Advice needed with ESA claim.

klndesigns

Hi, I have been getting ESA basic rate since jan 09, had medical april 09, failed that so appealled against the decision. Went to tribunal 16th JUly 2010. I was awarded 30 points at tribunal which was great. After about 2 weeks i phoned ESA and asked them if i was emtitled to the higher rate as i won my case and they said yes every thing should be sorted in a few weeks. To cut a long story short over the past 6 weeks ive been told numerous times that the next payment i get will be the new higher rate and that any back dated moneies owed to me will be sent out to me. How ever i phoned ESA today because i still have not heard any thing from then concerning my claim and i was told that i was not entitled to the higher rate, they also said that when i appealed against the medical decison i had won (i didnt or else why go through a tribuanl) and that the money i get is right.
I know that i am due back dated money because ive been on the basic rate since i first claimed and was told by more than one person at the ESA office.
my question is this:
How long does it normally take for the tribunal results to take effect and how long is normal to wait for any form of communication about back dated money etc. because it is nearly 9 weeks since i won and i am getting realy confused by all what im being told by the people who should know the answers.

Shysockfurball

If you won the tribunal in July I would have thought you would have had a new award notice by now.

Are you on an income based claim? Are other benefits or income being taken into account?

You don't need to answer this but, what rate are you currently on?

klndesigns

Im on the income based ESA and i get £65.45 weekly but paid fortnightly.

klndesigns

I get Child tax credit, child benefit for my son but thats it, not sure if they get taken into account or not.

Shysockfurball

So you are still on the assessment rate. You said that you were awarded 30 points at the tribunal. Did they tell you while you were there (at the hearing) or have you received a letter from ESA saying that they have been notified that the Tribunal Service (TS) have changed the decision?

If you HAVE received a letter from ESA (confirming that TS have notified them of the outcome) then you need to get back in touch with ESA and tell them that you need to know why you have not been put into the main stage of ESA yet.

If you have NOT received the letter from ESA regarding the TS decision then you still need to get in touch with ESA again and just check if the TS have contacted them yet about your tribunal decision.

If the TS have contacted ESA, then you need to check that ESA are going to action the TS decision. In some (rare cases so do not worry yourself) cases ESA can actually appeal against a decision that was made by TS in favour of the client.

In short, you need to get back on to ESA and tell them that you need confirmation about the outcome of the hearing at TS.

babymoo

Do you have anything in writing from the tribunal? Have you received anything from the DWP since the tribunal?

klndesigns

I was told at the tribunal i had won and was given written information from the tribunal before i left of their decision. I still have this information. I did not contact the ESA department for another week/ 2 weeks as i thought it might take time to get sent to them. When i did phone them i asked the person have they received any confiormation on the outcome of my tribunal and i was told yes after this person checked a few things(after i was called back to confirm this information). I was also told that there was aback log and that my case would be dealt with within a couple of weeks. I waited again still heard nothing from ESA so called them back again and asked how far along my case was being dealt with. I got told it would only take a couple of days before i heard any thing so i waited yet again. Ok so last week when i had to phone them or some thing else i re asked was my case ebign dealt with and the lady i spoke to said that it had not been seen at all and she couldnt explain why this was, she said if i didnt hear any thing in a couple of weeks then i should call back. Ok so today i had to call them regarding my claim and i reasked the man about my claim and he told me that i had won my appeal back in october last year and i was on the higher rate, this is not true because i have paper work that says i lost the appeal and that it went to tribunal which i won. I was lead to believe that i was due back dated money and that i was to be on a higher rate than i am now but still nothing, every thing still points to me being on basic rate and still no letter from ESA regarding my tribunal.

All i have is the letter i got at the tribunal about there decision, ESA have not contacted about it at all. I feel ive been given the run around it is getting me down now.
No one shoud have to wait 9 weeks for a decision especially having to through medicals, appeals, tribunals just to get to where i am today.

dave030445

think of it a a little savings pot cause you will get it all back dated i got just over a grand back pay as it took them so long to sort it out all ive heard in the last few weeks is people that have faiked the medical and won the appeall that must say something about these so could medical train people at atos sack them all

klndesigns

thanks for all your advice, I finally received a letter yesterday with all the information i wanted to know on it. I have got my back dated money which is a nice tidy sum and i have now been put on the main rate of payment. No more confusion for me.

davethorp

klndesigns wrote: »

thanks for all your advice, I finally received a letter yesterday with all the information i wanted to know on it. I have got my back dated money which is a nice tidy sum and i have now been put on the main rate of payment. No more confusion for me.

If you don't mind me asking can I ask what rough area you are in. I also won my appeal at tribunal last week and am trying to get an idea of how long it will take the DWP to paying me the money they owe me

andyandflo

davethorp wrote: »

If you don't mind me asking can I ask what rough area you are in. I also won my appeal at tribunal last week and am trying to get an idea of how long it will take the DWP to paying me the money they owe me

Hi, just a quickie, when did you put your appeal in, because I was in your position and failed the medical. My appeal was sent in Jan 10, and the appeal hearing was unlikely to be heard until at least March 2011 (15 months).
I told them where they could put it, the stress had been enormous. and claimed JSA like they told me to in the failure letter.

I was thinking about claiming again but the medical certificate I have (runs out in Mar 2011) cannot be used as I need a new illness. Besides which if the appeal hearing date is just as long or longer, I don't think I will bother.

I live in Kent (Ashford)