ESA Work Capability Appeal

hermum

I was deemed fit to work at my work capability assessment in May, after being on Incapacity Benefit for a while.
I appealed the decision, the decision was set aside & it's been decided that I am entitled to ESA.
I claimed JSA, signed on 5 times before becoming quite ill again & going onto ESA assessment rate.
Does anyone know if the difference in the two benefits will be backdated to May, have the 14 weeks waiting time or will be paid from when the Court made the decision?
Thank you

paragon909

IF you appealed the ESA decision and you failed then claimed JSA before falling ill and claiming ESA again, This will be treated as a new claim and no money will be backdated from any previous claims.

TELLIT01

The initial post requires some clarification. Are you saying that you were claiming JSA to cover the period of the appeal, and during that time you were signed off by your doctor with a different illness and therefore made a new claim to ESA?
If that is the situation I have to confess that I'm not at all sure what the result would be. Once you have clarified the situation I'll try to speak to one of my former colleagues who was an ESA Decision Maker to get his take on things.
You will need to bear in mind that anything posted by me will purely be his thoughts on the situation, not anything binding.

hermum

Sorry, yes I claimed JSA while I asked for the mandatory reconsideration & then appealed.
It's the same illness that I was claiming incapacity benefit for.
It's mental health & because I scored 0 points I didn't think it was worth appealing, the adviser in the Jobcentre advised me to appeal.
The decision notice states, The decision made by the Secretary of State on 08/05/2015 is set aside.

TELLIT01

hermum wrote: »

Sorry, yes I claimed JSA while I asked for the mandatory reconsideration & then appealed.
It's the same illness that I was claiming incapacity benefit for.

Sorry but I'm still confused. You say you claimed JSA for 5 payments then went back onto ESA at the assessment rate. Did you return to ESA as a result of the appeal outcome or did you make a new claim with a different illness? If you returned to ESA as a result of the appeal then the payment at the group rate should be backdated.

hermum

When they said that I'd been found fit to work at the medical, or however they word it I signed onto JSA as the letter told me to.
At my first appointment the adviser suggested I appeal, which I did. I carried on signing on & was seen by a disability adviser. My last signing she advised me to go to my Dr & get a fit note because every time I went in I had a panic attack, she didn't feel that I would be able to hold down a job if I can't cope with an interview in the jobcentre.
I went to the Dr & she gave me a fit note which meant that I went onto the assessment rate of ESA.
The illness is the same as it was when I was on incapacity benefit.
I received the result of the appeal last week, The decision notice states, The decision made by the Secretary of State on 08/05/2015 is set aside.

paragon909

hermum wrote: »

When they said that I'd been found fit to work at the medical, or however they word it I signed onto JSA as the letter told me to.
At my first appointment the adviser suggested I appeal, which I did. I carried on signing on & was seen by a disability adviser. My last signing she advised me to go to my Dr & get a fit note because every time I went in I had a panic attack, she didn't feel that I would be able to hold down a job if I can't cope with an interview in the jobcentre.
I went to the Dr & she gave me a fit note which meant that I went onto the assessment rate of ESA.
The illness is the same as it was when I was on incapacity benefit.
I received the result of the appeal last week, The decision notice states, The decision made by the Secretary of State on 08/05/2015 is set aside.

What is it you actually want to know? What ESA group were you put into, WRAG or Support.

As said before you would only be backdated the group rate of ESA since you claimed JSA in between.

So for every 2 weeks you signed on JSA you would have gotten £146.20 and if you were put into the wrag group that would be £58.10 every fortnight. or 103.90 extra a fortnight if in support group. And since assessment rate of ESA is the same as JSA. It should be easy to work out.

You can calculate the this back to the 14th week of your claim. But you keep referring back to incapacity benefit. Maybe be more clearer.