ESA back dated money

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I was taken off ESA in Dec 19 after an assessment. I was told to apply for UC instead. I requested a mandatory reconsideration. I then appealed the decision and  I won my Tribunal appeal in July. In August UC adjusted my claim to include the extra amount but no backdated money was paid even though it clearly states kn the decision notice that the Secretary of states decision made on the 16th of Dec 2019 be set aside. I have now been conversing through my UC portal and on the phone with the UC for approximately 13 weeks. Firstly hey were saying that they hadn't received the paperwork and had me chasing it up for them via different means for about 12 weeks. On Wednesday 23rd Sept I received a message from my case worker saying they had looked into it even though according to them they still didnt have the paperwork that I while I was granted the decision as of the 24th July that it wasn't to be back dated. I was then given a phone call on Thursday 24th Sept by a different agent and was told the same. I refuted their decision and recited whas was stated on the Tribunals Decidion Notice to which she requested that I upload my paperwork onto the UC portal which I did that same day and have heard nothing since. I have left two messages for someone to get back to me and let me know what's happening. I am at a loss now as to where I Stand. Please can you give advice on what to do next. 

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  • poppy12345
    poppy12345 Posts: 18,086 Forumite
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    suerib said:
    I was taken off ESA in Dec 19 after an assessment. I was told to apply for UC instead. I requested a mandatory reconsideration. I then appealed the decision and  I won my Tribunal appeal in July. In August UC adjusted my claim to include the extra amount but no backdated money was paid even though it clearly states kn the decision notice that the Secretary of states decision made on the 16th of Dec 2019 be set aside. I have now been conversing through my UC portal and on the phone with the UC for approximately 13 weeks. Firstly hey were saying that they hadn't received the paperwork and had me chasing it up for them via different means for about 12 weeks. On Wednesday 23rd Sept I received a message from my case worker saying they had looked into it even though according to them they still didnt have the paperwork that I while I was granted the decision as of the 24th July that it wasn't to be back dated. I was then given a phone call on Thursday 24th Sept by a different agent and was told the same. I refuted their decision and recited whas was stated on the Tribunals Decidion Notice to which she requested that I upload my paperwork onto the UC portal which I did that same day and have heard nothing since. I have left two messages for someone to get back to me and let me know what's happening. I am at a loss now as to where I Stand. Please can you give advice on what to do next. 

    You haven't said what you were awarded by the Tribunal. If it was LCW (ESA WRAG) when did your claim for ESA first begin? Also when you were found fit for work for the ESA decision how long was it before you claimed UC after your ESA stopped?
  • suerib
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    I was awarded contribution based ESA back in 2013. When they stopped my ESA was 16th of Dec 2019 and my claim for UC started on the same day. The tribunal agreed that I am unfit for work and work related activities.
  • poppy12345
    poppy12345 Posts: 18,086 Forumite
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    If you haven't been assessed for your UC claim then DWP should have honoured that decision and placed you into the LCWRA group for UC and you should have received backdated money. If you had a work capability assessment since you've claimed UC then any decision made on the will overrule the Tribunal decision.
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