Help, won esa appeal, now waiting for increase in payment/back pay also re assement

[cleverthing]

My mum is ill she suffers from very bad Osteoarthritis in her legs and hips and degenerative lumbar spinal discs, she also suffers with depression and panic attacks, she in constant chronic pain due to having both illnesses together, she cannot walk much and not unaided but when she does walk she is very slow and stops many times due the the pain and discomfort, she cannot stand unaided and for long as the pain is bad and she is weak on her legs, she has problems sitting, when she does finally manage to sit its not long before she is in so much pain, she cannot bend, dress or have a bath on her own as she cannnot do it etc.. she struggles day to day, Her Dr and Hospital consultant have both said that there is no cure and she will not get rid of these illness and they will get worse, she use to work but due to her illnesses/disabilties she cannot anymore and that was said by her GP and Hospital Consultant. She had a work assessment for ESA and got told she fit for work, even though she could not do the things they asked her, she screamed in pain, the assesor must of been blind, she help hold my mum, but the report was so made up and so many lies and conradictions it was unbelieveable she appealed, she been waiting along time to hear when it be then she got a letter in october saying the hearing s in novemeber

Well she had her appeal hearing on monday, it went well, she was awared enough points to pass the limited capabltiy for work and put in the support group . the appeal hearing was not a bad as we thought it be, they were friendly and listened and didnt judge:-), we were only in the actual hearing about just over 10 mintues, they said that they already sort of came to the decsion before hand just reading all the evidence and medical documentation that we and the CAB sent in and that they just wanted to clarify some things. so just to let people know not to give up.

can anyone tell me how long have they waited for their money to go back up to what it should of been and for the back pay, we been told different things:???:, and with christmas coming up, my mum could do with having her money increase to what it should be. Before ESA my mum was on income support with a sickness element on top, she then got told she be moved to esa and thats when she had her assessment in july 2011 but she didnt hear from that untill 14th october 2011 when they said she failed it, she been getting the bacis rate noe since then so thats 13 months so can anyone say when they would pay the back pay from.

also another question, we was advised that she could be called back up for another assessment in about 3 months, but could be longer can anyone who won their appeal and then got assesed again few months later tell me if that happens can we send copy of the appeal and a letter stateing that their no change it health and that it was only a few months that appeal was won. i heard that some people say they been put in the support group for two years but thats when they passed the medical, can anyone tell me if it happens when someone wins their appeal and put in he support group, its cause my mum so much stress, she worried now that she been called up again, or will they write to say she in suppot group for 2/3 years and what date would this be from? not sure how these people manage not to be re assessed for 2/3 years:???:

 

sorry to be abit long

[Zonker]

As fair as im aware the Decision Maker is the person who authorises payment and that wont happen untill they receive the tribunals decision in writing. From what i gather , she was receiving ESA at the same rate of her IS claim untill october when she failed (no surprise there) and was then put on assement rate whilst waiting for appeal. I think on that basis the support group rate would apply from the date you said in october. Im afraid i dont know for certain if i got all that right but i think thats how it applies here.

 

There has been some publicity of the esa merry go round , but its down to the DWP apparently for the reviews.

[**Margaret**]

:cleverthing:

 

Jobcentreplus receive tribunal decision notices at the same time as the appellant and the target time to process them is six weeks. Your Mum may be lucky but I wouldn't rely on them paying out before Christmas. Cos of their backlogs many successful appellants are waiting weeks, if not months, longer.

 

:Zonker: is right. Your Mum'll be due arrears of £32ish to £34ish per week for every week since the October 11 disallowance decision.

 

There's no way of knowing when your Mum's next reassessment will be. Not least cos the Government keeps tweaking the system. The decision maker who processes the case will set a reassessment date, but it's not set in stone. Should your Mum receive another ESA50 sooner rather than later, a copy of the tribunal decision (and the full statement of reasons if you've applied for them) can be used as evidence to support her claim.

 

Sincerely, Margaret.