Won my ESA appeal, What happens with backdated money?

epitome

Briggsy2013 wrote: »

Hi just after some advice. My husband won his appeal for ESA on 01.11.2013. He was stopped being paid ESA May 2012, and it took a while for the appeal to be agreed from august this year. Can you let me know if we will get only some backdated only from August this year or will it be backdated from may 2012?

Many thanks Lou

Did you get the appeal win notice yet? What date of decision does it refer to?

The decision of xx/xx/2013 is to be set aside you are entitled to ESA with the Support component...

What date has been set aside? He will receive arrears back to that date.

Briggsy2013

epitome wrote: »

Did you get the appeal win notice yet? What date of decision does it refer to?

The decision of xx/xx/2013 is to be set aside you are entitled to ESA with the Support component...

What date has been set aside? He will receive arrears back to that date.

Many thanks for that. The notice we have got is a decison notice we received straight after our tribunal win. The date that has been set aside is 28.08.2012.

thanks for clearing that up for us.
Lou

Briggsy2013

Also, on the bottom of the our decison notice it states not to be reacessed for 24 months. Will that still be the case or be adhered to? thanks again

epitome

Although having said that, it does depend on what he was doing before this ESA stopped...

Was he already on ESA in WRAG or SG then reasssed and then a decision was made 28.08.2012. that found him fit for work?

Was he on ESA as part of a new claim in the months before 28.08.2012. and this was his first ESA decision on this claim?

Was he on Incap benefit or Income Suport and was not allowed to migrate to ESA on 28.08.2012.?

It would depend on these as to when he will be backdated to.

In regards to the 2 years generally the DWP will follow this recomendation but they don't have to they could say 3 months from now if they wanted to.

What you need to do is phone and check if they have received the appeal win notice read the previous posts in this thread before you arrived. It can take upto 8 weeks to process the appeal win but they must have received it, in order to do that.

Once it is processed you can call and ask how long till you will be reassessed.

Briggsy2013

Hi many thanks for that. He was on ESA on the contributions part for 365 days and then it stopped, and then they decided he was fit for work in Aug 2012. We then appealed and was put on the support group last week by the appeal panel. He was not on Incap benefit or income support at any time.
Thanks for your help in this minefield.

epitome

Yes but for those intial 365 days how much was he getting? was it £99 a week?

Briggsy2013

Yes was paid fornightly

epitome

Then he will get ESA SG rate going back to 28/08/2012..... strangely I have seen this before and they ask the customer to complete an ESA1 before payments will resume and be backdated... I have no idea why. and I would be interested to know if they do this with him.

Briggsy2013

What is ESA1? Dont suppose you have a good number to call them on? Will let you know how we get on in the coming weeks, thanks so much for all your help with this.

Briggsy2013

Just to you let know my update. My husband rang DWP who advise they have recieved his win notice, the backdated payment has been arranged and should receive it by monday at the latest. Impressed! - we only won it last friday. Thanks to your help