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ESA Tribunal Won

Hi everyone,

I have just come back from my ESA tribunal and I am so relieved that I won. I scored 0 points on the medical but the tribunal gave me 21!

I initially claimed ESA on the 24th June 2011 but my medical was not until 13th February 2012, almost 6 months after the 13 week assessment period was up.

My ESA stopped a couple of months ago as the 365 days were up and I am not entitled to income-based ESA.

I have been put in the WRAG group by the tribunal so I know I will not get anything going forward but will I get the ESA backdated that I should have got being in the WRAG group? If so, does it get backdated to the 14th week or to the time of the medical?

Also my condition has worsened since the time of the medical so can I put in a new claim?

Thanks in advance.

Comments

  • Muttleythefrog
    Muttleythefrog Posts: 20,119 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Well done. Yes you'll get the backdated money to beginning week 14... the money being any extra money you should have been receiving had this WRAG decision been made at beginning week 14. You might get variant advice regarding the last point. I would advise you continue the claim and look to getting a supercession.. a redetermination of entitlement following significant change in medical circumstances. I would advise getting a document from your doctor or similar to indicate this deterioriation of health. If that document could be supportive of a claim that support group criteria is met then that could be very helpful... after all this is what you're going to have to prove however you decide to proceed.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
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