Won my ESA appeal, What happens with backdated money?

epitome

1plus1equal3 wrote: »

Im so sorry for latching on to someone elses post, but cant for the life of me work out how to do my own thread , ( if thats what it is called) please move me if it is possible.I was on income support, with a disability premium, and after atos assessment they recommended me for support group on 10th september.I recieved a letter from dwp 6 weeks later to imform me that i would be recieving esa , starting 5 weeks later, so a total of 11 weeks from atos decision.I recieved first payment today of eesa ( whatever the 2 es mean).I have just got off the phone from a really lovely lady at dwp,whom i phoned to find out when i would get the backdated payment , back to atos decision on 10th september, as it is £21 a week more then i was getting , and she told me there is no backdated money. Is this correct? It dosnt seem fair that dwp can take 11 weeks to start a benefit that make the claimant financially better off, but not rebate for that period of time.And it is my belief that if someone loses their medical , and then appeals and wins, they get backdated to when atos made the assessment, not when dwp made the decision . Sorry if this is jumbled, im still teaching my self computer literacy.

It is correct, the DWP decides to put you in Support Group not ATOS.

ATOS wrote a report on you and passed it to ESA. ESA got round to your file 6 weeks after ATOS wrote it. It's possible that ATOS who are being heavily checked at the moment did not pass it on to ESA until late into those 6 weeks.

When the decision is made there are rules that they follow to create a switchover date in your case that was another 4 - 5 weeks, it is usually about 4 weeks.

If someone fails assessment they get IS for a further 4 weeks
If someone passes they get IS for a further 4 weeks before going in to ESA.

You can't change this, it's just they way things are.

You could have closed your Income Support and claimed ESA years ago. It's not DWPs responsibility to tell you what you can claim.

If someone wins an appeal they get arrears going back to when IS stopped paying them. Same as you, they only get the ESA rate from the date IS stops.

only_mee

Hight light all the writing you want, by clicking at the start of the text to be copied, then hold the left mouse button down and drag it to the end of the text to be copied.Then to copy press ctrl and c and the click where to paste it then it's ctrl and v..practice makes perfect

howsthatthen

Hi. Could i just ask what is the correct thing to do regarding supplying a on going sick note to the DWP or the jobcenterplus in the circumstances as mine.

I have appealed and have a tribunal on 28/11/13 .

They want me to send in a new carry on sick note as the previous one ends on the 28/11/13.
So is there any point as if i win i don't need another sick note and if i lose im on JSA anyway.
Should i still send them a letter to explain as im worried they will end my ESA thinking im not sending in the next sick note and i dont know how long it takes the tribunal to inform them.
Thanks

epitome

howsthatthen wrote: »

They want me to send in a new carry on sick note as the previous one ends on the 28/11/13.
So is there any point as if i win i don't need another sick note and if i lose im on JSA anyway.
Should i still send them a letter to explain as im worried they will end my ESA thinking im not sending in the next sick note and i dont know how long it takes the tribunal to inform them.

What is your next ESA pay day?

They will not close your claim while waiting for sicknotes, not for about 2 months after it expires.

They will close it when they find out you lost your apeal, usually it is closed from the day after the hearing. When they will find out is anything from 2 days to 2 weeks generally and sometimes not for 9 months or more.

So you can wait and see what happens at tribunal.

What was the date of the decision that you are appealing? i.e. how long have you been on appeal?

Do you get Housing Benefit or Council Tax Benefit?

flashbucks666

Quick update.....I posted my Tribunal paperwork to them last week...as yet no response, so no surprises there!!

epitome

You won't get a response. You would be well advised to phone after 8 - 9 days from the day you posted it to make sure they recvd it.

If we assume they have recieved it you will possibly get a letter in about 6 - 8 weeks telling you your new award rate, but possibly you will get no letter just a lot of money in arrears will suddenly appear in your account.

If you assume they have received it and they actually don't receive it then you will be waiting for nothing.

flashbucks666

The Tribunal letter was sent recorded delivery, so there can be no denying that they have received it. Out of interest, do the arrears get paid on what would normally be your payment day or is it just random? Nothing as yet and it's been around 6 weeks since I won my appeal.

osdset

flashbucks666 wrote: »

The Tribunal letter was sent recorded delivery, so there can be no denying that they have received it. Out of interest, do the arrears get paid on what would normally be your payment day or is it just random? Nothing as yet and it's been around 6 weeks since I won my appeal.

In my case the DWP refused to accept that I'd won at tribunal, denied ever receiving the award letter from the tribunal, denied receiving my copy of the tribunal award I'd sent to them on three separate occasions.
I had to convert my copy into PDF form and e mail it to them to get any acknowledgement.

They eventually got the message, unfortunately it took another four months before I received the back payment.

chickweed58

just a quick ask I was taken off incap benefit on 9th dec2014 as failed work cap assessment, went to tribunal and won on 29th of april 2015 was on jsa from dec 14th until may 13th 2015, am I entitled to any backdated monies???? sorry to post this way unable to find link in order to post new question...

Emily123456-1

I didn't get enough points at my medical assessment but due to them not getting full information they granted me full esa for 3 months I've been on esa since 2014 and only just went for a medical assessment am I still entitled to back payment or is it different I don't really understand they never said anythings about it on the phone