Won Incapacty benefit in October still no backpay!

[maestro451]

I really need some help.

 

I wont my incapacity benefit tribunal dating back from a medical in 2009 (i had the first tribunal decision set aside) and still havent had my back pay or been put back on i.b

 

At first they didnt know what the appeal result was all about as asfar as they knew I lost the tribunal so had to send in upper judges decision.

Then after another month of chasing the said I had to fill out an A2 form which basically includes all your details for their system.

Now after another month of chasing they now say I need to stop my ESA before they can process the arrears??

 

It doesnt make sense to me, i told them to liase with esa and sort it out between themselves and that I didnt feel comfortable withdrawing my esa claim and my benefit helper agreed by they are adament they will not process this tribunal win until I stop my esa claim.

 

Its so frustrating, they are all in the same building, why cant they sort it out!!!

 

I wrote a letter of complaint 3 weeks ago but ive never had an acknowledgement

 

what should I do?

[MIKEY DABODEE]

Hello Maestro451.

I gather that whilst your appeal for IB was being heard you claimed ESA

You have won your IB appeal and now you want to go back on I.S

 

You are entitled to do this

.

First step fill out your A2 and get in in, I would phone the contact cente make an appointment at the Jobcentre and hand it in.... Three of four working days later ring I.S and confirm receipt.

Now day After you get paid ESA, ring them and state you want to close your claim.

Next day ring I.S and say you want your arrears of the Disability Premium from 2009

You have closed your ESA claim and you want your I.S reinstated please

 

This will be done.

 

Right now to the techinical side. You cant have a live ESA claim and I.S claim you need to shut one

You will have to shut the ESA one down to get the I.S into payment

Maestro its your ESA claim before you can get your arrears you and only you will have to ring and close it.

Day after your next payment then I.S have two weeks to pay you......

[maestro451]

Hi yes thats exactly right, while this long incapacity benefit appeal was going on I claimed ESA.

 

I have already sent back the A2 form a few weeks ago so thats ok.

 

Thats exactly what theyve told me after 3months of chasing, I still dont understand why they cant just switch it over themselves, I mean when you get switched from I.B to ESA they do it automatically.

[MIKEY DABODEE]

Yes by the office in Aberdeen , but this is different.

I process I.S

 

If you want to come back on I.S then please close your claim to ESA and tell I.S and then your claim will be sorted.

You can not have a live ESA claim and I.S claim on the same time.

tis one or the other

[maestro451]

Ok, I will do it after I next get money through

 

many thanks for your help

[martyx]

Have a look at this thread on rightsnet - IS arrears further to successful IB appeal/ESA claim

[maestro451]

Right well im confused again now because ive printed out the decision makers guide from the rights net link and as far as I can tell its up to an esa decision maker to superceed the decision to award me ESA after I wont the I.B tribunal.

[MIKEY DABODEE]

Dont know what that means

 

This is how we do it and all I pressume I.S change of circs processing teams,

 

Fill out your A2

Close your ESA, a phone call to them

We open your I.S you make a phone call to us

I.S Offset any ESA paid to you,

this means you are owed arrears since 2009 of I.S but of course you have been paid ESA, so we have to take this into account

then we pay you your arrears..

simples

 

We cant pay untill ESA is closed because we cant put your claim on to the system as ESA have a claim for you..

 

Its up to you...............

 

But if you do as I suggest and close your ESA claim the day after you have been paid then I.S has two weeks to put you back on and issue payment...

 

I know its daunting to close your ESA but you will have to get to sorted.

 

IF you call the BDC and need to speak to someone about your claim always ask for a call back, a member of the team will then ring you back

Edited January 25, 2012 by MIKEY DABODEE