ESA APPEAL - how long until payment reinstated?

homeworkgirl

Following my ATOS medical I received a letter on 19th Feb saying I was no longer entitled to ESA and that I am capable of working. It also said that my money had been stopped with effect from 15th Feb, i.e. 4 days before I got the letter which left me no time to make alternative arrangements to replace this benefit so I was not very happy about that for starters. My GP suggested that I appeal against the decision which I have done and I sent off the appeal form with my latest sick note signing me off until the end of May.

I have not received any payment since my ESA was stopped on 15th Feb and I phoned them on wednesday to be told that i should be receiving payment by today. Surprise surprise....no payment so I phoned again only to be told that I had been given incorrect information and that it takes at least a fortnight from the time they receive the appeal form to reinstate payment. I am a lone parent now and my only other income is my child tax credit for my teenage daughter. I explained this but was told I should apply for a crisis loan if i cant manage until they get around to reinstating my payments. However when I applied once before when changing benefits i was told that this was not what crisis loans were for and was refused.

Can anyone tell me how long they had to wait until their payments were reinstated and/or did they successfully apply for a crisis loan?

Many thanks.

dmg24

If they have confirmed that they have received your appeal, your assessment rate should be reinstated pretty quickly. In the event of any delay you are entitled to apply for a crisis loan, this is what they are for.

tod123

I am a lone parent now and my only other income is my child tax credit for my teenage daughter.

Can your family help, or even the childs father (assuming you are in contact)

homeworkgirl

Unfortunately my partner, my daughter's dad, died 4 years ago. No I have no family that I can borrow from.

ANGIEL123

what a country we live in, letting people down like this! i have had a nightmare with eas! it was stopped in april 2011, i appealed, went to court 6 weeks ago, they arranged for a taxi for me, i got there 2hrs late for the court time as taxi was late in picking me up! wot a joke! new court date next friday! im waiting another operation on my foot so how can i be fit for work?? so stressful, i have become depressed over this whole saga! in debt! christmas is coming and stil no money, im on the assessment phase so if i win i get backdated money due to me from april? can i lose, even though i have to have another opetation??? im going insane, then it will cost the govt more money to look after me!!!

salau2

Yes you may still lose an appeal it is not about the condition you have but rather whether you meet the 15 points on the Work Capability Assessment (WCA). Look up the WCA and understand how many points you have so you can express this at your tribunal. Yes the additional money will be backdated to April if successful. Best of luck.

Oldernotwiser

ANGIEL123 wrote: »

what a country we live in, letting people down like this! i have had a nightmare with eas! it was stopped in april 2011, i appealed, went to court 6 weeks ago, they arranged for a taxi for me, i got there 2hrs late for the court time as taxi was late in picking me up! wot a joke! new court date next friday! im waiting another operation on my foot so how can i be fit for work?? so stressful, i have become depressed over this whole saga! in debt! christmas is coming and stil no money, im on the assessment phase so if i win i get backdated money due to me from april? can i lose, even though i have to have another opetation??? im going insane, then it will cost the govt more money to look after me!!!

People permanently in wheelchairs can be fit for work.

Muttleythefrog

ANGIEL123 wrote: »

what a country we live in, letting people down like this! i have had a nightmare with eas! it was stopped in april 2011, i appealed, went to court 6 weeks ago, they arranged for a taxi for me, i got there 2hrs late for the court time as taxi was late in picking me up! wot a joke! new court date next friday! im waiting another operation on my foot so how can i be fit for work?? so stressful, i have become depressed over this whole saga! in debt! christmas is coming and stil no money, im on the assessment phase so if i win i get backdated money due to me from april? can i lose, even though i have to have another opetation??? im going insane, then it will cost the govt more money to look after me!!!

Sounds like you've had a rough time of it. Regarding your question.. if you win your appeal you should then get backdated any additional monies you should have been getting.. that would either be from the date of the decision to turn you down if this was a reassessment or from the beginning of week 14 of claim if new claim.

As above, I'd get really clued up on the descriptors and focus your efforts on the descriptors you feel should apply to qualify you for WRAG and if applicable the support group descriptors you think may apply. If you can get supporting evidence that could be helpful.