ESA appeal allowed

[Jason6416]

Hi i won my esa appeal on 22/12/2011 and was just wondering if anyone knows how much money i will get backdated i have been getting the assesment rate of £53.45 a week since 31/5/2011 and now im am wondering if i will get the remaining £40.80 a week up till now backdated to me becuase someone told me i would only get £26.75.

I am 21 and was getting £188.50 a fortnight before june last year so will i get the remaining £81.60 backdated to me any help please.

[antone]

Since you have been found to have limited capability for work, your basic allowance will increase to the same level as paid to those over 25. This will be effective from week 13 of your claim. So you will get the higher amount.

[Jason6416]

so will i get the £81.60 they owe me for all these weeks because my payments used to be £188.50 and now its £106.90

[antone]

You should do, yes. As of week 14 of your claim, you would be due £67.50 as a basic rate plus the work group component. The difference between what you are due and what you were actually paid will be backdated and is usually paid to you in a lump sum once your appeal result has been processed by the DWP.

[Jason6416]

Hi i phone up job center today and i asked about my backmoney and they said they havent recieved anything from the tribunal services yet so they sent a message to the benefit center and they phoned me up and told me that they have my appeal evidence but they said there is a backlog with christmas does anyone no how long it could take to backdate me

Thanks

[ErikaPNP]

Backdated payments following tribunals usually take in the region of 2-6 weeks.

[Jason6416]

Hi can someone explain to me what this on my appeal letter that i won

 

Decision Notice

The appeal is allowed

 

The decision of the Secretary of state issued on 31/5/2011 is set a side

 

The descriptors satisfied in Schedule 2 of ESA Regulations are:

 

Getting about - 15 (b) = 9 points

Coping with social engagment - 16 ( b ) = 9 points

Total 18 points

 

The appellants circumstances are exceptional : he has a mental disablement which gives a substantial risk to his mental health if he were not to have limited capability for work related activity. Regulation 35 of the ESA Regualtions does apply.

 

so i dont even no if im in the work related activity group or the support group but when i went to the tribunal the judge told me that he was going to tell ESA to put me on the highest rate.

[antone]

ESA Regulation 35 reads:

 

35.—(1) A claimant is to be treated as having limited capability for work-related activity if—

 

(a)the claimant is terminally ill;

 

(b)the claimant is—

(i)receiving treatment by way of intravenous, intraperitoneal or intrathecal chemotherapy; or

(ii)recovering from that treatment and the Secretary of State is satisfied that the claimant should be treated as having limited capability for work-related activity; or

©in the case of a woman, she is pregnant and there is a serious risk of damage to her health or to the health of her unborn child if she does not refrain from work-related activity.

 

(2) A claimant who does not have limited capability for work-related activity as determined in accordance with regulation 34(1) is to be treated as having limited capability for work-related activity if—

(a)the claimant suffers from some specific disease or bodily or mental disablement; and

(b)by reasons of such disease or disablement, there would be a substantial risk to the mental or physical health of any person if the claimant were found not to have limited capability for work-related activity.

 

I've bolded the relevant section. You've been placed in the Support Group by the Tribunal, on the grounds that expecting you to participate in work-related activity would pose a risk to your physical or mental health.

[Jason6416]

Hi so i have been getting £106.90 a fortnight from 31/5/11 will they owe me the remainder £92.80 for all these weeks backdated to me and do you no if it means i will get the disability premium on top of it because it says something about mental disablement and do you think i will have to go for another medical later on

[Nystagmite]

It can take a few weeks for the money to get backdated.

[Jason6416]

It can take a few weeks for the money to get backdated.

 

ive been waiting since 22nd december will i get a letter or will it go straight into account

[antone]

Hi so i have been getting £106.90 a fortnight from 31/5/11 will they owe me the remainder £92.80 for all these weeks backdated to me and do you no if it means i will get the disability premium on top of it because it says something about mental disablement and do you think i will have to go for another medical later on

 

You'll be paid at the over 25 rate, plus the Support Group Component, plus the Enhanced Disability Premium. The difference between what you are due and what you have actually received will be backdated to week 14 of your claim. It can take between 2 and 6 weeks to process this - the DWP needs to be informed of the Tribunal result and update their systems accordingly.

 

You should receive a letter, but there's no way to know whether you'll get it before or after you get paid.

[antone]

Two threads on the same topic merged.

[Jason6416]

You'll be paid at the over 25 rate, plus the Support Group Component, plus the Enhanced Disability Premium. The difference between what you are due and what you have actually received will be backdated to week 14 of your claim. It can take between 2 and 6 weeks to process this - the DWP needs to be informed of the Tribunal result and update their systems accordingly.

 

You should receive a letter, but there's no way to know whether you'll get it before or after you get paid.

