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ESA: 27th week - late WCA return: Can I Appeal yet? + backdate question

Hi all.

I was a bit late sending back the WCA form due to personal circumstances.

I've had two extensions and finally was able to get it done this past mid-November with help from a CAB Advisor and Social worker.

It was accepted late after the 2nd extension.
I then received backdated ESA (assessment rate) of a month.

A week ago my Social Worker rang ESA about the decision, to which He informed me I had been placed in the WRAG, to start in February 2013.

Shocked and confused even with my limited knowledge and understanding of ESA, I was aware there were two groups, so I looked it up because I wasn't expecting WRAG.

I became aware of the different rates.


Moments ago, I just read to the best of my ability the qualifiers for the support group.

In short I will most definite be appealing.


2 questions I have though:

I have not received a letter informing me of placement in the WRAG, only what told by my Social Worker who called ESA last week for results of my WCA.

It is only last month, in mid-November that my twice extended and late once more WCA was returned, and successful.

I am now in my 27th or so week of ESA.



QUESTION 1:

Do I need to wait for the confirmation letter of WRAG placement before I can start the appeal process?


QUESTION 2:

Due to the late return of my WCA form in November, being more than 2 months over due, also being the 2nd WCA form I received, does that mean I will NOT receive a back payment for the higher rate of ESA from the 13th week because I was unable to return the WCA until the 21st or so week? (and so I will only receive the higher WRAG rate from 21st week?

Additional Question: How long does it take for the decision of the higher rate of ESA to be back dated?



Thank you.

Comments

  • Cpt.Scarlet
    Cpt.Scarlet Posts: 1,102 Forumite
    Tenth Anniversary
    You need the letter, becuase the date on it is taken as the date of the decision and you need to quote this on any request for an appeal.

    The fact that your ESA50 was late should not effect your back payments.
  • It seems a might odd that your social worker was told that the ESA full rate would be paid from Feb 13 - that's the first bit I find odd.
    2ndly - main phase will always be backdated to week 13 if it was a new claim - it has nothing to do with appeals etc or late returns of forms. Or it should not do.
    Wait for the decision letter to arrive and see what it says. You will need that if it is not correct to do anything further.
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