Won my ESA appeal, What happens with backdated money?

Muttleythefrog

Own_My_Own wrote: »

My son has his first medical tomorrow. I am getting a little worried as he has Aspergers and can seem rude when he gets flustered. I am going with him but do not know how much input I am allowed to give.

Can only really offer general advice. What input they allow of you will possibly depend heavily on the HCP doing the medical... I've heard extreme examples from both ends of spectrum regarding input allowed. It's important to focus on the descriptors... these determine entitlement and it probably is wise to have good idea which ones apply to him. Take any supporting medical evidence to the medical if not already supplied. Communication and appropriateness of behaviour with others cover 3 categories of descriptors. His appearance and behaviour should be recorded by the HCP... if he's rude that probably won't do any harm to his chances. It's one of those rare events where putting one's best foot forward should be a suspended concept dare I say. The questions will quite likely focus on day to day activity.. how he copes.. what he does... in attempt to reveal facts that could be extrapolated to draw conclusions on which descriptors do/do not apply. Questions like what hobbies do you have or do you sit watching TV and what do you watch or did you have a good journey to the assessment centre are along the lines of typical ones.

A few days after the medical I strongly advise calling DWP and asking for a copy of the ATOS medical report ESA85.

dogs123

hi

was wondering if anyone can help me.... my ESA has been stopped as i failed to attend the medical... the reason being im agoraphobic and even though they have all the medical documentation from gp they still stopped it... this has been stopped for 6 weeks and im trying to live of £80 to pay bills and food... stuggling lke hell is there anyone who can advise me further to see if i can hurry the process up?

thanks.

rogerblack

dogs123 wrote: »

hi

was wondering if anyone can help me.... my ESA has been stopped as i failed to attend the medical... the reason being im agoraphobic and even though they have all the medical documentation from gp they still stopped it... this has been stopped for 6 weeks and im trying to live of £80 to pay bills and food... stuggling lke hell is there anyone who can advise me further to see if i can hurry the process up?

thanks.

Have you begun the appeals procedure?
If you have not, then as you're outside the 4 week appeal deadline, you need to submit a 'late appeal' against the decision that you did not have 'good cause' to attend the medical.

Have you asked when the new medical is scheduled for?

peksy86

I have a similar question to the person that made the first post but my situation is quite complicated.

My condition worsened in feb 2011, I was a returning student in oct 2011. For the academic year I should have carried on with my DLA, ESA whilst studying. As I worsened, I applied for extra help from DLA and nothing changed. I appealed and my DLA was taken away and I was therefor no longer entitled to ESA whilst studying. They forced me to to take out loans to support myself. I then asked for a tribunal and never got one, DWP decided to assess me internally without my knowledge or consent. My DLA was awarded at higher rate mobility and middle rate care back to may 2011 which covers the period I was in study they did not backdate it to when i had asked them to. I did not argue as i was just thankful for that and i was scared i'd end up with nothing again. Once this new DLA decision came through, I applied for ESA and asked that it be backdated to when I started that academic year and when ESA stopped (oct2011). It did not occur to my slow brain to ask that it be backdated to may 2011 like the DLA.mThey said they had no problems awarding it I just had to send in financial evidence which I did. Months passed and I heard they stopped my ESA claim, they say, my student finance info was not sent in but i know for a fact it was sent in with my claims form. I called in and the guy was so clueless he had to get someone to call me back, they never did. So without income, my arrears accumulated until my housing association got involved and am now being threatened with the loss of my home ( I am a motorised wheelchair user)

The housing association has helped me with a second ESA claim which was awarded in less than a week BUT they have only backdated it to may 2012 (3 months) rather than back to may 2011 as I requested. I don't see how I should be punished for their mistakes, does anyone know whether ESA are only allowed to backdate upto three months max or are they seriously trying to wind me up and kill me with stress??

shawnn

morning all, if someone could put me right on this i'll be forever in you debt

i applied for ESA in early january this year (2013) due to ongoing knee probless due to a car accident, i have had one operation and due for another on the 23rd april (2013)

i have had nothing in benefits from the 6th jan, its now the 16th april and have been waiting for an appeal decision, which i have just heard that i failed and now have to go onto jobseekers, im not sure how they figure out im ok to work when im on crutches, in physiotherapy every week and due for my next op in about a week ...

anyway, cut a looooong story short, beings i have had no benefits in 4 months (apart from 4 weeks @ £53 while waiting for the appeal) i have no family etc in a position to help me out i have been living off loans from friends for the last 4 months, ie gas, electric, basic foods, bills etc,

so i really need to know if i will get any back dated payments if you fail the ESA medical and then are forced onto jobseekers just so i can pay them back.

hope that makes sense, many thanks

peanutbutter_cups

shawnn wrote: »

morning all, if someone could put me right on this i'll be forever in you debt

i applied for ESA in early january this year (2013) due to ongoing knee probless due to a car accident, i have had one operation and due for another on the 23rd april (2013)

i have had nothing in benefits from the 6th jan, its now the 16th april and have been waiting for an appeal decision, which i have just heard that i failed and now have to go onto jobseekers, im not sure how they figure out im ok to work when im on crutches, in physiotherapy every week and due for my next op in about a week ...

