Main site > MoneySavingExpert.com Forums > Work & Benefits > Benefits & Tax Credits > Won my ESA appeal, What happens with backdated mo... (Page 1)

IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
Won my ESA appeal, What happens with backdated money?
Reply
Views: 52,903
Thread Tools Search this Thread Display Modes
# 1
ThePhantomSoapDodger
Old 22-06-2011, 8:44 PM
MoneySaving Newbie
 
Join Date: Jun 2011
Posts: 2
Post Won my ESA appeal, What happens with backdated money?

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.

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.
ThePhantomSoapDodger is offline
Reply With Quote Report Post
The Following User Says Thank You to ThePhantomSoapDodger For This Useful Post: Show me >>
# 2
wombles forever
Old 22-06-2011, 9:05 PM
MoneySaving Convert
 
Join Date: May 2011
Posts: 175
Default

There is no limit and you should be backdated to week 14 of your claim.
wombles forever is offline
Reply With Quote Report Post
The Following 2 Users Say Thank You to wombles forever For This Useful Post: Show me >>
# 3
Muttleythefrog
Old 22-06-2011, 11:39 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: Tyne & Wear
Posts: 6,405
Default

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.
Muttleythefrog is offline
Reply With Quote Report Post
The Following User Says Thank You to Muttleythefrog For This Useful Post: Show me >>
# 4
mattyell85
Old 28-07-2011, 3:37 PM
MoneySaving Newbie
 
Join Date: Jul 2011
Posts: 4
Default

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
mattyell85 is offline
Reply With Quote Report Post
The Following 2 Users Say Thank You to mattyell85 For This Useful Post: Show me >>
# 5
Muttleythefrog
Old 28-07-2011, 4:26 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: Tyne & Wear
Posts: 6,405
Default

Quote:
Originally Posted by mattyell85 View Post
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.

Last edited by Muttleythefrog; 28-07-2011 at 4:31 PM.
Muttleythefrog is offline
Reply With Quote Report Post
The Following 3 Users Say Thank You to Muttleythefrog For This Useful Post: Show me >>
# 6
carolannie
Old 28-07-2011, 4:46 PM
MoneySaving Convert
 
Join Date: Apr 2011
Posts: 105
Default

Quote:
Originally Posted by ThePhantomSoapDodger View Post
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
carolannie is offline
Reply With Quote Report Post
# 7
mattyell85
Old 03-08-2011, 2:08 PM
MoneySaving Newbie
 
Join Date: Jul 2011
Posts: 4
Default

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

Last edited by mattyell85; 03-08-2011 at 2:10 PM.
mattyell85 is offline
Reply With Quote Report Post
# 8
mattyell85
Old 03-08-2011, 2:14 PM
MoneySaving Newbie
 
Join Date: Jul 2011
Posts: 4
Default

Quote:
Originally Posted by carolannie View Post
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.
mattyell85 is offline
Reply With Quote Report Post
The Following User Says Thank You to mattyell85 For This Useful Post: Show me >>
# 9
morledge142
Old 04-08-2011, 8:15 AM
MoneySaving Stalwart
 
Join Date: Jan 2011
Posts: 352
Default

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.

morledge142 is offline
Reply With Quote Report Post
The Following User Says Thank You to morledge142 For This Useful Post: Show me >>
# 10
mattyell85
Old 08-08-2011, 10:14 PM
MoneySaving Newbie
 
Join Date: Jul 2011
Posts: 4
Default

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?
mattyell85 is offline
Reply With Quote Report Post
# 11
Ambra
Old 03-03-2012, 11:54 AM
MoneySaving Newbie
 
Join Date: Mar 2012
Posts: 1
Default

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?
Ambra is offline
Reply With Quote Report Post
# 12
Muttleythefrog
Old 03-03-2012, 12:11 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: Tyne & Wear
Posts: 6,405
Default

Quote:
Originally Posted by mattyell85 View Post
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?
Probably weeks for them to sort it out... sadly they can be very inefficient. Keep checking your bank account and if you can get through to confirm they have received the tribunal decision and 'push them along' then so the better.
Muttleythefrog is offline
Reply With Quote Report Post
# 13
Muttleythefrog
Old 03-03-2012, 12:13 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: Tyne & Wear
Posts: 6,405
Default

Quote:
Originally Posted by Ambra View Post
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?
No money? Most people claim assessment rate ESA while appealing... I hope you've not been left without income for that long.

Anyway... they will backdate any monies owed to either the beginning of week 14 of the claim if this is a new claim or otherwise to the date of the original decision to fail you on the WCA.
Muttleythefrog is offline
Reply With Quote Report Post
# 14
space80
Old 16-03-2012, 7:11 AM
MoneySaving Newbie
 
Join Date: Mar 2012
Posts: 1
Default

AMBRA

I dont want to worry you but as far as I understand it - ESA is paid from the start of a claim, not once you have had a medical.

If you have been awarded contributions based ESA and do not satisfy the contributions test, you will not be paid ESA regardless of whether you have won your medical assessment. You will only be awarded a stamp towards your future state pension.

