Won my ESA appeal, What happens with backdated money?

epitome

shawnn wrote: »

yes without fail, every 15th of every month

and thankyou for taking the time to reply

I asked about 15 questions, I think you answered 1... I can't help you if you don't give any information.

It would be quicker to get your answer by phoning ESA.

shawnn

epitome wrote: »

I asked about 15 questions, I think you answered 1... I can't help you if you don't give any information.

It would be quicker to get your answer by phoning ESA.

eh ? .. ive answered every question, if you just take a quick peep again you'll see the answers under every question, it looks like ive only answered 1 for some strange reason, but they are there, honest .. thanks

peanutbutter_cups

DWP couldnt tell there a*** from their elbow to be honest.
rang up on fri last wk to check if they got my appeal papers got told yes they got put on out system yest and are with a decision maker now ring back mon/tues to see if no sick note needed info has been put on.
so rang them yest got a "no ring back tomoz after half 1"
so again rang them today at 4.15 and got told" no nothing as yet it usualy takes 5 WORKING days so im guessin the dimwits i spoke to fri/yest forgot to read the working bit grrrrrrr.
but hey hoe its only taken 2 years to sort out so they are sure a coup more days will be fine erm guess wot they was wrong!!!! oh n if they had bothered to look at the paperwork in the first place they would of seen the OCD in the first place n telling me not to worry is like telling a kid wiv chickenpox not to scratch.

epitome

shawnn wrote: »

yes without fail, every 15th of every month

and thankyou for taking the time to reply

shawnn wrote: »

eh ? .. ive answered every question, if you just take a quick peep again you'll see the answers under every question, it looks like ive only answered 1 for some strange reason, but they are there, honest .. thanks

Sorry, I did not see the answers.

More questions,
What was the date of the letter that told you you had failed assessment /not entitled to ESA in 2012 around April or May 2012?
Why did you not appeal this "failed WCA" decision in 2012?
With Doctor's sicknotes....you would have been paid on appeal and no need to make new claim to JSA for 6 months.

If it has been less than 13 months since that letter
You should appeal the original 2012 decision that found you "fit for work"....get GL24 from jobcentre and your original (Apr/May 2012?) letter saying you failed. Give reasons on the appeal why you are not fit for work (based on your condition at the time of the 2012 assessment) and give a reason why you did not submit the appeal within 1 month of the letter in 2012. *Important to remember you are appealing your condition as it was in Apr/May/June 2012 on the day of your assessment.

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

So they found you fit for work again and this is what you are appealing?

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 written reasons on your appeal stating why you are not fit for work? Have you submitted evidence to support your appeal letter from your doctor perhaps? Have you read the ESA descriptors to see which ones you satisfy and worded your appeal accordingly?


The ESA descriptors can be found at the back of the document ESA214
which you will find if you google ESA214

Since claiming JSA what was the date of the 1st operation?

On Feb 6th 2012 were you on crutches?

Answers:
You don't have to claim JSA, you are now being paid on ESA appeal, this could take up to a year to see a tribunal, but as long as you continue to send in sicknotes you will continue to be paid ESA whilst on appeal.

You won't get back payments (except back to Feb 7th 2013) unless you win the appeal....and depending on your answers to the above I might be able to suggest something else.

You should phone ESA to confirm the dates the £106 covers you for, and you should say to them you think you should be getting an arrears payment going back to the Feb 7th 2013 (day after your assessment).

shawnn

epitome wrote: »

Sorry, I did not see the answers.

More questions,
What was the date of the letter that told you you had failed assessment /not entitled to ESA in 2012 around April or May 2012?

it was 22nd april

Why did you not appeal this "failed WCA" decision in 2012?
With Doctor's sicknotes....you would have been paid on appeal and no need to make new claim to JSA for 6 months.

i did appeal, and continued with sick notes, it took about 6 weeks then i heard the appeal had failed and that i now have to go on JSA, so i went on JSA and waited for the 6 months to go for ESA again, which is the one im on appeal for again at present.

If it has been less than 13 months since that letter
You should appeal the original 2012 decision that found you "fit for work"....get GL24 from jobcentre and your original (Apr/May 2012?) letter saying you failed. Give reasons on the appeal why you are not fit for work (based on your condition at the time of the 2012 assessment) and give a reason why you did not submit the appeal within 1 month of the letter in 2012. *Important to remember you are appealing your condition as it was in Apr/May/June 2012 on the day of your assessment.

i got the GL24 form and sent it in with a sick note and backup letters from the hospital, inc physio, MRI scans and consultant letters, and i am also sending in new sick notes as they end.

