ESA appeal win after upper tier back dating new claim period
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des147
Posts: 17 Forumite
Hi maybe a little complex but maybe someone will be able to answer this. The history of my claim is this.
5.2.13 ESA claim made 0 points at assessment but later awarded after appeal win WRAG group all benefit backdated .
5.7.16 re-assessment decision 0 points appeal lodged placed on assessment rate pending appeal.
12.12.16 appeal heard 6 pts no limited capability to work claim closed. Decided to go to upper tier
13.12.16 New claim made under worsening of condition old claim closed by call center staff. 13.3.17 Placed into support group no assessment needed paper based taking into account new evidence entitlement 1 yr.
Meanwhile upper tier sets aside 12.12.16 LT appeal ruling due to all even numbed pages of my appeal submission not been present (photo copy error by tribunal service) re hearing ordered.
18.10.17 Lower tier tribunal re hearing heard decision appeal allowed 15pts support group. no reassessment for 18 mths from 18.10.17.
Im aware that backdated benefit is now due from 5.7.16 date of DWP DM decision to 12.12.16 date claim was closed and new claim made on 13.12.16.
My query is would an award of the higher rate ESA be eligible for the the period 13.12.16 to 13.3.17 this period was at lower rate pending WCA of new claim.
I feel that if I have proved limited capability for work and was forced to make new claim on 13.12.16 which had original hearing come to today findings of awarding ESA I would NOThave been forced to close claim an make new claim
Or is it a case of missing out on the period 13.12.16 to 13.3.17 which was time spent on assessment rate.
Also the 18.10.17 tribunal expressed no re assessment for 18 month period which would be approx April 2019. However the paper based assessment which saw an award made on 13.3.17 suggested 1 year award Feb 2018.
Will the DWP adhere to the this new subsequent recommendation of no re assessment till April 2019
5.2.13 ESA claim made 0 points at assessment but later awarded after appeal win WRAG group all benefit backdated .
5.7.16 re-assessment decision 0 points appeal lodged placed on assessment rate pending appeal.
12.12.16 appeal heard 6 pts no limited capability to work claim closed. Decided to go to upper tier
13.12.16 New claim made under worsening of condition old claim closed by call center staff. 13.3.17 Placed into support group no assessment needed paper based taking into account new evidence entitlement 1 yr.
Meanwhile upper tier sets aside 12.12.16 LT appeal ruling due to all even numbed pages of my appeal submission not been present (photo copy error by tribunal service) re hearing ordered.
18.10.17 Lower tier tribunal re hearing heard decision appeal allowed 15pts support group. no reassessment for 18 mths from 18.10.17.
Im aware that backdated benefit is now due from 5.7.16 date of DWP DM decision to 12.12.16 date claim was closed and new claim made on 13.12.16.
My query is would an award of the higher rate ESA be eligible for the the period 13.12.16 to 13.3.17 this period was at lower rate pending WCA of new claim.
I feel that if I have proved limited capability for work and was forced to make new claim on 13.12.16 which had original hearing come to today findings of awarding ESA I would NOThave been forced to close claim an make new claim
Or is it a case of missing out on the period 13.12.16 to 13.3.17 which was time spent on assessment rate.
Also the 18.10.17 tribunal expressed no re assessment for 18 month period which would be approx April 2019. However the paper based assessment which saw an award made on 13.3.17 suggested 1 year award Feb 2018.
Will the DWP adhere to the this new subsequent recommendation of no re assessment till April 2019
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Comments
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"My query is would an award of the higher rate ESA be eligible for the the period 13.12.16 to 24.2.17 this period was at lower rate pending WCA of new claim."
I don't believe so. I think the FTT second hearing award would relate to a fixed time period 5/7/16 to 13/12/16.
The tribunal are ruling on the decision of 5/7/16, they consider the DWP decision at that date. The tribunal ruling will not extend to your new claim (as your condition may then have changed at that point).
I can't tell you how the DWP will apply this to your new claim.
