Won my ESA appeal, What happens with backdated money?

Squidward

carolannie wrote: »

Do you have any advice for me, and others who are waiting for their tribunal?

What happened and what did they ask you?

Hope you don't mind me asking. I have been told it could be upto 6 months before I get a date.

Thanks for any help

Hi, well my wife attended the work capability assessment and was awarded 9 points by an extremely cold nurse. So following excellent advice from our local CAB we waited 10 months for her tribunal which was yesterday (22nd Jul) at our local magistrates court. Myself and our CAB rep accompanied my wife into the room and we sat facing a judge (in a suit) and a doctor. I was politely asked to refrain from commenting until they had finished asking my wife questions, the questions were asked in a gentle manner and they were very sympathetic when my wife became distressed. Our session lasted about 20 minutes but our CAB rep explained that they had plenty of written evidence. The final outcome was that they awarded my wife 30 points and placed her in the ESA support group. Good luck with your tribunal, we found the experience nothing at all like the Work Capability assessment.

kujaku_2

went for my appeal today the tribunal
i was told the meeting could last 40 minutes
the doctor asked me 2 questions and said
we dont need to go any further it would seem the atos practitioner had made a
GRAVE MISTAKE WITH YOUR CLAIM AND MEDICAL EXAM.
and the outcome is im now in the support group and it has been specified i dont need to attend another medical for at least 2 years and maybe wont have to attend another medical again as im classed as never going to get better .

but heres my problem i was on £394 a fortnight on incapacity benefit and they stopped my money dropping it down to £142 a fortnight
now im in the support group i WILL NOT be backdated for the 13 months at the amount i have been stopped i will only be backdated to the amount they put me on once they have decided how much i should be getting each fortnight (which is what amount who knows).
so effectively a rough £7k has been stopped from my money but im only going to get a rough £1500 backdated which is no more than theft in my books

but the main thing is i no longer have the worry and stress of what they have put me through in the last year or so


thanks for your replies and help

Horseunderwater

You should get the same rate as you were receiving under IB per fortnight as there is transitional protection in place. They should not have been paying you only £142 during all this time. They owe you a lot of money. Wait a few days to see if DWP have received the tribunals decision letter then if not go to local job centre if you can and get them to email a copy through to DWP. That at least will make sure that DWP have a copy. It might take some time to get the back dated amount, but they should go back to paying you correct rate of IB from Tribunal date while they sort out the rest.

joff81

I won my ESA appeal last Tuesday.i have been on IB for 6 years due to a work accident where I permanently damaged my back and nerves and it took nearly 14 months to get to appeal after being awarded 0 points by ATOS.

The appeal lasted 20 mins in which the doctor asked 5 questions and was awarded 15 points and put in the support group.

I've heard nothing as yet from DWP and was paid this week at the appeals rate. This is the annoying thing DWP are quick to stop when they suspect you are being paid too much but take ages to sort out when they owe you, anyway enough moaning.

Good news is that. All going well the back payment should be sorted in the next few(8-10) weeks.

kujaku_2

im glad you won the appeal mate well done to

but you will only get the difference in back dated to the amount you end up with on the esa support component rate not the original ib rate
i was told this today by my citizens advisor at the tribunal.
so as i say instead of me getting about £7k in backdated money i will only get the difference from the £144 a fortnight i was put on for last 13 months from my original ib of £394 a fortnight, to what ever the new tariff will be now im put in the new support group
as ib has been wiped out and no longer exists
effectively even though i have won my tribunal and proved my case that atos made a serious error in my case and medical i am penalised possibly £4.5k, as they do not pay out backdated money at the original rate, only the difference between the rate you was put on and the rate you end up on after the tribunal so in my case about £66 a fortnight difference instead of £250 a fortnight

if this is not correct please help me as i feel im still being punished even though they have said atos have made some serious errors in my case, and i should never have had to go to a tribunal as im classed as terminal as i will never get better only worse

the only good thing is ive been told no more medicals for 2 years and maybe not after that either


thanks in advance

kujaku_2

was also told that
atos are under investigation regarding the amount of people winning the appeals who should not have had to turn up at all.

and that the pip is currently in place in some parts of the country
but after that they are bringing out another benefit of sorts but the computer program isnt in place to bring it out in october as was planned
what this new benefit is i cant remember but its following the pip scheme they are putting out country wide

Fryingnemo_2

Hello

- My ESA was suspended because I failed the work focused assessment

- I appealed against this decision and the tribunal decided to award me as I had scored 21 points.

- I was told by job centre that it will take up to 6 - 8 weeks to calculate the backdated money I will be receiving

- after 12 weeks I have decided to make a phone call as I was desperate for money and still had not receive any money

- I was told I won't be paid any money, because I was abroad for over 2 months and that I had not let them know with any changes in my circumstances

- however I was told it was suspended due to failing the work-focused assessment and I had scored the threshol of points required.

- the reason why I stayed abroad for a little longer was due to my anxiety problems and panic attack and my parents back home did not let me come back to England as they were very worried

- after almost 8 months of paper works, phone calls,and going to court jobcentre have told me that I won't be getting anything backdated although the tribunal awarded me it, and that I should just reapply for ESA

CAN YOU PLEASE HELP BECUASE WHAT JOBCENTRE IS SAYING DOES NOT MAKE ANY SENSE AT ALL Thank you

paddy6988

If they stop your money anymoney the are abusing your human rights, article 3 human rights- no one shall be subjected to torture or inhuman or degrading treatment or punishment- so if thhey stop your money there breaching that human right.

Article 4 human rights- prohibition of slavery and forced labour!

No one shall be held in slavery or serbitude
No one shall be required to perform forced or compulsory labour- this means they can't send u on any course unless u want to go, so if u feel uve been treated badly by dwp it's your right to commence legal proceeding against the job centre and it will be them paying all the courts cost's ur solicitor costs and bus fares, wages so it's in the interest just to give u the money, read your human rights serious

paddy6988

Fryingnemo wrote: »

Hello

- My ESA was suspended because I failed the work focused assessment

- I appealed against this decision and the tribunal decided to award me as I had scored 21 points.

- I was told by job centre that it will take up to 6 - 8 weeks to calculate the backdated money I will be receiving

- after 12 weeks I have decided to make a phone call as I was desperate for money and still had not receive any money

- I was told I won't be paid any money, because I was abroad for over 2 months and that I had not let them know with any changes in my circumstances

- however I was told it was suspended due to failing the work-focused assessment and I had scored the threshol of points required.

- the reason why I stayed abroad for a little longer was due to my anxiety problems and panic attack and my parents back home did not let me come back to England as they were very worried

- after almost 8 months of paper works, phone calls,and going to court jobcentre have told me that I won't be getting anything backdated although the tribunal awarded me it, and that I should just reapply for ESA

CAN YOU PLEASE HELP BECUASE WHAT JOBCENTRE IS SAYING DOES NOT MAKE ANY SENSE AT ALL Thank you

^they are abusing ur human right artical 3 and 4 sort it out n write them a letter stating there abusing them oh and the way u been treated yeah your in ur full right to commence legal proceeding for the way u have been treated! Phone n tell them

scousemum30

I.won my esa tribunal on the 06/09/13 and was.told it would revrese the desicion made back in january ths year.i was wondering how much woukd i recieve as i claim for myself and my husband and dnt understand the rates as it the first time ive had to do all ths could somone please explaine how it works