So they found you fit for work again and this is what you are appealing?

yes

Have you written reasons on your appeal stating why you are not fit for work? Have you submitted evidence to support your appeal letter from your doctor perhaps? Have you read the ESA descriptors to see which ones you satisfy and worded your appeal accordingly?


yes, and backed up with sick notes and backup letters from the hospital, inc physio, MRI scans and consultant letters,


The ESA descriptors can be found at the back of the document ESA214
which you will find if you google ESA214

Since claiming JSA what was the date of the 1st operation?

ive had 2 operation dates, and both cancelled 24 hour before, so fingers crossed it surely wont happen a 3rd time.

On Feb 6th 2012 were you on crutches?

no, walking sticks, i was given the crutches at physio as he told me i was weight bearing on the left side of my hip when i try to walk and if i continue with sticks i'll !!!!!! my hip up

Answers:
You don't have to claim JSA, you are now being paid on ESA appeal, this could take up to a year to see a tribunal, but as long as you continue to send in sicknotes you will continue to be paid ESA whilst on appeal.

You won't get back payments (except back to Feb 7th 2013) unless you win the appeal....and depending on your answers to the above I might be able to suggest something else.

oh god no, i felt sick when i read this, so if i fail the appeal and forced onto JSA again i wont get any back payments

You should phone ESA to confirm the dates the £106 covers you for, and you should say to them you think you should be getting an arrears payment going back to the Feb 7th 2013 (day after your assessment).

many many thanks for the reply, and sorry for the confussion on the previous reply

epitome

shawnn wrote: »

More questions,
What was the date of the letter that told you you had failed assessment /not entitled to ESA in 2012 around April or May 2012?
it was 22nd april

Why did you not appeal this "failed WCA" decision in 2012?
With Doctor's sicknotes....you would have been paid on appeal and no need to make new claim to JSA for 6 months.

i did appeal, and continued with sick notes, it took about 6 weeks then i heard the appeal had failed and that i now have to go on JSA, so i went on JSA and waited for the 6 months to go for ESA again, which is the one im on appeal for again at present.

And so do you still have a letter dated around June 7th 2012 saying that you "failed the appeal"?
For your information you have misunderstood this letter of June 2012, dig it out and tell me...

• The date
• Who is it from...your ESA Benefit Centre...right?
• What does it say? "We have looked at your decision again....we have not changed the decision" right?
• Does it then go on to say "we have forwarded your documents to the tribunal service"?

You must have asked for a "Reconsideration" in April/May 2012 not an appeal, or whatever you asked for it was treated as a reconsideration only. and by the sounds of it, it was not sent as an appeal to tribunal. You could have appealed that letter of June 2012 and stayed on ESA. You still can appeal it now with a GL24. (see next quote below)

If it has been less than 13 months since that letter
You should appeal the original 2012 decision that found you "fit for work"....get GL24 from jobcentre and your original (Apr/May 2012?) letter saying you failed. Give reasons on the appeal why you are not fit for work (based on your condition at the time of the 2012 assessment) and give a reason why you did not submit the appeal within 1 month of the letter in 2012. *Important to remember you are appealing your condition as it was in Apr/May/June 2012 on the day of your assessment.
i got the GL24 form and sent it in with a sick note and backup letters from the hospital, inc physio, MRI scans and consultant letters, and i am also sending in new sick notes as they end.

I am talking about appealing (properly) the original decision of June 2012

oh god no, i felt sick when i read this, so if i fail the appeal and forced onto JSA again i wont get any back payments

An appeal will take at least 4 - 6 months and more likely upto 10 - 12 months. You say your 2012 appeal was done in 6 weeks...this is impossible.... that's why I know you only had a reconsideration, you did not take it to the next stage which is appeal tribunal. You can still appeal now the June 2012 letter.

Your current appeal is the appeal of Feb 6th 2013 this will also take 6 - 12 months

If your current appeal is not completed before August 6th 2013 (and it is unlikely to be done by then) Then when it is finally completed after August 6th.... even if you lose the appeal you can make a new claim to ESA and get paid on the new claim -as long as the government dooes not change the laws on this.

If your current appeal is completed (at tribunal) before August 6th 2013 then you will have difficulty claiming ESA again before August 7th 2013.

