Work Related ESA group appeal award. Backdated payments question...

Marshall2260

A little update guys.
I'm waiting on the information lindyloo told me I needed. She told me to ask for a timeline of ESA claims since 2010. It's been difficult to get that information as the benefits processing department only have info back to 2013 and also they don't actually have any information of any of my claims prior to 2012 as it has been removed from the system completely. I'm now waiting for the guy in charge of my case to get back to me with that requested timeline breakdown, it will be Monday after this Bank holiday. He says he knows where he can find the information.
I did get the backdated payments in early May. Now it's a case of appealing that (success is unlikely, I know, but I do have a case!) with the help of Citizens Advice Bureau and seeing what happens!
Thanks for the help

sammyjammy

Marshall2260 wrote: »

Poppie, that is what Citizens Advice have told me. However everybody at Jobcentre processing say it's 2014. Other than the girl today, who told me she thinks it would be January 2016...

The people that work in the Jobcentre are not trained to give you advice on ESA payments and the intricacies of the benefit. Its very dangerous for them to give any advice on this , its not their job and many of them know no more than you or me. If you want a definitive answer and you don't trust the experts here then speak to the benefit processing ESA experts.

UKTigerlily

What your friend does or doesn't get isn't at all relevant, nobody knows all of the details of other people's lives. I am in the support group for now and have the same diagnosis as some in the WRAG, but they don't go on that just how it affects us and you can't possibly know how it affects him in so much detail. lots judge me and assume they know how bad I am etc or decide if i'm worse off/better off

Marshall2260

Okay, so here's the deal. The guy (Martin) trying to locate my records for this timeline called me today explaining that DWP don't tend to keep files past 18 months as they wouldn't have the space to keep records of all past claims and so they destroy them.
He said if he had the exact date of the medical assessment or appeal back then, he could get their Sheffield department to try to find all the information they have on the case and to send it to him. As it is not the case that we have any dates then this is not an option so he informed me that my only other options are to firstly phone the Her Majesty's Courts to see if they have the dates on record there or to just make an appeal based on guesswork and no evidence, which imo will have absolutely no grounds at all.

What do you guys think about this? I'm a bit annoyed to be honest!

Marshall2260

So I've just called the courts/tribunal service and have been told the only appeals for me on their system are the recent ESA claim and 2 JSA appeals dating 2013 and 2014.
He has advised me to write in to them to see if they have written records of this but they also destroy paper records beyond 6 months.
My question is, why do they not have any information relating to my first claim in 2010 on their computer system? Sure, I can understand that paperwork takes up some space but computer data???
I'm starting to wonder if they've erased all records of that first claim since I called to request the files for a possible appeal for further backdated payments!

Marshall2260

Any advice?
Is there a possibility DWP and Tribunal Service are that corrupt?

Marshall2260

Nobody? Lol

pmlindyloo

Let's see if we can help.

Try to give us a timeline of your claims as accurately as possible.

So, start with 2010.

Something like this:

In *****(month, if you remember) 2010 claimed ESA. Went for work capability assessment in *****. Refused ESA. Appealed. Claimed JSA during appeal. Tribunal Decision =

And so on.........

We can then ask any questions we need to.

Marshall2260

Wow, I got a response! Lol

I started claiming ESA I think about March/April 2010, Health Assessment would have been a few months after that and then I remember waiting for the Tribunal around March 2011 which I didn't attend. So i think i must have already done an appeal with my support worker late 2010. The appeal would've been heard around May 2011 or something like that.
My apologies, that was 5 years ago now which is tough to remember. I did have all the paperwork still a couple yrs ago before I moved home, My landlords told me they'd keep the rest of the stuff in my flat in storage, they threw it all out!!

Marshall2260

Forgot to add... I would've had to have claimed JSA once turned down wouldn't I! Also I believe I was turned down again at Tribunal.