Help with backdated esa??

Sharon30

Hi

Looking for some advice. I attended my ATOS medical for ESA on 16/6/09 which I failed and scored 0 points, my ESA was then stopped on 15/7/09 which I appealed and my tribunal was FINALLY heard on 5/3/10 which I won (thank goodness) :j!!! I have been getting basic rate all this time but I know I will receive the difference in a backdated payment. Am I correct is saying that this should be backdated to week 14 of my ESA claim which for me is 22/6/09 or is it backdated to their decision to stop ESA on 15/7/09?? I'm just making sure I have the correct facts as I've been on the phone twice today already as I was sent a letter stating that my currect medical certificate expires on 19th March but due a payment this thursday which will be nearly 2 weeks since my tribunal. I called to be told that I have to wait to receive a letter confirming the decision that was made by the tribunal but as I advised it's nearly been 2 weeks already so I asked when I was likely to receive a letter. The advisor said she didn't know if i would need a medical certificate until it's sorted out as all that was on the system was a small note stating that I had won my appeal but they didn't have the information that was required!!! She then said she would e-mail the relevant team who would in turn call me back. Waited all day no phone call so I called back at 4.30pm to be told that I was to receive a payment on thursday as normal with my 2 weeks ESA at basic rate and that my backdated money would probably be sorted out for my next payment in another 2 weeks time which will be then be 4 weeks since my appeal but she said she would send another e-mail requesting a call back tomorrow about my backdated payment and to see if I need to send a medical certificate or not............she then proceded to tell me that it normally usually only takes around 7 to 10 days after appeal date for information to be processed but looks as though mine will be 4 weeks!!! :mad:!!!

Sorry for rambling but really needed clarification on when money should be backdated too!!!

Thanks

Sharon

healy

Sharon30 wrote: »

Hi

Looking for some advice. I attended my ATOS medical for ESA on 16/6/09 which I failed and scored 0 points, my ESA was then stopped on 15/7/09 which I appealed and my tribunal was FINALLY heard on 5/3/10 which I won (thank goodness) :j!!! I have been getting basic rate all this time but I know I will receive the difference in a backdated payment. Am I correct is saying that this should be backdated to week 14 of my ESA claim which for me is 22/6/09 or is it backdated to their decision to stop ESA on 15/7/09?? I'm just making sure I have the correct facts as I've been on the phone twice today already as I was sent a letter stating that my currect medical certificate expires on 19th March but due a payment this thursday which will be nearly 2 weeks since my tribunal. I called to be told that I have to wait to receive a letter confirming the decision that was made by the tribunal but as I advised it's nearly been 2 weeks already so I asked when I was likely to receive a letter. The advisor said she didn't know if i would need a medical certificate until it's sorted out as all that was on the system was a small note stating that I had won my appeal but they didn't have the information that was required!!! She then said she would e-mail the relevant team who would in turn call me back. Waited all day no phone call so I called back at 4.30pm to be told that I was to receive a payment on thursday as normal with my 2 weeks ESA at basic rate and that my backdated money would probably be sorted out for my next payment in another 2 weeks time which will be then be 4 weeks since my appeal but she said she would send another e-mail requesting a call back tomorrow about my backdated payment and to see if I need to send a medical certificate or not............she then proceded to tell me that it normally usually only takes around 7 to 10 days after appeal date for information to be processed but looks as though mine will be 4 weeks!!! :mad:!!!

Sorry for rambling but really needed clarification on when money should be backdated too!!!

Thanks

Sharon

The benefit will be backdated to the start of week 14.

Sharon30

Thanks Healy!!! I just hope that part gets sorted out without much fuss!!! :beer:

cqdaniels

Hi Sharon30,

Just wanted to say that I am in exactly the same boat. I won my tribunal on 18th Feb and STILL haven't heard anything, let alone received any backdated payment, despite chasing them. Guess I'll be on the phone again tomorrow.

