Hello

Finally & T.G., I won my ESA appeal. Please can I ask a few questions?

(1) How long (roughly) will DWP take to pay arrears?

(2) How will HB / CTB treat my case? (i.e. will an overpayment of HB/CTB be created whilst on Assessment Rate?)

(3) Does DWP ever appeal the HMCTS appeal decision?

(4) Do DWP take notice of any reassessment recommendations?

(5) I have been advised by a few advisers to claim DLA / PIP but am stressed enough with claiming ESA. Is there any correlation between ESA and PIP decisions?

Thanks

(thanks for answering previous HB etc. questions)

Hi

I have been told that the DWP have 30 days to appeal but I have no idea if they do, I somewhat doubt it.

As for your HB etc, as your rate of payment has gone up so do your allowances so it should make no difference,

As for recommendations about assessment, I was told that they often assessed again quickly but my two year date came and went and I have not been assessed again, it just carried on again

Hope that helps

Hello

 

Finally & T.G., I won my ESA appeal. Please can I ask a few questions?

 

(1) How long (roughly) will DWP take to pay arrears? How long is a piece of string? Given them a week or two and phone. They may at that point not even know about the decision, you may have to supply a copy of the decision notice and keep chasing.

 

(2) How will HB / CTB treat my case? (i.e. will an overpayment of HB/CTB be created whilst on Assessment Rate?) There will be no overpayment as your allowances would have increased. You do need to notify them that your benefits have now changed.

(3) Does DWP ever appeal the HMCTS appeal decision? Very rarely - they can only appeal on a point of law, not because they disagree with the decision.

 

(4) Do DWP take notice of any reassessment recommendations? In theory, yes. In practice, sometimes they do, sometimes they don't.

 

(5) I have been advised by a few advisers to claim DLA / PIP but am stressed enough with claiming ESA. Is there any correlation between ESA and PIP decisions?They are completely different benefits awarded based on different criteria, but DWP do sometimes use assessments from ESA to make a decision on PIP (you can't make a new claim for DLA any more) and vice versa. You have nothing to lose by making a claim (other than the stress/time to fill in forms etc) but if you can get help to complete the forms and make sure you point out that your ESA assessment was (presumably) somewhat flawed.

 

Thanks

(thanks for answering previous HB etc. questions)

Have a search for the criteria for PIP and make as objective a guess as you can as to whether you would score enough points (8 for the lower rate of each component, 12 for the higher).

I am going back last year. After i won my appeal at Tribunal, the DWP paid the arrears within 2 weeks.

There's some crossover in the criteria for PIP and ESA.

DWP do look at the ESA decision. But this doesn't mean they will appeal it. As mentioned, they can only appeal on a point of law. (like you)

Thanks for all the replies:

fletch70 - your experience etc.

reallymadwoman - detailed answers + pip criteria

capquest worst knightmare - Good to hear your arrears were paid quickly

Nystagmite - your pip / appeal answers