Won my ESA appeal, What happens with backdated money?

nmr1991

This is the main reason I didn't get any points on my ESA claim and also why it would be pointless to go through all the tribunal stages. My GP doesn't personally know me because its been 20 years give or take since my diagnosis and any doctors/psychiatrists who dealt with my mental health are likely retired or probably dead and this effectively put an end to my diagnosis which in turn would have disappeared in the system over time. Noneheless I am still affected by the mental health issues like depression, anxiety, social withdrawal, and how all this can impact the way I work or possibly hinder it completely, so I haven't bothered to make another claim for ESA on the basis that my GP does not know my condition or how it affects me. And there are no specialist centres local to me that I can use towards my GP to evidence my condition.

Only then will I be able to make a meaningful claim for ESA, have specialists backing me and get off this ridiculous waste of time work programme and UC.

GinnyLee

My understanding is that they have to backdate your claim back to the date you made the claim if it was a new claim and it was turned down. If you were an existing clamant and they stopped your ESA, eg they felt you were fit to work then they have to back date it back to the date they stop your claim. There is no limit they have to pay it.

nannytone_2

for a bew claim, it is backdated to the first day of the 14th week of the claim. the first 13 weeks are paid at assessment rate which is the amount that would have been received during the time

yngshaws

i was wondering if anyone can confirm this i had a new claim to esa from 4/4/15 and got my decision on it 22/9/26 so a long time a got told i was fit for work but am putting in a mandatory reconsideration in so does that mean i have lost all that backdated money and if so can i do anything bout it if its over turned or if its over turned do i get it from 4/4/15 or 22/9/16 cause if it from the second date i think they have done it so i lose it cause some of there reasons dont make scene thanks in advance

nannytone_2

no.

if they change the decision at mandatory reconsideration or even at appeal, you would still receive the backdating

yngshaws

from the 4/4/15

this is what it says on citizens advice bureau

Getting the result of your reconsideration

The DWP will write to you and tell you whether they’ve changed their decision, or whether the original decision still stands. The letter they send you is known as a Mandatory Reconsideration Notice.

If they’ve changed the original decision, you’ll get a backdated payment of ESA, going back to the date of the original decision.

nannytone_2

if the claim was made 4/4/15 and the decision goes in your favour, you will receive backdating from the first day of the 14th week of the claim ... so from 5th July 15.