anyway, cut a looooong story short, beings i have had no benefits in 4 months (apart from 4 weeks @ £53 while waiting for the appeal) i have no family etc in a position to help me out i have been living off loans from friends for the last 4 months, ie gas, electric, basic foods, bills etc,

so i really need to know if i will get any back dated payments if you fail the ESA medical and then are forced onto jobseekers just so i can pay them back.

hope that makes sense, many thanks

hi if you started your claim in jan this yr you should of started getting your benifts from then.
then you should of recived a form to fill in about your condition and either put in a group(wrag or support) or called in for a medical.
if you was called for a medical they will decide if you scored 15 points or not if you didnt then you would be able to ask for a reconsideration.
this is where some1 at dwp decides if they agree with atos or not and either say they disagree and put you in a group or agree and again say you failed and you are no longer entitaled to esa.
you can then appeal this and ask for it to be sent to tribunal for re looking at.again what happens next depends on what you get if you win u get back dated the differance between the assessment rate and what ever group u get placed in.
if you fail u have a few choices
u can claim jsa
u can ask for it to be looked at again by the upperteir tribunal(i think)
or if your conditions have changed u can make a new claim for esa if it has been 6 months since your orig claim.
now if i was you i would be ringing up dwp and ask why you havnt been getting the assesment rate while you have been waiting for the appeal.
can i just ask was it a appeal you had by the tribunal or just a reconsideration?
and have you been sending sick note from your in while you have waiting?
mine took 2 yrs from orig claim to monday just gone to get sorted at tribunal(longggggg story)

epitome

shawnn wrote: »

morning all, if someone could put me right on this i'll be forever in you debt

I applied for ESA in early january this year (2013)

What were you doing or claiming before January 2013?
Did you have a previous claim to ESA sometime in 2012?
On your previous claim did you fail to attend an assessment? or fail to return your ESA50?
Is this the reason you were not paid on the Jan 2013 claim?

I have had nothing in benefits from the 6th jan, its now the 16th april and have been waiting for an appeal decision,

What was the the appeal about?
When you appealed did you get another decision by the DWP & then went to tribunal? Or have you now just had another decision (letter) from the DWP? and they have said that your file will now be sent to tribunal?

anyway, cut a looooong story short, beings i have had no benefits in 4 months (apart from 4 weeks @ £53 while waiting for the appeal)

What dates did you you get paid £53 a week from & until?

so I really need to know if I will get any back dated payments if you fail the ESA medical and then are forced onto jobseekers just so I can pay them back.

What date was your medical?
Did you attend it?
Have you had the letter saying how many points you scored?

Have you been supplying sicknotes from your doctor? When does your current sicknote expire?

shawnn

epitome wrote: »

What were you doing or claiming before January 2013?

Did you have a previous claim to ESA sometime in 2012?

i was on incapacity due to the car accident, and then was told it was changing to ESA and was sent for a medical in 2012, which they failed me and put me on JSA, i then waited 6 months to apply for ESA again to present day

On your previous claim did you fail to attend an assessment? or fail to return your ESA50?
Is this the reason you were not paid on the Jan 2013 claim?

no, i did everything they asked of me


What was the the appeal about?
When you appealed did you get another decision by the DWP & then went to tribunal? Or have you now just had another decision (letter) from the DWP? and they have said that your file will now be sent to tribunal?

im currently on appeal now, which was started about 3 weeks ago, but have heard nothing so far

What dates did you you get paid £53 a week from & until?

my first payment was £106 last wednesday for 2 weeks, thats the first ive had in nearly 4 months

What date was your medical?
Did you attend it?
Have you had the letter saying how many points you scored?

the date was feb 06 2013, yes i attended, and no, never received a letter or anything stating points etc

Have you been supplying sicknotes from your doctor? When does your current sicknote expire?

yes without fail, every 15th of every month

and thankyou for taking the time to reply

shawnn

peanutbutter_cups wrote: »

hi if you started your claim in jan this yr you should of started getting your benifts from then.
then you should of recived a form to fill in about your condition and either put in a group(wrag or support) or called in for a medical.
if you was called for a medical they will decide if you scored 15 points or not if you didnt then you would be able to ask for a reconsideration.
this is where some1 at dwp decides if they agree with atos or not and either say they disagree and put you in a group or agree and again say you failed and you are no longer entitaled to esa.
you can then appeal this and ask for it to be sent to tribunal for re looking at.again what happens next depends on what you get if you win u get back dated the differance between the assessment rate and what ever group u get placed in.
if you fail u have a few choices
u can claim jsa
u can ask for it to be looked at again by the upperteir tribunal(i think)
or if your conditions have changed u can make a new claim for esa if it has been 6 months since your orig claim.
now if i was you i would be ringing up dwp and ask why you havnt been getting the assesment rate while you have been waiting for the appeal.
can i just ask was it a appeal you had by the tribunal or just a reconsideration?
and have you been sending sick note from your in while you have waiting?
mine took 2 yrs from orig claim to monday just gone to get sorted at tribunal(longggggg story)

hi, and thankyou for the reply,

i got my first £106 (fortnightly) lasy wednesday (appeal rate) and yes, sicknotes have been sent without fail

techspec

Shocking:-

http://www.mirror.co.uk/news/uk-news/dad-two-killed-himself-because-1844633