"Also the 18.10.17 tribunal expressed no re assessment for 18 month period which would be approx April 2019. "
This is a recommendation, the DWP are not bound to follow it.
My experience is different to epitome's post below. Often the DWP do not follow this recommendation.
However, if the Tribunal Service have to rule on a claimant's case (again) where there previous recommendation has been ignored, they are not best pleased with the DWP!Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.0 -
Thank you for your reply Alice Holt..
A consequence of been forced to make a new claim 13.12.16 is that my new claim is no longer concurrent from 5.2.13. Never the less and correct me if wrong this new claim was made prior to rule changes of April 2017 so in future if Im dropped from SG to WRAG I will still keep my WRAG premium under old rules.
I do hope someone pops up to say DWP must include higher rate payments for pre assessment period of the new claim 13.12.16 until higher rate award 24.2.17 and that they must merge the claims as concurrent.
We live in hope come forth ye Saint of good news!0 -
My query is would an award of the higher rate ESA be eligible for the the period 13.12.16 to 24.2.17 this period was at lower rate pending WCA of new claim.
You will be owed Support Group Rate from 05/07/16 - 13/03/17
I assume they did not pay you SG rate for the first 13 weeks of your claim that started 13/12/16, so SG rate would have started from 13/03/17 (approx)...simply because the LT has found the decision approx-05/07/16 to be changed for SG.
No.Or is it a case of missing out on the period 13.12.16 to 24.2.17 which was time spent on assessment rate.
They generally do, and you can ask that they reasonably follow the tribunals recommendation.Also the 18.10.17 tribunal expressed no re assessment for 18 month period which would be approx April 2019. However the paper based assessment which saw an award made on 24.2.17 suggested 1 year award Feb 2018.
Will the DWP adhere to the this new subsequent recommendation of no re assessment till April 2019
When you have been paid your arrears...you will know that everything will have been finalised on their record systems. So after you have had your arrears...phone ESA and ask them to look in screen JA791 and tell you what is the end date of the PCA (Personal Capability Assessment period) - the uppermost (top) line on that screen. It should be April 2019..... If it is still February 2018...ask them to read the notes from the appeal win...do the notes dated October 2017 say "Appeal Allowed SG prognosis 18 Months"
If the notes do say this...ask for a call back from "Maintenance - WCA"
To have the date in JA791 changed to April 2019
If the notes do not say this....ask for a call back from the Decision Maker (Verbal Explanation call) to agree with you that the court have recommended not to be reassessed until April 2019...and you would like the DM to order the same from their Claim Maintenance team.0 -
Epitome
Many thanks for your very informative reply you hold weath of knowledge to the system. I have placed copy of your instruction into my google drive in order to reflect upon later when the payments settled. I will follow your instruction to the letter at the appropriate time.
The LT decision notice does indeed state the reassessment recommendation of 18 mths.
I plan tomorrow to forward a copy of the decision letter with a copy of my GP letter who states the problems claiming ESA have caused my symptoms to worsen. With a cover letter asking the DM to follow the tribunal recommendation and to take on board what my GP letter states.
Many thanks for the Reply epitome bringer of brill news.0 -
Alice_Holt wrote: »However, if the Tribunal Service have to rule on a claimant's case (again) where there previous recommendation has been ignored, they are not best pleased with the DWP!
That gave me an idea, in a worse case scenario the DWP ignore all my attempts to bring to their attention the tribunal recommendation and indeed an assessment takes place prior to April 2019 then need to appeal I could produce the recommendation as part of my appeal defense and as you say the DWP will be frowned upon.
Many thanks for that heads up Alice0 -
quick update in case anyone else finds themselves in similar situation and seeks help.
Today 6.11.17 I received back payment into my bank an letter dated 1.11.17 which would suggest administration of back payment after LT decision took 2 weeks but 3 for payment to arrive.
In concern to amount I was also backdated monies for the time I spend on assessment rate of the 2nd claim made 12/12/16 on assessment rate until 13/3/17. So in short back payment covered 5.7.16 to 13.3.170
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