ESA Backdated Enquiry

[AdamManc88]

Hi Everybodyl,

 

First time poster here (although i have been keeping my eye on various posts for a few weeks now) so forgive meifi i am the wrong section.

 

I am currently employed but off work with doctors 'fit' notes as i have been struggling with a lower back problem or over 2 years now (25 years old )

 

I recently was told i was entitled to ESA (assessment phase) and it would be paid from 28.06.13.

 

This was the not the date i gave when i put my telephone claim in on 01.07.13. I rang fairly late on the day and the Welsh lady on the other end was speaking at 100 mph and seemed to rush me and in all o this the dates have been mixed up.

 

When i received my package with the questions and answers i'd given on the phone the dates were incorrect as mentioned above so i phoned them up and the lady said she had 'added the notes' of the new dates i wished to claim from.

 

It now turns out that these 'notes' are nowhere to be found on the 'system' and i have been told today to go to my nearest Job Center to get a 'backdated claim form' and send it of with a letter explaining why i am backdating to my processing office (Preston) to pursue my backdated payments.

 

My last day worked was 24.05.13 and my first doctors 'fit' note was dated 28.05.13 and my processing office has all 3 fit notes including the first one mentioned above as i sent them all off as part of the evidence they needed along with SSP1 form.

 

Now, the reason i claimed on the 01.07.13 even though i last worked the 24.05.13 was because at the start of June my employer told me 'there should be no problem with Stat Sick Pay' and being a fool i just took this as gospel and expected to be payed something at the end of June. I was NOT and i had not received an SSP1 form from my employer which i understand is to be sent to an employee within 7 days (i may be wrong). My company basically left it to me to realise i had been paid 0.00 for the month of June and also let it to me to chase a SSP1 form which they then sent to me but had not signed it (they literally ticked the box that said i was not entitled to SSP as i had not earned enough in the tax year)

 

Eventually i got it signed and dated on 08.07.13 and sent it off with the fit notes mentioned above.

 

So my question is this... Will i be chasing my tail in trying to get this backdated or in your judgement do i have a reasonable case for backdated ESA?

 

I am slightly annoyed that the lady i spoke to last week took the new claim dates and 'added them to the system' only to be told today i need a separate form which i shall get tomorrow and send of with a letter explaining the previous paragraph and the whole trouble of obtaining my SSP1 form from my employer which i was told was compulsory to the claim when initially making it.

 

 

Sorry for waffling on but i didn't want to miss any details/dates and i am just after a bit of guidance as to i i have a case or not and if getting a backdated claim form from my local Job Center is the correct path to take.

 

 

Thanks for reading/replying

 

Regards,

 

Adam

[**Margaret**]

:AdamManc88:

 

Hmm...... Not saying there isn't a separate claim form for backdated payments of employment n support but I've yet to see one, despite having applied for several. I'd double check with your benefit centre (number on your award letter) before chasing off down the jobcentre. And you've reminded me of why I hate telephone claims. The paper ESA1 claim form specifically asks whether one's applying for a claim to be backdated.

 

In my opinion you have a reasonable case for your claim to be backdated. The usual criteria are entitlement from the date claimed and good cause, which includes Jobcentreplus errors, for not claiming sooner. From this point, I'd put the whole saga into a letter and send it recorded delivery (with or without a 'backdated claim form') to your benefit centre. Calls to Jobcentreplus contact centres are recorded and if necessary transcripts can be obtained via subject access.

 

Best wishes, Margaret.

Edited July 16, 2013 by **Margaret**

[estellyn]

SSP has nothing to do with tax year earnings, but with what your average weekly wage is - are you sure this has been calculated correctly?

[AdamManc88]

Hi & thanks or the replies.

 

Yes my SSP was in relation to average weekly wage as opposed to tax year earning i got mixed up sorry.

 

I did what Margaret suggested and phoned ESA back up and the man i spoke to told me that backdated claim forms only relate to JSA and not ESA so he confirmed what Margaret suggested which was to write a letter explaining my reason for requesting a backdating on my ESA (as explained in OP) and posted it off First Class recorded this aftternoon so just a case of waiting now.

 

Just another quick question....

 

My current fit note expires on 23/07/13 (a week today) and i know this causes problems with continued payments of ESA as my doctor will not issue one in advance and it may be around the 24th/25th that it will arrive via post at my benefit office (Preston) if i collect it on the 23rd dated for the 23rd. Do they understand that continued fit notes cannot be obtained in advance and there will be a gap o a ew days where they do not have the current fitnote needed? Im just worried it will affect my ESA

 

Thanks

 

Adam

[AdamManc88]

Hi All,

 

Just a quick question.

 

I have just received a letter stating that my current it note expires next Monday 22nd and they expect the new one on Tuesday 23rd. Now i wont see my GP until Tuesday 23rd as he i know fit notes cannot be dated in advance so how the hell can i get it there on the same day as it may cause 'stopping or suspension of payments)

 

How do i go about this?

 

Surely they understand this is impossible to do as the fit note will be dated 23rd when i collect it on the 23rd and it may take a ew days or them to get it.

 

The pre paid return envelope (2nd class) included also says on it not to affix any other postage stamps? Im not sure if is ok for me to affix a 1st class recorded stamp on this? I did last time and it got there within 2 days.

 

Ideas?

 

Thanks in advance

 

Adam

[speedfreek]

The pre paid return envelope (2nd class) included also says on it not to affix any other postage stamps? Im not sure if is ok for me to affix a 1st class recorded stamp on this? I did last time and it got there within 2 days.

