ESA Backpay after tribunal

k1297

In February I had an ESA tribunal I managed to get in the support group due to ESA regulation 35 I started my claim in September 2017 I haven't received any Backpay yet will I get back pay from 2017 the year I started my claim ?

poppy123456

That's a long time to be waiting for a decision. Was the decision the Tribunal made for your first work capability assessment? Or did you have previous assessments?

k1297

I have had 2 assessments  assessments I was first in the work activity group 2017 then I got reassessed and tried go in the support group but got denied so took it to the tribunal the judge themselves said they don't know why I wasnt in the support group in the first place

poppy123456

Then it won't be backdated to 2017. For your 2nd assessment was this because you reported changes to your health condition or did ESA start the review?

k1297

ESA did a review and reassessed me but got denied so I took it to the tribunal 

poppy123456

k1297 said:

ESA did a review and reassessed me but got denied so I took it to the tribunal 

It will only be paid from the date DWP made that decision.

k1297

I am goin to try take this up with the Tribunal because I have never done in any work related activity or jobs with the job center since 2017 and the judge themselves said they don't know why I wasn't in the support group in the first place @poppy123456

calcotti

The tribunal can only make a decision on the DWP decision currently being appealed. They cannot revise the earlier DWP decision.

poppy123456

If you thought you should have been in the Support Group after the first decision then you should have requested the MR then Tribunal for that decision. As you didn’t do that then it won’t be backdated to that date. 

k1297

I understand the tribunal are looking in to it now

L_Volunteer

How are you feeling about everything at the moment @k1297? Please don't hesitate to let us know how it goes and if we can do anything else to support you