited 28 July 2011 at 3:31PM
    mattyell85 wrote: »
    hi...ive been on esa for about 2 years and had a repeat medical last august in which i failed...appealed and won the appeal last week...i was just wondering as i was on esa and failed my medical would i get backdated money from when i failed the medical as the 13 week assesment phase i already did a year previous..or would i get backdated money from another 13 week assesment phase...also how long after the appeal should you expect backdated money..thankyou

    Let's see... so you applied for ESA, passed the WCA after assessment period... may have had re-assessments since and passed them...but had a re-assessment in august and failed. You appealed and won last week.

    The tribunal decision is a redetermination of the decision that you failed the WCA at re-assessment in August and it applies at that time. So any extra monies you should have been getting but didn't because they 'got the decision wrong' in august is now due to you. If you've been getting assessment rate ESA while waiting for appeal then you should get a backdated amount appropriate to the component (WRAG/Support group plus any extras like EDP) the tribunal awarded for the period you should have been getting it.

    (The issue of assessment period is null in your case.. it no longer is an issue.. you served it the once and this is an ongoing claim thereafter)

    I'd give them at least a couple weeks to process the tribunal result and change your regular fortnightly payment and then make backdated payment.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • carolannie
    carolannie Posts: 106 Forumite
    Help
    Hi I was wondering if someone who knows how the benefits system works can help me?

    I just won my ESA appeal and I read that you are intitled to get backdated money from after the first three months of your ESA claim. ed.

    Do you have any advice for me, and others who are waiting for their tribunal?

    What happened and what did they ask you?

    Hope you don't mind me asking. I have been told it could be upto 6 months before I get a date.

    Thanks for any help
  • mattyell85
    mattyell85 Posts: 4 Newbie
    edited 3 August 2011 at 1:10PM
    how long does it normally take to process, my tribunal hearing was over 2 weeks ago i thought it would have been processed and sorted by now?

    do you normally get a letter before any money is backdated to you?

    thankyou
  • carolannie wrote: »
    Do you have any advice for me, and others who are waiting for their tribunal?

    What happened and what did they ask you?

    Hope you don't mind me asking. I have been told it could be upto 6 months before I get a date.

    Thanks for any help


    hello...i waited almost a year for my tribunal hearing which was a few weeks ago...awarded zero points at medical..left the hearing with 15 points..i read alot of people saying that the tribunal was scary and horrible and that they dont give you a chance...mine was completley different..the dr at the hearing done alot of talking in my favour and changed the dwp,s decision. without me really explaining myself, i think that if you go in there and play on your illness they kind of see your milking it, if you give small answers straight to the point they understand a bit more. hope everything works out.
  • morledge142
    morledge142 Posts: 354 Forumite
    I didn't even havce to attend mine.

    they rang that morning and said i had been awarded extra points i needed.

    so i think the judge/doc must go through cases that morning as mine was not until 3pm unless as oh said he wanted to leave early.

    just waiting tohear about money now.

    mine took a year and did not get date until a few weeks ago.

    :j
  • tribunal was 3 weeks ago now...still aint heard anything with regards money going back up or backdated money...you try and ring and can never get through....how long does it normally take to recieve something from them?
  • I too have just won my tribunal. I have never received any payment and so will the benefit be backdated the 18 months it has taken to get to court and win my case?
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