ESA backdating?

[lala1984]

Hi all,

 

I hope someone can help.

 

I have been claiming ESA and went for my medical last October with a very rude nurse who said I was fine to work.

 

I made an appeal and had my tribunal hearing yesterday which I won and was told I am in no fit condition to be in a work placement.

 

My question is even though I still had to send off sick certs and was recieving 65.00 per week now my money is to rise can I claim it be back dated? Will they allow this.

 

Thanks

[Nystagmite]

It should be back dated to week 13.

[lala1984]

Thanks Nystagmite.

 

Sorry if I seem a bit dumb I'm new to ESA. Would this be done automatically or do I have to request it? Even though I was still being paid will they pay the difference in amounts or the full 90 odd pounds a week?

[honeybee13]

Thanks Nystagmite.

 

Sorry if I seem a bit dumb I'm new to ESA. Would this be done automatically or do I have to request it? Even though I was still being paid will they pay the difference in amounts or the full 90 odd pounds a week?

 

Hello there. I wonder if you're making this a bit more complicated than it needs to be. If you've been receiving the assessment rate of £65pw, then they owe you the difference between that and what you should have received for someone either in the work-related group [WRAG] or the support group, as I understand it. So the £30 or so a week should be backdated to te beginning of week 14. This is what the directgov website says.

Rates

 

Weekly rate during the assessment phase

 

The assessment phase rate is paid for the first 13 weeks of your claim while a decision is made on your capability for work through the Work Capability Assessment.

Age of claimant Weekly amount A single person aged under 25 up to £53.45 A single person aged 25 and over up to £67.50Weekly rate during the main phase

 

The main phase starts from week 14 of your claim, if the Work Capability Assessment shows that your illness or disability does limit your ability to work.

Type of group Weekly amount A single person in the Work Related Activity Group up to £94.25 A single person in the Support Group up to £99.85 In most cases you will not get any money for the first three days of your claim. These are called 'waiting days'.

Depending on your circumstances you may be able to get more money if you get income-related Employment and Support Allowance.

 

 

I hope this helps you.

My best, HB

[lala1984]

Hi Honeybee

 

Thanks for your reply.

 

Like I said I'm new to this so do not fully understand the ins and out. Hope if I clarify what and when I've been getting will help.

 

I started a ESA claim in August last year getting 67.50 per week.

 

I had a medical in December which was unsuccessful, so had to keep sending sick certificates to cover me and still getting 67.50 p/w, I then appealed and had my hearing yesterday which I won.

 

So are you saying I will get the difference back dated to me automatically or do I have to request that it's backdated?

[honeybee13]

I think they backdate it automatically. Do you have an office you can ring easily to ask them?

 

My best, HB

[antone]

You've won your appeal - it will be backdated automatically. You should be paid the difference between the assessment rate that you actually were paid, and the rate for whatever group you were placed in by the appeal tribunal. That should apply, as mentioned, from week 13 of your claim.

 

The computer system that ESA processers use should take take care of this automatically and make the appropriate payment. It's not a bad idea to chase things up with you BDC just to make sure.

[lala1984]

Thank you all for your help, the back dated payment will come in very handy as I have been trying to save up for something I desperately need.

 

One more quick question though. Will it take long to come through?

 

Again many thanks

Edited October 26, 2011 by lala1984

[lala1984]

Hi all,

 

Well they've only gone and done it. They've paid me whoop whoop

 

What I don't get it the rates they've paid, as per my letter

 

From 18th December 2010 your ESA will be £85.64 a week

From 31st December 2010 your ESA will be £91.16 a week

From 7th January 2011 your ESA will be £91.40 a week

from 15th April 2011 your ESA will be £94.25 a week.

 

Why all these different amounts?

 

TIA

[flumps1976]

Did you have any crisis loans or emergency immediate payments at any point whilst waiting for your claim to be decided?

It could be the recovery of those from your weekly entitlement. If not then I'm araid I don't know sorry.

The rates from the 7th January are your full weekly entitlement for some aged over 25 with the work related activity component. So it is the amount orior to that date which are reduced.

[rebel11]

Well Done Lala:-)

[Nystagmite]

Benefits went up this year in April. Do you have a pension?

[ldc]

hey well done on gettign you backdated payments roughly how long did it take to recieve it as im awaiting a medical then will be owed a payment if i pass it hopefully

[lala1984]

No pension and no loan.

 

It actually did not take long to come through, just under 3 weeks and they backdated me over £1200.

 

I was so surprised as whenever I ring or send letters they are so slow and quite thick.

 

Just so happy that they have finally got proof that I am not fit for work no thanks to that stupid ATOS 'nurse' who basically made stuff up and wrote things I didnt say.

[ldc]

any advice on how to go about passing this medical im confident i would anyway

[lala1984]

I'm sorry I don't. Like I said this nurse just made stuff up. I was in there less than 15 mins bawling my eyes out he didn't look at me once during the whole time, didn't offer me a tissue, absolutely nothing. For 2 of the sections he gave me 0 while the courts found it in favour and awarded me 6 points each.

 

Obviously just tell the truth and when you get a copy of the report read it carefully. As my report made me laugh as most of it was full of things I never said.

[lala1984]

Oh and try and take as much proof as you can. I took everything with me and he still declined my application.

 

My circumstances changed by the time I got the report and sent off my appeal letter with more proof but again it was declined with the words, Miss X 'alleged' changes feel she is not fit for work.

 

I took absolutely everything I had to the court and under 5 mins the decision was made

[Nystagmite]

 

I took absolutely everything I had to the court and under 5 mins the decision was made

 

That is absolutely ridiculous. (in the sense that you were found fit for work at the assessment and were at the tribunal who overturned the decision that quick)

 

ldc - don't do anything you normally don't do.