Am i entitled to back dated esa?

xchelcx

Hi, i would appreciate any response on this.
I was on esa before all this happened. they sent me a medical assessment appointment in which i didn't receive back in February this year.
I responded to there letter asking why i didn't attend saying i didn't receive the appointment letter, in which they sent a letter back saying they decided to stop my benefit and decided i was fit for work.

Im clearly not as i suffer with depression and anxiety and dont leave the house alone and wouldn't even get dressed or washed everyday if it wasn't for my carer. I have appealed against them stopping my benefit and had to wait until june 27th 2013 for my next atos appointment which i attended.
The dwp came back today and said i have scored no points so have been refused. And would have to wait to receive it through the post before i can appeal that descision.
I have not had any esa in this whole period and have been surviving purely of my dla of 84 pounds every 4weeks which is very hard when you live alone and have to pay rent and council tax and living expenses.
I am going to appeal again and ask them to look again at the decision as my doctor i see every week says im not fit for work how can some one you see 1ce for 20 mins say you are? if i was to be accepted would i be entitled to backdate it from when i logged my 1st appeal back in February?
Im worried my housing benefit wont be paid and i wont have the money to pay it.

Sorry about the long post its my 1st time i really hope someone has some information.

Thanks

I have written to my local mp to help me aswell.

rogerblack

As I understand it - you now need to put in a formal written appeal against the decision to not pay you ESA that happened after your medical.
This will mean you can be paid during your appeal.
(You will also need to supply a medical note)
Phone them, and ask for a copy of the medical report - this will be useful in drafting the appeal.
(Though it is not required).
You will - when the appeal is accepted - be backpaid the ESA you were not paid.
This will be paid at assessment rate - the same as the initial rate.
https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong

xchelcx

Thank you for responding

They have had the medical certificates from when they 1st stopped my esa and they carry on until the middle of august, as far as I'm aware i have done everything i have meant to except log this last appeal as i have to wait for the letter before i can appeal.
Its so stressful cant believe you have to earn points on a test to determine wether your fit enough for work.

I really hope they can back date it, i was told by the lady on the phone they wont.

pmlindyloo

Are you not receiving housing benefit and council tax reduction?

xchelcx

Not at the moment as I'm not in receipt of a benefit.

I had to supply them with a load of papers and bank statements proving i have had no income and how im surviving (letters from friends and family helping with food ect)

rogerblack

xchelcx wrote: »

Thank you for responding

They have had the medical certificates from when they 1st stopped my esa and they carry on until the middle of august,

You need a fresh certificate from the time of the decision that you were not entitled to ESA after your medical.
The existing one is invalidated because you have been found fit.

xchelcx

Ok, i will get one so they have no excuses to make this whole process even longer than its already been.

Are you allowed to be without a benefit for this long?
I was made aware you can no longer get crisis loans as they have stopped so theres no other means.

Horseunderwater

xchelcx wrote: »

Ok, i will get one so they have no excuses to make this whole process even longer than its already been.

Are you allowed to be without a benefit for this long?
I was made aware you can no longer get crisis loans as they have stopped so theres no other means.

You can still get housing benefit and council tax support regardless of whether an ESA award is in place or not. Apply as soon as you can and get that moving. Most have on line access for applications now.

xchelcx

Thanks, i will look into it, problem is getting told one thing by one person in the council and another thing by another. You dont no where you stand. Or what your entitled to.

I appreciate your responces.

I hope this sorts out.