Will I be backdated for this ESA claim?

rogerblack

bigboybrother wrote: »

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

An official error can be revised at any time.

As I understand it there may be several possibilities.

Sorry - I misread, and thought you said that they'd backpaid you for 2 years, but not the prior period.
I do wonder if an award of a historical period - without the claimant being paid is legal.

AndyDn

bigboybrother wrote: »

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 They awarded the benefit starting in 2012, and superceded the 2004 decision to agree with me that I should have had the benefit in payment all the way through.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.

I just realised today that a slip I sent was in fact a MED 3 - as well as the surgeons letter.
In other words, I have a duplicate MED 3 to send again.

Do I have grounds to be back paid if they lost/failed to receive my original MED 3?
I'm beginning to think this is why they closed the claim. I have no proof that I sent this, but the GP can confirm that he gave me the original MED 3 at the time.

Also, are you saying that they admitted that they owed you money but refused to pay you? Why would they feel that ripping you off like that is fair, or excusable?

In light of your story, I'm beginning to dread dealing with these people.

epitome

AndyDn wrote: »

I'm beginning to think this is why they closed the claim.

You need to know first of all, why they closed your original claim. When you know this you can submit a late appeal ASAP.

Do I have grounds to be back paid if they lost/failed to receive my original MED 3?

It would depend on why the claim was closed. When you phone to ask them why it was closed, then come back and we can discuss that, it is pointless, speculating any further at this time.

If you make a new claim now -and you should do this- you can only backdate a maximum of 3 months. Your first sicknote on a new claim is only valid for a maximum of 3 months. So if you phoned up to make a new claim -as you said you would- on the 15/04/2013 your claim will start from 16/01/2013..... so you will need a med3 from your doctor from 16/01/2013. If you supply one backdated a year, it most likely will not be valid for a new claim from now - because it will effectively expire 15th August 2012.

Is this Income Related ESA or Conts ESA? How have you supported yourself for 11 months?

Did they pay you any money on the original claim?
Why did you not ask why they were not paying you?

When you want to find something out from them you have to phone and ask for a callback which will be by a deadlline say 16:30 ....if you don't get the call you have to call them within 24 hours after the deadline, they will then look to see if you were called, if you were called and you missed the call they will book you another standard callback. If you you were not called, they will book you a 1 hour callback..

Did you get an ESA50 on the original claim, did you complete it and return it? Did you confirm they received it? Did you get given a WCA appointment? Did you attend it?