ESA Help needed

[lala1984]

Hi all,

 

This might be a long one so please bare with me.

 

I failed my medical in December 2012 and they paid me for a month. They then closed my file as I did not send in med certs. I called up and told them I did not get the letter asking for them and shall I send them from then on. The lady told me no as my file was closed and could not be reopened until I had been to court.

 

I had my court on 7th September 2013 and was put in the support group. They are saying they will not back date me as I didn't send med certs (I told them what had happened and they have no record of my call!!)

 

I was to send in back dated medical certificates to get my backdated payment. I went to my doc and she said it is all computerised now and she can't backdate them but gave me one to cover me for 2 months and I wrote a covering letter explaining this.

 

I have not had one payment since winning my court case and am getting different info from different people at the DWP. One said they can't pay me until they get backdated med certs and another telling me they are waiting for my file to be reopened to start paying me again but they have already sent me the difference of a underpayment from January!!

 

I have not had a single penny since January and I'm starting to get really annoyed, even the court was disgusted with the way I have been treated and said I would be backdated.

 

I don't know what to do now. I am owed nearly £4,000 and they are refusing it. But it's even more annoying that I have not had a normal payment since my court date over a month ago.

 

Can anyone help with what I can do to get things moving as I am getting really annoyed and I know if I phone them then I'm going to go mental (already shouted and swore at one very rude woman)

 

TIA

Edited October 7, 2013 by lala1984

[**Margaret**]

:lala1984:

 

Twaddle! You've been misadvised by Jobcentreplus.

 

Think the easiest way for you to understand this, is if I explain the (pre 28 October 13) options available to an appellant pursuing an appeal against a Jobcentreplus decision of fit for work.

 

1. Lodge an appeal and request payment of assessment rate, which needs to be supported by Med 3 (unfit) notes, pending the outcome of the appeal. Should the appeal be upheld, arrears of the awarded component are paid when Jobcentreplus process the tribunal decision. If the appeal's dismissed, Jobcentreplus don't recover the assessment rate payments.

 

2. Lodge an appeal and resolve to beg, borrow, live off family and friends pending the outcome of the appeal. Should the appeal be upheld, arrears of assessment rate plus the awarded component should be paid once Jobcentreplus process the tribunal decision.

 

Jobcentreplus should have advised that, even if an appellant doesn't claim assessment rate initially, they've the option to claim at any time pending the hearing of their appeal.

 

Currently it's taking Jobcentreplus up to three months to process tribunal decisions. But once your decision gets to the top of the decision maker's in tray (subject to Jobcentreplus appealing the decision, doesn't happen very often) you should be paid arrears of employment n support with the support component, backdated to week fourteen of your claim. And your new rate of employment n support until you're up for reassessment.

 

Best wishes, Margaret.

Edited October 7, 2013 by **Margaret**

[antone]

Yep, agree with Margaret. The Tribunal has determined that you should be entitled to ESA at the Support Group rate from the date the DWP originally took the decision to deny your benefit.

 

It's possible that, in some circumstances, you could have received assessment rate ESA while you were waiting for the appeal, and you would have needed med certs for that. But it's irrelevant now - certs or no certs, you should be entitled to the backdated amount.