I would suggest you contact ESA and ask them to clarify if you are claiming ESA contributions based or income based.

If you live with a partner who works certain hours or have another income/capital above certain thresholds, you will only be eligible for ESA contributions.

To satisfy the contributions test you must have worked/earnd/paid national insurance contributions. They look back at a couple of years I think. If you google 'ESA contributions test' it should explain how they decide.

My partner is awarded ESA Contributions, but as she has claimed for more than 12 months, her claim will cease to be paid as new ESA rules put a 12 month limit on ESA contribution claims. This rule change comes in 01/04/12.

Good luck.
space80 is offline
Reply With Quote Report Post
# 15
annie cardiff
Old 16-03-2012, 2:28 PM
MoneySaving Convert
 
Join Date: Jun 2008
Posts: 127
Default Backdated and still waiting

Quote:
Originally Posted by Muttleythefrog View Post
Probably weeks for them to sort it out... sadly they can be very inefficient. Keep checking your bank account and if you can get through to confirm they have received the tribunal decision and 'push them along' then so the better.
I also won at appeal and am still waiting 4 weeks on, they are now insisting on another sick note from me even though they received all appeal paperwork in Feb. They said yesterday another 4 to 6 weeks before money is paid to me !!!! It seems we have to be patient but they expect you to get to your gp , send in sick notes the same day !!!! If you ring to jog them along a bit ask for a call back from them , they have to return call within 4 or 5 working hours .
annie cardiff is offline
Reply With Quote Report Post
The Following User Says Thank You to annie cardiff For This Useful Post: Show me >>
# 16
utopiatowers1962
Old 09-04-2012, 4:40 AM
MoneySaving Newbie
 
Join Date: Dec 2011
Posts: 1
Default Payment Of Areas

My appeal was set for the 9th March 2012 but on the 5th they rang me to say a revised decision had been made and that I had been awarded 31 points. I later received a letter explaining that I would be receiving a payment of areas totaling 921.38 however that was over 5 weeks ago and despite numerous calls to them nothing up to now, does anyone know how long it usually takes ?
utopiatowers1962 is offline
Reply With Quote Report Post
# 17
love78
Old 13-07-2012, 2:24 AM
MoneySaving Convert
 
Join Date: Jul 2012
Location: caerphilly...south wales
Posts: 23
Default

i am having the same trouble..no letter to tell me what group iam in..when i ring them i have no straight answers they have told me they recived my tribunal letter on the 4-7-2012 but cant tell me when i will be paid etc ..very annoying
love78 is offline
Reply With Quote Report Post
# 18
Muttleythefrog
Old 13-07-2012, 11:48 AM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jan 2011
Location: Tyne & Wear
Posts: 6,405
Default

Quote:
Originally Posted by love78 View Post
i am having the same trouble..no letter to tell me what group iam in..when i ring them i have no straight answers they have told me they recived my tribunal letter on the 4-7-2012 but cant tell me when i will be paid etc ..very annoying
Hopefully they'll sort it out soon. The DWP will almost certainly act on the tribunal decision soon... if you need clarification on what group the tribunal recommends then it might be worth quoting the contents of your tribunal decision notice. The DWP are extremely poor in communicating important ESA information.. you may never get a letter exlicitly giving the group you've been placed in although you should at some point get a 'this is what we are going to pay you' type letter that will have the information on it in obscure fashion.
"Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
Muttleythefrog is offline
Reply With Quote Report Post
The Following User Says Thank You to Muttleythefrog For This Useful Post: Show me >>
# 19
love78
Old 13-07-2012, 1:59 PM
MoneySaving Convert
 
Join Date: Jul 2012
Location: caerphilly...south wales
Posts: 23
Default

iam currently waiting on a call back..one office says they have had my letter the other says it hasnt..i was asked to fax a copy of my tribunal form and then told they cant use it just incase i have made the letter my self and signed he judges names lol....they dont like telling you information....will keep you posted
love78 is offline
Reply With Quote Report Post
# 20
love78
Old 13-07-2012, 5:00 PM
MoneySaving Convert
 
Join Date: Jul 2012
Location: caerphilly...south wales
Posts: 23
Default

well recived my call back..from a lovely lady ( first time i said tha lol )...she said tha my paper work is in the tray waiting for the decision maker to look at it..shes said they r very back logged but have recemtly taken in extra help to help cover the back log they have....she aslo said that they just finished processing july,s allowed tribunals and will be starting on junes next wk...she was very sympathetic with me but did say tha it could still take a while and would get the payents department to ring me when they have made a payment decision
love78 is offline
Reply With Quote Report Post
The Following User Says Thank You to love78 For This Useful Post: Show me >>
Reply

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 9:45 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 22 October 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • ED SHEERANX (DELUXE EDITION)
  • STATUS QUOAQUOSTIC (STRIPPED BARE)
  • SAM SMITHIN THE LONELY HOUR (DELUXE EDITION)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.