ESA No points ~ Won PIP Appeal

epitome

JJWSJS8700 wrote: »

I had no payment at all from Dec 16 until May 2017 when I was allowed my Paper Appeal at Tribunal, where the Judge said I had shown good reason for requesting a different WCA centre..

So then they paid you the arrears from Dec 16 - May 17 and paid you up to July 2017?

As you have only had one WCA, you can ask for a Mandatory Reconsideration...(say a few words why it is late)...

Then you can start an appeal

Then you can ask ESA to pay you on appeal.

You should get awarded ESA IR + SDP which means
about £134 a week, and it will be back dated to July 2017.

You would also be entitled to ask for SDP for all periods you had ESA paid for back to Jan 2016. But you will probably have to specifically request that it is backdated for all of your ESA claim dates back to Jan 2016...because that first claim was closed, and they probably won't do it for that first claim unless you ask them to do it.

JJWSJS8700

Thank you again Epitome:

Can I just add my first claim was from Jan 2015 in Oct I had FTA, had MR took to Tribunal and disallowed....payment ended Nov 2015.

My 2nd Claim was continuous Nov 2015 and Paper Tribunal Hearing Allowed(May 2016) ...a different WCA would be allowed.

I was backdated, that is correct for Dec 16 until May 2017. I continued to receive the 73.10 whilst waiting for the WCA date (at a dif office) which came, I attended and no points, so the 73.10 stopped, I did MR this and was rejected. There is still time for an Appeal on SSCS1 form.

Do I have to have the PIP award letter first before I can ask for SDP....I have not had that yet.

My second esa that was won at appeal, started in Nov 2015 but I have to wait another 3 months as classed as a new claim because the first one was disallowed at Tribunal, is that correct?

Thank you very much once again...if I have confused you I am sorry.

JJWSJS8700

Thank you Alice Holt.

I did do a MR and that was rejected also. I am still within the timescale to start an Appeal and have a form.

Can I ask you please, do you know of any cases where the DWP have taken a case for for PIP or Esa to the Upper Tribunal and won/had it allowed?

Also can you tell me, if you know, please, what entitles the Disability Premium (32.00 I think)
to JSa/ESA Claiments as I thought one of the - WRAG or SG had to be given.

Thank you for your help.

poppy12345

The disability premium of £32ish isn't paid to those on ESA, it's for those claiming Income Related JSA and Income Support. You would also need a daily living award of PIP for this. The Enhanced Disability Premium, you would need Enhanced Daily living PIP or those in Support Group are automatically awarded it.

To take it to the Upper Tribunal you must find an error in law made by the first tribunal.

epitome

JJWSJS8700 wrote: »

Thank you again Epitome:
My 2nd Claim was continuous Nov 2015 and Paper Tribunal Hearing Allowed(May 2016) ...a different WCA would be allowed.

I was backdated, that is correct for Dec 16 until May 2017. I continued to receive the 73.10 whilst waiting for the WCA date (at a dif office) which came, I attended and no points, so the 73.10 stopped, I did MR this and was rejected. There is still time for an Appeal on SSCS1 form.

OK so you ask ESA enquiries line to do an eIS10 form over the phone with you, if they say "no because it is closed"..they are wrong, take thier name and office name and ask to speak to their manager, then insist that an eIS10 is taken and sent to the ESA Benefit Centre, saying you want SDP backdated to to PIP start date Jan 2016.

Do I have to have the PIP award letter first before I can ask for SDP....I have not had that yet.

No you don't need the letter, and when they ask you for the PIP start date, -if you don't know- ask them to look in C.I.S. and tell you what it is.

My second esa that was won at appeal, started in Nov 2015 but I have to wait another 3 months as classed as a new claim because the first one was disallowed at Tribunal, is that correct?

You would have to wait another 3 months if the new Tribunal awards you WRAG or Support Group.....but there would be no 3 months for the SDP, the SDP will be put on from the date of the PIP award i.e. 15/01/16

Thank you very much once again...if I have confused you I am sorry.

No worries. You're welcome.



There have been lots of cases go to Upper Tribunal on many different areas of law. Some won by DWP, some won by claimants.
It is possible to search the cases on the internet
http://administrativeappeals.decisions.tribunals.gov.uk//Aspx/default.aspx

JJWSJS8700

I am just reading through all of the advice you have given today, I was wondering ehere you were last night...lol

Thank you very much.

JJWSJS8700

Thank you Poppy for your advice.

I did not want to take my case to UpoervTribunal, I've no reason to, it was the DWP might want to do that.

Thank you for explaining about the Disability Premium - we have to wait to be put in one of the groups to be allowed it, if on ESA.

Thank you once again.

epitome

I believe I went to watch TV last night just before you posted.

If the DWP has already accepted the your appeal win and as a result paid you Dec - May it is very unlikely they are considering going to UT (upper trib)

By the way, if you are sucessful in getting an eIS10 sent in a handover, make sure to ask for a call back from ESA.

When they call you back ask them to confirm that it will be actioned now for the closed claim.

You may be in for a bit of a fight to get them to do it for you while the claim is closed, i.e. chasing it up speaking to managers , mandatory reconsideration etc.... the bottom line is that they should do it even though the claim is closed.<<< But this is the hard way to get it done.

But if you appeal the WCA decision to tribunal they will have to re-open your ESA and pay you...and they will definately do the Severe Dis Premium backdating once your claim has been re-opened on appeal. <<< This is the easiest guaranteed way to get them to do it.

poppy12345

JJWSJS8700 wrote: »

Thank you Poppy for your advice.

I did not want to take my case to UpoervTribunal, I've no reason to, it was the DWP might want to do that.

Thank you for explaining about the Disability Premium - we have to wait to be put in one of the groups to be allowed it, if on ESA.

Thank you once again.

That's incorrect. As previously stated that disability premium of £32.55 isn't paid if on ESA. It's ONLY paid if on Income Support and Income Related JSA.

JJWSJS8700

Oh is it not, so can you tell me please what the actual Esa SG (IR) benefit and names to bring it to 149ish per week, that's if it is that amount.

...and the difference for WRAG please?

Thank you very much.