 

Thanks i think i will give them a ring in the next few days to see whats going off

[Jason6416]

I phoned up ESA today about my benifit and backdated money and they said its been sorted out and they have sent me a payment and then i asked them what group i am in and they said the work related activity group but the judge told me at tribunal he was going to put me on highest rate and antone said i was put into the support group so whats gone wrong any help please

[antone]

I phoned up ESA today about my benifit and backdated money and they said its been sorted out and they have sent me a payment and then i asked them what group i am in and they said the work related activity group but the judge told me at tribunal he was going to put me on highest rate and antone said i was put into the support group so whats gone wrong any help please

 

Either they've made a mistake or I have. My money's on it being the DWP that's wrong, not me.

 

What's probably happened is that whoever updated your claim with your appeal result didn't know which group you had been placed in, so played safe by putting you in the WRAG. It's likely that the person hadn't actually read the Tribunal decision.

 

However, your letter from the Tribunal clearly states that regulation 35 applies, you have been found to have limited capability for work-related activity and this means you should be in the Support Group. I would call them and mention this, and be prepared to put this request in writing if they ask you to.

[Jason6416]

Ok thanks will wait till i get my letter through post and then i will give them a ring and sort it out

[ErikaPNP]

I''m with Antone on this one. DWP are sooo wrong here.

 

If someone just has limited capability for work(LCW), they're in the WRAG. If someone has limited capability for work related activity (LCWRA), they're in the Support Group. When regulation 35 applies, the claimant has LCWRA.

 

Jason, tell them to look up paragraph 42353 of the Decision Makers Guide - it's in chapter 42. It states:

 

42353 Claimants with the most severe illnesses or disabilities who have LCWRA will receive the support component without conditionality although they may participate in work-related activity on a voluntary basis if they so wish.

 

You meet this criteria - therefore you should be in the Support Group.

 

Here is a link to that piece of information.

[Jason6416]

Hi Erika and Antone could you tell me what i should say when i phone up tomorrow because i dont no what to say to them and today when i phoned they said that they have already sorted my backpay out and sent it will they be able to change me from the wrag to support group

[ErikaPNP]

Ok. When you phone, you do not get through to the ESA section. You get through to a call centre. If they still say you are in the WRAG, it is very important that you ask for a call back from an ESA Decision Maker. Stay at your computer when you make the call. Have this page open and read directly from my post.

 

You say: "I called yesterday about my claim because the tribunal have decided in my favour. During the call yesterday I was told that I was placed in the WRAG, but I think that's wrong. Can you check that again for me please?"

 

They will check. If they say you are in the Support Group, ask how much the arrears are that have been issued to you, and write it down. End the call.

 

If they still say you are in the WRAG, you ask for a call back from an ESA decision maker. If they won't do this, tell them that there has been a mistake in the way they have applied the tribunal's decision and you need to speak to a Decision Maker about this. If they still refuse, ask for a Team Leader and repeat.

 

When an ESA Decision Maker calls you back, repeat what you asked above. If they say you are in the WRAG,

 

you say: "My decision notification from the Tribunal states that regulation 35 applies. When regulation 35 applies, the claimant must be placed in the Support Group as they are deemed to have limited capability for work related activity. This is confirmed by paragraph 42353 in chapter 42 of the decision makers guide. Therefore, I should be in the support group, not the WRAG. Could you please take a look for me?"

 

If they still say you are in the WRAG,

 

you say: "Can you tell me if the DWP are appealing against the Trinunals' decision or otherwise disagreeing with it?

If they say yes, ask on what grounds and then write it down. Then thank them for explaining and end the call.

 

If they say no

 

you say: "I am acting upon advice. I will have to go back to the place that advised me to find out what to do next. Thank you."

 

and end the call

 

They don't know it but 'next', unless they have very good reason for refusing to implement the Tribunal's decision, we'll be writing a letter to your MP - I'll help you to do it. If at any stage they question you about regulation 35 or the decision maker's guide, it's perfectly ok to say that you don't know, that you sought advice and were told to put these things to them. You do not have to tell them who advised you - that's your business.

[Jason6416]

Thanks Erika i will phone them in morning and then i will let you no what they say

[Jason6416]

i have phoned up esa and they said im in wrag group and i will be only getting £53.45 + £26.75 thanks equals £80.20 so they said thats £160.40 a fortnight and i used to get £188.50 before i appealed so why is this am i only getting £160.40 now i have got anxiety and depression and its upsetting me

[ErikaPNP]

You should be getting £53.45 personal allowance and £32.35 support component. (The £26.75 is the WRAG component)

 

Did you get an ESA decision maker to call you?

 

Did you say what I said to say in my post? If so, what were their answers that I asked you to write down?

[Jason6416]

Hi erika i phoned them up today and told them what you wrote down to me and they said they would call me back between 2 and 4 but they never did so i phoned them back up at 5 and said i needed someone to ring me about it because they said i am still in the wrag group so i asked them how much i will be getting a fortnight and she told me £53.45 and the wrag £26.75 and i said why am i only getting that because before i went for my medical last year i was getting £67.50 plus the wrag component £26.75 so that was £188.50 a fortnight so i said why am i getting less money now and she said something about my money getting sanctioned or something so i dont no what to do now

[Nystagmite]

You need to ask why you've been sanctioned.