Tribunal: A tribunal is independant of the DWP and you can go to the hearing and explain yourself infront of a judge and an independant doctor.

I JUST THOUGHT OF SOMETHING,
Did you get paid on ESA appeal £71 a week between May - June/July 2012?
What date did your Incapacity Benefit stop in 2012?

kujaku_2

hi my medical appeal (tribunal) is set for next month

my citizens advice adviser and doctors are all saying i am not well or able to work and will not get any better and should win the tribunal without an issue. i have been sending in sick notes every 3 months
i need lots of surgeries but have been deemed to ill to operate on and would most likely die on the table or in intensive care afterwards so my specialists and surgeons have told me.
at times i have to spend days in bed as im to ill to get up let alone look for work currently have to take huge volumes of morphine sometimes 8/900 ml a day and lots of other pain medicines and other tablets
i need double knee replacement for which i have leg braces and a stick
have 5 herniated discs in back use a tens machine also
have a chronic pain cycle set up after contracting gangrene after 15 surgeries and non anneasnatised procedures so my brain constantly registers im in pain
suffer with depression and anxiety for which i have been told i need medicines but cant be treated as my thyroid isnt under control even after 3 years of constant medicine dose changes
i was on incapacity benefit for 17 years before the ATOS medical i also get dla for a indefinate period

when i do win will they have to pay me back the FULL amount they have stopped me so effectively £500 every 28 days totalling a rough 7k

as i have heard of people who have won the tribunal and then go on to only recieve a fraction of what has been stopped from there original benefit
please help and should i mention to the tribunal judge will i get the full backdated amount owed as effectively i shouldnt lose out on money i was originally getting upto the hearing date

ive also been told that my contribution based esa is about to end on the day of my tribunal of all days whats the coincidence in that . i have phoned them up to find out what to do and they have sent me back a claim pack for re assesment (esa3)
do i fill this form in and send it back will this effect my tribunal hearing it seems strange to me that my claim for contribution based esa ends the very same day of my appeal


thanks for any help that can be given

Horseunderwater

kujaku wrote: »

hi my medical appeal (tribunal) is set for next month

my citizens advice adviser and doctors are all saying i am not well or able to work and will not get any better and should win the tribunal without an issue. i have been sending in sick notes every 3 months
i need lots of surgeries but have been deemed to ill to operate on and would most likely die on the table or in intensive care afterwards so my specialists and surgeons have told me.
at times i have to spend days in bed as im to ill to get up let alone look for work currently have to take huge volumes of morphine sometimes 8/900 ml a day and lots of other pain medicines and other tablets
i need double knee replacement for which i have leg braces and a stick
have 5 herniated discs in back use a tens machine also
have a chronic pain cycle set up after contracting gangrene after 15 surgeries and non anneasnatised procedures so my brain constantly registers im in pain
suffer with depression and anxiety for which i have been told i need medicines but cant be treated as my thyroid isnt under control even after 3 years of constant medicine dose changes
i was on incapacity benefit for 17 years before the ATOS medical i also get dla for a indefinate period

when i do win will they have to pay me back the FULL amount they have stopped me so effectively £500 every 28 days totalling a rough 7k

as i have heard of people who have won the tribunal and then go on to only recieve a fraction of what has been stopped from there original benefit
please help and should i mention to the tribunal judge will i get the full backdated amount owed as effectively i shouldnt lose out on money i was originally getting upto the hearing date

ive also been told that my contribution based esa is about to end on the day of my tribunal of all days whats the coincidence in that . i have phoned them up to find out what to do and they have sent me back a claim pack for re assesment (esa3)
do i fill this form in and send it back will this effect my tribunal hearing it seems strange to me that my claim for contribution based esa ends the very same day of my appeal


thanks for any help that can be given

The ESA3 is just the income related form that changes the ESA from contributions to income related and assuming you do not have any other income sources like a partner then you should be changed over with little problem. Just fill it in when it arrives. Make sure you include what DLA amounts you get as this can give rise to extra payments due. Good luck with the Tribunal.

lossyloo12

hi ive been on esa for 16 years with depression and cyatica and went for medical _pale_and scored no points been took off esa but not ive sick notes in and my case I s going to appeal do I have to go to court? as im terrified by it all and its making me ill and will I win my appeal?

HOWMUCH

You need to supply as much information as you can when you appeal.