ESA Backdated ???.

[conchy_joe]

Hi Everyone,

Last January my son was deemed fit for work after undergoing the ATOS medical assessment,and as a result he lost his ESA allowance.

We appealed the decision and won the appeal this month.After we launched an appeal his ESA was reinstated at the lower rate.Now I assume that he will be put back on the previous rate,but I am unsure how far back his money will be backdated.Can anyone help please.

[johnvernon74]

His money will be backdated to January when he was made fit for work. On here is says that can take 8 weeks to be processed keep on ringing them weekly

[Roz111]

Hi conchy I to went to appeal and won my ESA appeal this month.Johns quite right his money will be backdated to when he was disallowed last January and he will now receive his ESA at the correct rate depending on what group he is put in and will also receive backpay for the difference fron Jan.Unfortunatley there does seem to be a real delay on getting this sorted and like John said you could be in for a long wait......

[conchy_joe]

Thank you all for your help.I don't mind the delay,just so long as we know when it will be backdated to.At around £40 per week he is looking at over £2000.I'll ring them every week.

[Nystagmite]

It should be from week 13 - seem to remember that not everyone is sent for a medical at week 13.

[conchy_joe]

Hi Nystagmite,The "week 13" has been mentioned a few times.Could you explain it to me please.My son had his medical assessment on 31/1/11. We won the appeal this week,do you know how many "backdated" weeks he might get.

[Nystagmite]

In theory, at week 13 you're sent for a medical to see if you're fit for work. You're then paid an extra amount depending on what group you're put in.

[conchy_joe]

Sorry still don't quite get it. How would the "week 13" fit with my son's scenario.

[Roz111]

Was your son on IB prior to his medical if he was then hes like me.I was on IB then had dreaded ATOS medical for migration to ESA ofcourse I failed this as do most people then went to appeal IB claim stopped appllied for ESA been on assesment rate ever since for the past 8 months.Now I have won my appeal but still have to wait for everything to be changed to correct support rate and backdate.I will be backdated to the day my claim was diasallowed after medical which in my case ws 18/06/11.If im right 13 wk rule only applys if its a totally new claim with no previous IB claim.If you look on his tribunal award notice it shold show the date the orginal award was denied it should be backdate to this date......

[Roz111]

Sorry conchy just read your orginal post again so your son was previously on ESA.so will definatley recieve backpay to when your sons decision was disallowed no 13 week rule.........

[honeybee13]

Hello there. In case it helps, here is information from the directgov website that might help about the 13 week thing.

 

Money, tax and benefits

 

 

 

Employment and Support Allowance - introduction

 

Employment and Support Allowance provides financial help to people who are unable to work because of illness or disability. It also provides personalised support to those who are able to work. Find out more about Employment and Support Allowance.

 

About Employment and Support Allowance

 

Employment and Support Allowance offers you personalised support and financial help, so that you can do appropriate work, if you are able to.

It gives you access to a specially trained personal adviser and a wide range of further services including employment, training and condition management support. This is to help you manage and cope with your illness or disability at work.

Employment and Support Allowance involves a medical assessment called the Work Capability Assessment. This assesses what you can do, rather than what you cannot, and identifies the health-related support you might need.

Most people claiming Employment and Support Allowance will be expected to take steps to prepare for work. This includes attending work-focused interviews with their personal adviser.

Under Employment and Support Allowance, if you have an illness or disability that severely affects your ability to work, you will get increased financial support. You will not be expected to prepare for a return to work. You can volunteer to do so at any point if you want to.

 

• Employment and Support Allowance - Work Capability Assessment
  

 

• Employment and Support Allowance - Medical assessment
  

 

• Employment and Support Allowance - After your medical assessment
  

 

Who can get Employment and Support Allowance

 

You may be able to get Employment and Support Allowance if you have an illness or disability that affects your ability to work. Find out who can get Employment and Support Allowance using the following link.

 

• Employment and Support Allowance - eligibility
  

 

Employment and Support Allowance rates and how to claim

 

There are several ways you can claim Employment and Support Allowance. The easiest and quickest is by telephone or textphone. Find out how to claim Employment and Support Allowance using the following link.

 

• Employment and Support Allowance - how to claim
  

 

The amount you get paid depends on your circumstances. It also depends on what effect your disability has on your ability to do any work. Find Employment and Support Allowance rates using the following link.

 

• Employment and Support Allowance - rates
  

 

How it works

 

For new claims, Employment and Support Allowance consists of two phases:

 

• the assessment phase
  
• the main phase
  

The assessment phase

 

The assessment phase lasts for the first 13 weeks of your claim. This is while a decision is made on your capability for work through the Work Capability Assessment. During this phase, Employment and Support Allowance is paid at a basic rate.

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. During this phase, an additional amount (called a component) is paid on top of the basic rate.

 

 

My best, HB

[conchy_joe]

Thank you all, you've been very helpful.Hopefully my son will get a nice cheque in the near future.As for ATOS and the "people" who gave them their position,well they are beneath contempt.

Once again,many thanks.

[Life-Goes-On]

Thank you all, you've been very helpful.Hopefully my son will get a nice cheque in the near future.As for ATOS and the "people" who gave them their position,well they are beneath contempt.

Once again,many thanks.

 

If his benefit is paid into a bank account, so will any back payment.

[conchy_joe]

thanks L-G-O.