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  • FIRST POST
    • somethingeneric
    • By somethingeneric 9th Oct 17, 2:42 PM
    • 5Posts
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    somethingeneric
    ESA back pay query
    • #1
    • 9th Oct 17, 2:42 PM
    ESA back pay query 9th Oct 17 at 2:42 PM
    Hi.

    A simple question first, if it's possible to answer without all the details...

    I have been on ESA since September 2016.
    I have not yet had a WCA.
    I believe I am entitled to back pay, covering the difference between what I am paid and what I should have been paid once assessed and placed in a group.

    My question is this...

    IF I come off ESA and secure a full-time job, am I still able/entitled to claim the back pay I would have been paid IF they had arranged the WCA sooner? Or does the fact that I am no longer an ACTIVE ESA claimant mean I cannot pursue my claim for back pay?

    Your help with this is much appreciated.
Page 1
    • Torry Quine
    • By Torry Quine 9th Oct 17, 2:47 PM
    • 16,985 Posts
    • 25,973 Thanks
    Torry Quine
    • #2
    • 9th Oct 17, 2:47 PM
    • #2
    • 9th Oct 17, 2:47 PM
    Hi.

    A simple question first, if it's possible to answer without all the details...

    I have been on ESA since September 2016.
    I have not yet had a WCA.
    I believe I am entitled to back pay, covering the difference between what I am paid and what I should have been paid once assessed and placed in a group.

    My question is this...

    IF I come off ESA and secure a full-time job, am I still able/entitled to claim the back pay I would have been paid IF they had arranged the WCA sooner? Or does the fact that I am no longer an ACTIVE ESA claimant mean I cannot pursue my claim for back pay?

    Your help with this is much appreciated.
    Originally posted by somethingeneric
    You can only get back pay if assessed and put in t a group so you wouldn't be entitled. Are you on income based as contributions based only lasts only year unless in support group
    Life is like riding a bicycle, to keep your balance you must keep moving . Albert Einstein.

    I can bear pain myself, he said softly, but I couldna bear yours. That would take more strength than I have -
    Diana Gabaldon, Outlander
    • somethingeneric
    • By somethingeneric 9th Oct 17, 3:07 PM
    • 5 Posts
    • 0 Thanks
    somethingeneric
    • #3
    • 9th Oct 17, 3:07 PM
    • #3
    • 9th Oct 17, 3:07 PM
    You can only get back pay if assessed and put in t a group so you wouldn't be entitled. Are you on income based as contributions based only lasts only year unless in support group
    Originally posted by Torry Quine

    Thank you.

    Yes, I am on income based.

    Back in September 2016 my doctor's sick note said I could not do ANY work. My doctor's sick note now says that I may work up to 15 hours per week.

    When I am finally assessed, will this make a difference to how they would have seen me back a year ago, even though I was in a weaker position back then and my situation is improving a little now?

    As in, will they look at me now, and judge what they see now, and be influenced by that in a way that they wouldn't have been if they had seen me 13 months ago?
    • TELLIT01
    • By TELLIT01 9th Oct 17, 3:16 PM
    • 3,943 Posts
    • 4,023 Thanks
    TELLIT01
    • #4
    • 9th Oct 17, 3:16 PM
    • #4
    • 9th Oct 17, 3:16 PM
    You should be assessed on the basis of your medical condition when you applied, or at least at the 13 week stage.
    • somethingeneric
    • By somethingeneric 9th Oct 17, 3:26 PM
    • 5 Posts
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    somethingeneric
    • #5
    • 9th Oct 17, 3:26 PM
    • #5
    • 9th Oct 17, 3:26 PM
    Although my sick note at the time said I could not work at all, is there any way that the assessment at my 13 week stage would decide that my doctor was wrong, and not place me in either of the two ongoing support groups, but instead tell me I would have to claim JSA and actively seek work?
    • poppy12345
    • By poppy12345 9th Oct 17, 3:31 PM
    • 1,544 Posts
    • 1,364 Thanks
    poppy12345
    • #6
    • 9th Oct 17, 3:31 PM
    • #6
    • 9th Oct 17, 3:31 PM
    Although my sick note at the time said I could not work at all, is there any way that the assessment at my 13 week stage would decide that my doctor was wrong, and not place me in either of the two ongoing support groups, but instead tell me I would have to claim JSA and actively seek work?
    Originally posted by somethingeneric
    Yes that can and does happen. What a GP thinks and what they think are two totally different things.
    • epitome
    • By epitome 9th Oct 17, 9:52 PM
    • 2,855 Posts
    • 1,773 Thanks
    epitome
    • #7
    • 9th Oct 17, 9:52 PM
    • #7
    • 9th Oct 17, 9:52 PM
    Whether Tellit is right or not I don't really know, but in practice, as far as I know, they will assess you based on how you are on the day of the assessment.

    If you go to do full time work your claim will close and you will never be assessed - unless you come back to ESA within 12 weeks...and this is only possible if you are not in a "UC full service area." - so if you are never assessed, you will never get any back pay (assuming you pass).

    As it has been such a long time I suggest you phone

    0800 2888777

    and ask them:
    "Do I have a live referral for ESA"?
    If "Yes, you do have a live referral"...When did it start? and when will I be assessed? I have been waiting over a year, Can I speak to your manager?

    If the answer is "No, you do not have a live referral"
    "Did I ever have a live referral for ESA in the last year?"
    If "Yes" What happened to it?......then phone ESA
    If No..... phone ESA
    • somethingeneric
    • By somethingeneric 10th Oct 17, 11:36 AM
    • 5 Posts
    • 0 Thanks
    somethingeneric
    • #8
    • 10th Oct 17, 11:36 AM
    • #8
    • 10th Oct 17, 11:36 AM
    Yes that can and does happen. What a GP thinks and what they think are two totally different things.
    Originally posted by poppy12345
    Thank you. Seems odd, though.
    • somethingeneric
    • By somethingeneric 10th Oct 17, 11:37 AM
    • 5 Posts
    • 0 Thanks
    somethingeneric
    • #9
    • 10th Oct 17, 11:37 AM
    • #9
    • 10th Oct 17, 11:37 AM
    Whether Tellit is right or not I don't really know, but in practice, as far as I know, they will assess you based on how you are on the day of the assessment.

    If you go to do full time work your claim will close and you will never be assessed - unless you come back to ESA within 12 weeks...and this is only possible if you are not in a "UC full service area." - so if you are never assessed, you will never get any back pay (assuming you pass).

    As it has been such a long time I suggest you phone

    0800 2888777

    and ask them:
    "Do I have a live referral for ESA"?
    If "Yes, you do have a live referral"...When did it start? and when will I be assessed? I have been waiting over a year, Can I speak to your manager?

    If the answer is "No, you do not have a live referral"
    "Did I ever have a live referral for ESA in the last year?"
    If "Yes" What happened to it?......then phone ESA
    If No..... phone ESA
    Originally posted by epitome

    Thank you for your help.
    • poppy12345
    • By poppy12345 10th Oct 17, 12:57 PM
    • 1,544 Posts
    • 1,364 Thanks
    poppy12345
    Thank you. Seems odd, though.
    Originally posted by somethingeneric
    Not really. ESA is about the work you can do NOT the work you can't do...
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