 

10p to upgrade it to 1st class and a free proof of postage certificate from the post office job done.

 

Call 7-10 days later the ESA helpline to check receipt.

 

Never heard of the DWP over ruling general postage rules (that since they are not the post office and have no say in the matter) or stating such on an envelope?

[AdamManc88]

Any ideas how i get around the dates? They have asked for the new fit note to be sent in for Tuesday 23rd but i won't actually see my GP until Tuesday 23rd as he will not date it in advance and it may take a few days to get to them...

 

Thanks

[**Margaret**]

:AdamManc88:

 

Worst case scenario here is that your next payment may be a few days late. Your current Med 3 (unfit) note runs out on 22 July so the computer will withhold further payments until it's fed a new one. Soon as that happens you'll receive any outstanding payment, and the next payment as normal. Payment of your claim may be delayed, but the claim won't be suspended or closed.

 

For future reference, (unfit) notes can't be post dated but, when necessary, they can be backdated. And from a Jobcentreplus view, overlapping notes aren't a problem either. Also, there's nothing in the regs to prevent a doctor writing a new (unfit) note before a previous one runs out.

 

Think 'not to affix any other postage stamps' means you don't need to. Whether you choose to is an entirely separate issue. Certificate of posting is free. £1.10 gets you confirmation of delivery, but not always an individual signature cos benefit centres usually receive mail in bulk.

Margaret.

[AdamManc88]

I shall try get in to see my GP on Monday the 22nd and see i he can issue it a day early with the date o 23rd so i can get it posted off asap. In regards to posting, i have ready on many posts here at CAG forms that DWP have a great knack for 'not receiving' documents so i am covering all bases by going recorded.

 

Thanks or your help Margaret on both this post and a previous one, much appreciated

 

Adam

[antone]

I shall try get in to see my GP on Monday the 22nd and see i he can issue it a day early with the date o 23rd so i can get it posted off asap. In regards to posting, i have ready on many posts here at CAG forms that DWP have a great knack for 'not receiving' documents so i am covering all bases by going recorded.

 

Thanks or your help Margaret on both this post and a previous one, much appreciated

 

Adam

 

By all means use recorded, but I have to say this - please don't fall victim to "DWP paranoia". They're not out to get you, and in fact, DWP staffers would rather pay your benefits than spend time on the phone explaining why they won't pay you. Think about it:

 

DWP Staff: I can issue a payment today, either to your bank or to a local Jobcentre.

 

Vs

 

DWP Staff: Sorry, I can't pay you.

 

See, dealing with the second situation is a pain in the ass.

[RaeUK]

You need to organise. Use a calendar or a diary and make a note of when your med cert runs out. Two or even three weeks beforehand get another one issued. It doesn't matter if they overlap. You cannot rely on the DWP to remind you - as you've just found out. No med cert = no payment. Make this a priority.

[AdamManc88]

Hi All,

 

it seems i'm chasing my tail with DWP....

 

the date i wished to claim from was put in for 28/6 on the system when i told the lady

when making the claim 28/5 and they have medical notes covering this date...

 

I was told 2 weeks ago when first chasing it up to go to my local job center

and get a 'backdated claim form' which when arriving at my job center was told this form was only for JSA and not ESA.

 

Rang the following day to be told 'write a letter explaining why you wish to backdate' which i did.

A 2 page letter covering all the dates and reasons, posted it 1st class recorded.

 

I heard nothing or over a week then rang them last Thursday to be told

'we can see everything on our system and i PROMISE a decision maker will call you between 9am and 1pm tomorrow (Friday)

- Of course this didn't happen.

 

Received a voice mail today (Monday 29th) saying they apologise but they have

'deleted something from the system' and i have been posted an ssp1 for in post in order to backdate.

 

there is a form after being told there is, then there isn't, and now apparently there is.

Isn't the ssp1 form the big huge initial claim form?

Am i going to have to fill all this out again?

 

It seems i'm chasing my tail all the time with DWP.

 

They are quick to tell me i need a new fit-note,

need to do my atos forms,

to wait in for a call that doesn't arrive...

 

. but due to human error on their part

i know have to make many phone calls and fill even more form in.

 

Do they want me to just give up on getting the 4 weeks im owed backdated?

 

So angry right now so apologies if it came across in my post.

 

They are all on different wavelengths and this is in no way efficient to the claimant.

 

So i have to fill in an ssp1 again?

 

Advice appreciated,

 

Thanks

 

Adam

[**Margaret**]

:AdamManc88:

 

Either Jobcentreplus have lost your SSP1 form (statutory sick pay) or, from your previous posts, it's possible that the one you sent wasn't completed correctly. Whatever the reason, you're going to have to chase your employer to complete another form.

 

If you've the technology, there's a downloadable and printable copy at;

 

http://www.gov.uk/statutory-sick-pay/eligibility

 

So far as I know there isn't a separate from to apply for backdated employment n support allowance. The 'big huge initial claim form' is the ESA1 for paper claims as opposed to telephone claims. For reference there's an example at;

 

http://www.dwp.gov.uk/docs/esa1-print.pdf

 

My personal preference is an old fashioned paper claim form in a envelope with the SSP1, proof of income, etcetera. Unfortunately Government don't agree with me!!

 

If you've received an ESA50 form to complete there's a guide to the first part at;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide

 

And if you need a guide to the mental health part, there's one on Rethink's site.

 

Best wishes, Margaret.

Edited July 29, 2013 by **Margaret**