Hope your ESA gets sorted out soon.

Q

Sharon30

Hi cqdaniels

I'm sorry to hear about your long wait!!! It's a nightmare isn't it when you think you've gone all that way and won the appeal to find yourself going round in circles chasing them for at least some information!!! Don't get me wrong I'll be glad to get the backdated money but sometimes you feel as if it's not definate until it's in the bank!!! You end up with a large phone bill phoning the 0845 number all the time!! :mad:

Good Luck and I hope you hear something soon.

dixie747

hi,been for my appeal was very nervous the judge at the hearing was very nice and very understanding although it didnt stop me shaking like a frightened puppy all the way through. (wish ATOS were that nice).they have awarded me 21 points thats a massive load of my mind.been waiting so far 4 weeks for backdated money and money to go up,so i rang DWP today they say they havent had any paperwork yet guess its sitting in a tray somewhere.the question i have is does it get backdated at my new rate to week 14?or new rate after my appeal,and old rate from before my appeal.was in the work group now support group thankyou.

holmesgroove

dixie747 wrote: »

hi,been for my appeal was very nervous the judge at the hearing was very nice and very understanding although it didnt stop me shaking like a frightened puppy all the way through. (wish ATOS were that nice).they have awarded me 21 points thats a massive load of my mind.been waiting so far 4 weeks for backdated money and money to go up,so i rang DWP today they say they havent had any paperwork yet guess its sitting in a tray somewhere.the question i have is does it get backdated at my new rate to week 14?or new rate after my appeal,and old rate from before my appeal.was in the work group now support group thankyou.

In my experience, your claim will be back dated to week 14 at the higher level, whether it be the Contributory Related or Income Related rate and whether you're in a Support Group or Work Related. I would suggest enquiring about all of the above rates. There are a few changes being made as of April 2012, which may be a problem to those on C.B, as it will become means tested.

I would be patient about the time it'll take for the backdated payment to be organised(perhaps 3-4 weeks).

Anything I missed out or any further info needed, please let me know....... It's early

David

Muttleythefrog

dixie747 wrote: »

hi,been for my appeal was very nervous the judge at the hearing was very nice and very understanding although it didnt stop me shaking like a frightened puppy all the way through. (wish ATOS were that nice).they have awarded me 21 points thats a massive load of my mind.been waiting so far 4 weeks for backdated money and money to go up,so i rang DWP today they say they havent had any paperwork yet guess its sitting in a tray somewhere.the question i have is does it get backdated at my new rate to week 14?or new rate after my appeal,and old rate from before my appeal.was in the work group now support group thankyou.

If it is a new claim for ESA then for financial purposes the award will apply from beginning week 14... so any monies extra you would have gotten had the appeal decision been taken at that time is now owed to you. It's not clear from what you say whether this is a new claim but I assume so. If not (i.e. a re-assessment of entitlement or transfer in from another benefit like IB) then for financial purposes you should regard the appeal decision as being a redetermination of the DWP decision you appealed against and therefore any monies you should have been getting from that date are owed to you.

Pleased you got the outcome sorted and hopefully the DWP process the appeal result shortly.. if not I'd be inclined to chase them up using the number at the top of DWP ESA letters.

dixie747

hi thanks for your replies,sorry i didnt make my self clear was on esa work group,atos gave me no points then was awarded 21points at my appeal,so now in support group.had to wait over a year for my appeal.was just wondering if i get backdated at the work group rate or the support group rate now being in the support group?i was very tired when i wrote the last post.reading it back could have putt it better once again thanyou.

Cpt.Scarlet

The Support Group is not points based, so are you sure that you are in the SG as 21 points will place you in the WRAG. The backdating will be be based on whichever group you are now in.

dixie747

im 100% sure im in the support group i have the letter here its says mr blah is entitled to employment and support allowance (esa)with the support component.thanks for letting me know how the money works out i really wasnt sure.thanks for all your help.