Employment and Support Allowance (ESA)
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Claiming ESA while waiting for tribunal

katybay63katybay63 Member Posts: 3 Listener
would really appreciate some advice. Due to health issues i have been on esa wrag since 2014....July 2018 failed work related assessment due to doctors failure to correctly fil in the esa form . Appeal granted and since then have been waiting for tribunal date. Even though i have constantly asked Dwp if there is any news about Tribunal date at NO TIME have I ever been told I could claim basic ESA , only found this out 14th Jan. 2019. 1st Dwp person " oh yes you should have been getting a payment send your details to the correct dept. you may need to start sending in sicknotes " later that day lady from Sheffield ESA telephoned me to say " I am so sorry you have had no money since July I will sort this out and you will get a payment within 5 working days but it will be at the basic rate " on the 4th working day i again did the usual 45 minute wait for DWP to answer the phone and informed No.3 DWP person that I had changed Doctors due to the incomptetenceof my former doctor would this make any difference? "no but you need to send in a sicknote and that will have your new doctors details on ". 23rd Jan 2019 went to new doctors for health issues and got a sicknote which eventually sent via their new link.
Phoned DWP 24th Jan.2019 to ask how much longer it will be as it is now getting pretty desperate only to be told that I would not get any back pay as Ihad not sent any sick notes in for the July 2018 - January 2019 period and that it is not a 5 working day payout more a 12 day so I should not have been told 5 days . Really bad tempered now as the new doctors are saying ( quite rightly ) that they had not seen me in that period so its a bit difficult and old doctor has not contacted yet . Have now got my MP on to this as some one should have been telling me I could claim money and about the sick notes 

Replies

  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    HI,

    It's not a doctors responsibility to fill out the ESA form, sorry but i'm not understanding that part. A Doctor very rarely knows anything about benefits.

    The most important quest here, is were you found fit for work after a face 2 face assessment?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @katybay63, and a warm welcome to the community!

    I'm sorry to hear about your experiences, and it's good to hear you're being proactive about this. We have some brilliant experienced community members, so do feel free to tell us more and we'll do our best to advise.
  • katybay63katybay63 Member Posts: 3 Listener
    i think you will find that doctors are contacted to fill in a ESA 113 form ? asking them to fill in all health issues (which he did not list) he then ticked the no  box which asked if i was able to get in a taxi or use public transport. So due to him answering incorrectly that is why i failed the work assessment as  i told them the truth and lost my ESA he did not lose any thing .  Hope that explains poppy123456
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes, i'm with you now. I thought that was what you meant but i wasn't sure. Not all GPs are sent this form, it's rare if they are contacted for evidence. The only problem here, is that a GP will have no idea how your conditions affect you, they will only know what you tell them and very often that's not a lot because when we see our GPs there's no time to sit there and tell them our life stories.

    To be able to claim assessment rate and be backdated all the money from the time it stopped you will need sick/fit notes from your GP dating back to when your ESA stopped. This rule is for everyone. I'm really not sure what a local MP can do here but there's no harm in trying.

    If that doesn't succeed can you go back to your new GP and explain the situation? They will have your medical records to look back on. Explain to them that you need a backdated fit note to send to DWP to be able to claim back all the money from when your ESA stopped.

    If you want to know how long the backlogs are in your area for the Tribunals then you  need to ring HMCTS (Tribunal) and ask them, not the DWP. You'll need your tribunal reference number when you ring them.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • charlie79charlie79 Member Posts: 198 Pioneering
    Poppy if you ever start work you should work for a charity advising people on these things. You are really clued and your information is always helpful correct and good
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Thanks for the kind words @charlie79
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • katybay63katybay63 Member Posts: 3 Listener
    thank you poppy123456 for your advice. In my post i was asking for advice about getting back dated sick notes because NO ONE at DWP had bothered to inform me at any stage that a) I could claim basic rate esa b) that back dated sick notes were in fact needed. At the age of 61 and having worked and paid my taxes etc during that time to have to go on benefits in 2014 was a bit of a shock , however i have had the sense  to ask about time scales for the tribunal etc to no avail , infact the reply was "you will be informed when we have a suitable date" and my reasoning for speaking to the MP is to inform him of the way DWP do not give the correct information i.e a person can claim basic rate / back dated sick notes providing they have won the right to go to tribunal,  and the fact they are allowed to stop peoples benefits immediately yet fail to answer a telephone or re-instate money at the same speed . Regarding the back dated sicknote  I  got it from my old doctors as they were the ones who I had the consultations with so could legally sign the sick note , the new doctors may have my records but could not , in all fairness state they had seen me .  And regading my comments about my old doctors and the form... looking at the esa form sent to them it quite clearly states the doctor has to fill in any known conditions the patient is being treated for .....nothing to do with how it affects the patients life style etc....he failed to put down these details and as said before (which he admitted to me) ticked the wrong box. Hope that explains things a bit better. 
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