Will I be backdated for this ESA claim?

AndyDn

I'm making a claim tomorrow to be backdated from May 2012 up to now. I now have a medical certificate from my GP (MED 3) covering from May 2012-May 2013.

My question is: will I be backdated (since I have an 'official MED 3 certificate') for this year period before I'm assessed? Or will they want to assess me before they pay me (since I'm backdating so far back)?

nannytone_2

what reason do you havee for waiting 11 months before putting in a claim?

AndyDn

nannytone wrote: »

what reason do you havee for waiting 11 months before putting in a claim?

Valid reason.

Short story: I had initially sent them letters from my surgeon; but the claim was closed due to their incompetence.

I had to find out via my own research that the MED 3 was necessary.

nannytone_2

it is always the claimants responsibilty to find out which benefit they should be claiming.
merely saying you were 'messed around' itsnt reason enough for bacjdating.

have you written proof that you werent entitled when you actually were?

AndyDn

nannytone wrote: »

it is always the claimants responsibilty to find out which benefit they should be claiming.
merely saying you were 'messed around' itsnt reason enough for bacjdating.

have you written proof that you werent entitled when you actually were?

I wasn't given the opportunity to be 'messed around'- they completely blanked me for nearly a year. I don't know what experience you have with these claims, but it's worth stating how outstandingly bad communication is between DWP departments. You cannot simply just call up and ask to speak to the person that's ignoring you; they don't exist. Such a diffusion of responsibility, spawning from their unremitting bid for miscommunication, is rife in the DWP.

nannytone_2

i claim ESA.
unless tou have proof that you were given the wrong information, you really have no claim for backdating.
you say they 'blamked you'
dos this mean that they never replied to your claim?
didnt you chase the claim up?

rogerblack

AndyDn wrote: »

I'm making a claim tomorrow to be backdated from May 2012 up to now. I now have a medical certificate from my GP (MED 3) covering from May 2012-May 2013.

My question is: will I be backdated (since I have an 'official MED 3 certificate') for this year period before I'm assessed? Or will they want to assess me before they pay me (since I'm backdating so far back)?

You absolutely can never be backdated for more than 3 months.
If they have improperly ended your claim, you can late appeal that decision.

bigboybrother

rogerblack wrote: »

You absolutely can never be backdated for more than 3 months.
If they have improperly ended your claim, you can late appeal that decision.

If the original claim was closed down because of your failure to submit all of the relevant proofs (MED3) and you have left it 11 months before getting that proof, the best that you can hope for is getting a late appeal accepted. You will probably have to fight for it.

You could make a new claim now and get the ball rolling than ask if they would supercede the first decision on the grounds of new eveidence coming to light. You won't get it backdated but you could well be happy that the DWP will agree that you should have had the money.

I have a similar case going at the mo. I had a benefit taken from me in 2004, but never appealed against the decision. 8 years later I made a new claim and submitted the proof that nothing had changed since 2004. They awarded the benefit starting in 2012, and superceded the 2004 decision to agree with me that I should have had the benefit in payment all the way through. In fact the letter I received said that they have awarded me from 2004 until 2014, but won't be paying the money from 2004 to 2012. At least I was proven right and the DWP wrong with their 2004 decision.

benefitbaby

If the OP never provided a Med3 then he/she never actually made a valid claim for ESA and so the DWP did not actually 'close' the claim because it was never open so the law does not allow them to revise the decision. Therefore the OPs position is different to bigboybrother's.

Rogerblack is correct, a new claim for ESA can never be backdated more than 3 months and they can only backdate for 3 months if the OP can show he was given incorrect advice from an officer of the DWP that led them to believe a claim for benefit would not be successful.

rogerblack

bigboybrother wrote: »

, but won't be paying the money from 2004 to 2012. At least I was proven right and the DWP wrong with their 2004 decision.

What grounds were given for this?

bigboybrother

rogerblack wrote: »

What grounds were given for this?

The grounds? That I never appealed against the 2004 decision! And by 2012 I was 7 years out of time!

Mind you there was a reason, I never received a copy of the original decision notice - we had moved 12 months earlier but had told the DWP of the new address at the time, but they sent the notice to the old address.

Why didn't I follow it up when the money stopped? Well I was in hossie for over 2 months and then in and out for the next 6 years. I just didn't have the ability to do anything.
In 2012 I asked for my file from the DWP and it all came to light. In it was the Notice sent to the wrong address in 2004 and my letter of 2003 telling them that I had moved.

I then made a new claim sending medical evidence in that I had from 2004 through to 2012 that was gathering dust. The DWP awarded the benefit from when I applied in 2012 and awarded it to run from 2004 to 2014 under the new material evidence rule. It meant that I had proved that I was entitled from 2004, but as no appeal was ever issued and being out of time they couldn't pay those missing 8 years. There were no grounds for a revision only a supercession.