JSA backdating whilst in ESA appeal.

epitome

speedfreek1000 wrote: »

Right what was the date of the Failure to Attend and dis-allowance of ESA notification i.e. the date the DWP officially ended your ESA claim?

If 6 months has past since that date you can make a new claim for ESA with the same condition and it will be paid at the assessment rate until it is decided.

It is 6 months from the date of the letter not the date of the disallowance.

.

The thing I'm really not sure on here with ESA is if that is accepted and backdated (or even the request for it) would that then stop payment on the new claim due to it being same condition within 6 months. Thus triggering no payment until a WCA assessment is passed or successfully accepted as an appeal if failed?

Are you asking if you make a new claim outside 6 months but backdate it to within 6 months... is it counted as a claim within or without 6 months? Strictly speaking it should go by the date of the claim, "the date of contact" or IDOC as DWP calls it. The legislation refers to "within 6 months of the date of claim". This may be interpreted by DWP DMs one way or the other, but my understanding is that it should be interpreted as the IDOC. I am not aware of any upper tribunals that have ruled on this one.
In other words as long as you contact to make the new claim after 6 months you can backdate the full 3 months even if that is now inside the 6 months.... and you will be paid from the start of the backdated period upon submitting your fitnotes.

speedfreek1000

That is exactly what I was asking :j

Sorry for not including you in people to ask as that's exactly what I was confused with/didn't understand

epitome

But be prepared to have a DM who interprets it the other way, and either disallows the claim or does not pay you until you have had a WCA. In which case you can appeal that decision and take it to Upper Tribunal, that you think the law is written such that the claim should be allowed and the backdating should be allowed..... You may find through research that this has already been decided at upper tribunal and win your case at lower tribunal.

And in order to start getting payments....whilst you appeal.... you could make another immediate new claim from outside 6 months without backdating it.

ArtoDeeto

jim4500 wrote: »

This is what I did. I even supplied a letter from the surgery explaining what happened. They still consider this not to be good cause.

Not sure else what to say except see if the CAB can help you.