Esa going to tribunal

citykid5 · 13 March 2018 at 10:57AM

Hello you lovely people.
Long story , very sorry
I've been claiming reduced esa care group for about the last 9yrs.
I was re assed in August last year and scored zero points the an for pip!!!128545;
So had the usual reconsideration, still low points awarded on both benefits. So it's off to tribunal on both. At my pip tribunal I was awarded standard rate on both care and mobility, not being able to walk over 50metres !!!128077;!!!128077;
Anyways I've recently had to change my contact phone number so rang esa to inform them of my number change and asked what my current appeal stage was ar ( I've received the letter waiting for my tribunal hearing ) and the lady said my claim was closed in August last year because I'd failed my assessment, and also said because they haven't received a sick note they've closed my case ??
I said I've not received any correspondence requesting a sick note?
She said o sorry you should have got a letter about it , but I didn't.
She then went on to say if I can get a sick note back dated to August 2017 then they would make a back payment.
Now I was retired for ill health around 9yrs ago , hence why I get reduced esa. I'm very confident of winning my tribunal case as it all hinged on weather I can walk more than 50 metres . I don't want to take up the time of my gp to obtain this sick note, I'm not struggling for money , I receive a company pension ( very fortunate I know )
Do you guys think it's necessary to get a sick note?
When I win my tribunal will they have to back date my esa payments anyway??? I'm confused, please advise if you've been through a similar situation
Thanks all

citykid5 · 13 March 2018 at 11:00AM

Casstryyujbbbh

pmlindyloo · 13 March 2018 at 11:21AM

citykid5 wrote: »

Hello you lovely people.
Long story , very sorry
I've been claiming reduced esa care group for about the last 9yrs.
I was re assed in August last year and scored zero points the an for pip!!!128545;
So had the usual reconsideration, still low points awarded on both benefits. So it's off to tribunal on both. At my pip tribunal I was awarded standard rate on both care and mobility, not being able to walk over 50metres !!!128077;!!!128077;
Anyways I've recently had to change my contact phone number so rang esa to inform them of my number change and asked what my current appeal stage was ar ( I've received the letter waiting for my tribunal hearing ) and the lady said my claim was closed in August last year because I'd failed my assessment, and also said because they haven't received a sick note they've closed my case ??
I said I've not received any correspondence requesting a sick note?
She said o sorry you should have got a letter about it , but I didn't.
She then went on to say if I can get a sick note back dated to August 2017 then they would make a back payment.
Now I was retired for ill health around 9yrs ago , hence why I get reduced esa. I'm very confident of winning my tribunal case as it all hinged on weather I can walk more than 50 metres . I don't want to take up the time of my gp to obtain this sick note, I'm not struggling for money , I receive a company pension ( very fortunate I know )
Do you guys think it's necessary to get a sick note?
When I win my tribunal will they have to back date my esa payments anyway??? I'm confused, please advise if you've been through a similar situation
Thanks all

So you were found fit for work in August 2017?

Did you claim JSA/Universal Credit during the Mandatory Reconsideration?

Usually people claim JSA/UC during Mandatory Reconsideration and then claim the assessment rate of ESA when accepted for tribunal.

During the waiting time for the tribunal you have to send in fit notes.

https://www.turn2us.org.uk/Benefit-guides/Challenging-an-Employment-and-Support-Allowance-de/Appeal-against-the-decision

If you win your tribunal your ESA is backdated to when it stopped (i.e when found fit for work) (minus any JSA/UC you have claimed)

BUT as far as I know they will not backdate the money if you have not been providing fit notes. If you want backdated ESA then you will need to ask for the backdated fit notes.

Did you not notice that you weren't being paid ESA?

citykid5 · 13 March 2018 at 11:33AM

I'm not fit for work, that's why I was medically retired?
Yep I knew my payments would stop
At no point have I been fit for work, it's just the system they use to make people think they should be working n not sponging.
They haven't asked for a fit for work note
They've asked for a NOT fit for work note??
Well they didn't ask for anything until I contacted them to change my contact information

pmlindyloo · 13 March 2018 at 11:40AM

It's just a word - the old sick notes are now called fit notes.

It is up to you whether you get the fit notes or not.

We know the system is flawed but it is a system that has rules and if you don't 'play' by the rules then you can come unstuck.

They have said that you will be paid if you send in the fit notes so you either do that or don't. As I said, your choice.

citykid5 · 13 March 2018 at 11:54AM

My main question was , when I win my tribunal
Would they have to backdate any payments to August 2017?
If that is the case , I'll not waste my gp's time ?
Thank you for taking the time to advise

pmlindyloo · 13 March 2018 at 12:36PM

citykid5 wrote: »

My main question was , when I win my tribunal
Would they have to backdate any payments to August 2017?
If that is the case , I'll not waste my gp's time ?
Thank you for taking the time to advise

Have been doing some research about the backdating of payments and I am now unsure since this was not your first claim for ESA.

It is possible that if you are awarded ESA at tribunal then since you were already receiving ESA the new decision will continue your claim and therefore no new fit notes will be required.

I am sorry that I cannot give you a definite answer about this one.

Epitome (one of the regular posters) is particularly good at these kinds of questions so hopefully they will be along to answer.

I will have another trawl through the Decision Makers Guide to see if I can find the correct information.

Maybe someone else will beat me to it or will have personal experiences of this scenario. Hope so.:)

citykid5 · 13 March 2018 at 12:51PM

Thanks again.
This is also my thinking.
I will leave my gp appointment for now and cancel if required

pmlindyloo · 13 March 2018 at 1:23PM

Logic tells me that if you wanted to continue receiving ESA from August 2017 now then you would need to produce fit notes as you have been found fit for work by the WCA.

This would make sense because it is possible that a tribunal would find you are fit for work . (Talking in general terms now, not specifically your case) To claim ESA you need a fit note until a decision is made.

What I am unsure of is the scenario when you didn't provide fit notes - i.e you were not claiming ESA during the time leading up to the tribunal appeal - and you then won your appeal whether you would receive backdating.

To be honest, most people provide fit notes because they wish to be paid during the lead up to the tribunal so yours is something I haven't come across before.

teddysmum · 13 March 2018 at 3:13PM

As mentioned in the previous post, being medically retired from your regular job does not prove that you are incapable of other work, so more proof is needed.

Some people may become incapable of any work, but if the job was dangerous for someone with a condition or the condition meant the job couldn't be performed as required, then there could be opportunities elsewhere, so this has to be considered,unless proof s provided.

Alice_Holt · 13 March 2018 at 7:25PM

"I'm not struggling for money , I receive a company pension ( very fortunate I know ) "

Have you declared this to the DWP?
ESA payments will be affected by pension income.
Were you in receipt of Contribution-Based or Income-Based ESA?

"If you receive only Contribution Based ESA then there is an £85 per week disregard for pension income followed by a £1 per week deduction for every £2 of pension in excess of the £85.

If you are receiving Income Related ESA either in part or in whole then the pension income will be deducted £ for £ from your ESA(IR)."

https://www.benefitsandwork.co.uk/forum?view=topic&catid=10&id=116123

Esa going to tribunal

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free