Employment and Support Allowance (ESA)
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GOING TO TRIBUNAL

ewoodblueewoodblue Member Posts: 9 Listener
HI AGAIN IVE GOT MY DATE ITS FOR THE 25TH   JAN, I WAS WONDERING IF I SHOULD ASK THE AT THE TRIBUNAL IF I WIN ABOUT MY BACKPAY ,OR DO I LEAVE IT AND ASK,LATER ,AS I REALLY NEED IT TO PAY OF MY DEPTS ,IVE GOT SINCE THE ESA STOPPED MY MONEY IN JUNE 


Replies

  • tommtomm Member Posts: 231 Pioneering
    edited January 2018
    Any Arreas that may become  owing are a matter for the DWP to sort out , not the tribunal
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger
    IF the tribunal make an award they will determine from when. It will then be for DWP to either challenge that through a further appeal or pay up.
  • peasgood3peasgood3 Member Posts: 9 Listener
    Hi ewoodblue - if it's anthing along the lines of PIP benefit then -

    Is your's an oral hearing, if so DO go as it gives more weight to your case when they listen to you in person.

    IF you win - the Tribunal should determine if your award will be back dated to when you were first paid ESA after the initial assessment and usually follows whatever dates your claim is for (so if it's for 3 years, they go with that. If it's for five years they, go with that etc).

    I've read comments by the advisors on this site that the DWP do have a right to "appeal the appeal" but only on the grounds of a point of law not being followed NOT because they still dissagree with what's been said.

    If they do notifiy you that they are appealling - then they have 28 days to make their decision (and i've read on here that they can be spiteful enough to stop your existing benefit whilst they do this - but i see they have already stopped yours so that part won't be any different, except for the delay you may have).

    I really don't mean to make you worry (although it does concern me as we've just had a decision in our favour for PIP within the last few days and stopping our existing benefit would put us in trouble for a while). I'm preparing for the worst case scenario as the DWP seam to be like the bullying spiteful child who cuts off their nose to spite their face.

    Eventually though, they should change and update the system to reflect the appeal and give you everything you are due in back pay.

    If you are having financial problems because of this, may I suggest you go to the Citizens Advice Bureaux as they have excellant advisors specific to finance who can help you with writing letters for time to pay, compiling an income and expenditure sheet for you based on what you are getting now (as opposed to what you feel you should be getting).
    The CAB can help take the weight off your shoulders (they did for us a while back now) and if you have the backing of the CAB, companies are more likely to allow you time - and their are special schemes availalble for things like water.

    I hope this post helps in some way.
  • mikehughescqmikehughescq Member Posts: 6,002 Disability Gamechanger

    Need to be clear that

    - backdating is what you get if the date of claim is backdated to before the actual date of claim.

    - arrears is what you get if you are paid back to the date of claim. Not the same as backdating at all.

    Also be aware that the tribunal do not have to award from the date of claim at all. They can award from a subsequent date if that's when they believe either that the backwards test was first satisfied, or, from the date a supersession was applied for. It's a blank slate on most aspects under appeal unless argued and agreed otherwise.

  • peasgood3peasgood3 Member Posts: 9 Listener
    Thank's for that mike - I will clarify more in any future posts. It's always good to learn :-)
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