ESA Assessment timescale

Sianjenkins

Hi i was on esa contribtion in the support group for many years then 2 years ago after a review got put into the wrg. . I asked for reconsiderTion but they still said wrg applied.. Was going to go to tribunal but was too ill so then was advised to make a new application as i had worsened. Made the new app in feb 18 but didnt get assessed until dec 18 then put back into support group in January 19 11 months after my form was sent in.... Am i entitled to have my esa payment backdated to the date i sent my claim in? 

poppy123456

Hi,

When you made a new claim for a worsening condition were you paid assessment rate of £73.10 per week? Or did your payments continue at WRAG rate, approximately £102 per week?

michfinch

 Brian hello. I’m still on the ESA £73.10 a week despite sending my 28 day Fit Note. I have been to the First Tier Tribunal on 01/02/2019 which was adjourned, however at the Tribunal both the Judge and Dr said they thought PIP was the appropriate benefit and my letter says “The Appellant is requested to provide details of symptoms of Epilepsy from 1 January 2017 and is encouraged to take legal advice regarding her Appeal. Any submission or further evidence on which she intends to rely must be lodged not less than 14 days before the adjourned hearing” 
I’m confused, the Hearing was adjourned so how can I supply evidence retrospectively?
Thank you Michele

Sianjenkins

Well in january when they said i was back in the support group my payments are 73.10 plus 37.67 for being un the support group less my work related pension of 26.60 so i get 84.15...but had nothing for 11 months as i was waiting for my assessment

poppy123456

michfinch said:

 Brian hello. I’m still on the ESA £73.10 a week despite sending my 28 day Fit Note. I have been to the First Tier Tribunal on 01/02/2019 which was adjourned, however at the Tribunal both the Judge and Dr said they thought PIP was the appropriate benefit and my letter says “The Appellant is requested to provide details of symptoms of Epilepsy from 1 January 2017 and is encouraged to take legal advice regarding her Appeal. Any submission or further evidence on which she intends to rely must be lodged not less than 14 days before the adjourned hearing” 
I’m confused, the Hearing was adjourned so how can I supply evidence retrospectively?
Thank you Michele

Hi,

I'm not sure who Brian is but i'll try to help you.

I'm not sure how it's possible to send evidence before an adjourned hearing when you don't know it's going to be adjourned. I think what this meant was that evidence should have been sent not later than 14 days before the hearing, which they usually advise you to do anyway. Did you send evidence to support your claim? A fit note isn't classed as evidence.

I'm assuming that it was adjourned because of lack of evidence am i correct? The evidence they're asking for must be dated from Jan 2017, so any evidence you have from this date they want you to send it to support your claim.

It's very difficult to give advice without knowing your case. As they've advised you also to get some legal advice so you should contact an advice cente near you. This way you can show them all of your paper work and go from there. Welfare rights or a law centre is a good place to start. Good luck.

poppy123456

Sianjenkins said:

Well in january when they said i was back in the support group my payments are 73.10 plus 37.67 for being un the support group less my work related pension of 26.60 so i get 84.15...but had nothing for 11 months as i was waiting for my assessment

I'm assuming your previous claim when you were in the WRAG stopped because you were claiming Contributions based ESA and you're not entitled to any income related? Contributions based is only paid for 365 days unless you're in the Support Group.

I'm a little confused why you started a new claim if you were already claiming ESA to start with. A change of circumstances for a worsening condition would have been a better option at the time.

Anyway, regardless of that, yes you should receive all the money owed to you from when you started your new claim. However, for the first 13 weeks, it would have been assessment rate  of £73.10 per week and the Support Group component is paid from the 14th week of your claim.

So it's £73.10 per week for 13 weeks from when you started your new claim.

From the 14th week it's £110.75 per week. minus the pension deductions of course.

Sianjenkins

Yes it was to tell them that my condition was worsening and they sent me a new form to fill in which i sent them back in February 2018..i was on contribution based esa support group then got put into the work group then my payments got reduced and eventually ended... If as you say i was entitled to payments from when I told them I was worse how do I go about that as they had sent me a letter to say i would receive my benefit from 17 January 2019 when the decision was made?
Ps thanks for your help

poppy123456

I see, so it wasn't a new claim it was based on worsening condition and the form you received was the work capability assessment form (ESA50)

As it wasn't a new claim then the 13 week assessment period doesn't apply. In my opinion they owe you from the time you reported the worsening condition because it's not your fault you had to wait so long for the assessment and then the decision to be made.

You need to ring ESA and ask for a call back from a case manager/decision maker. You'll receive a call back within 48 hours. When they ring you, you need to ask why you're only being paid from when the decision was made and that you had to wait all that time for the assessment and you think the decision to award you from January 2019 is wrong. It should be backdated.

debsidoo

Hi @poppy123456
i think the poster is of the opinion you are Brian as your posts now refer to you as “Brian Blessed”?
     Debsidoo.xx

poppy123456

debsidoo said:

Hi @poppy123456
i think the poster is of the opinion you are Brian as your posts now refer to you as “Brian Blessed”?
     Debsidoo.xx

Haha thanks for that, that's so funny. I think being classed as "Brian blessed" is a very funny typo by scope. Shouldn't it be more like "brain blessed"?

Sianjenkins

Yes it was esa50 many thanks i will ring them this pm thank you so much 

poppy123456

You're welcome.

debsidoo

Hi @poppy123456
I think the Brian Blessed reference is a tongue in cheek reference to the rather loud spoken Welsh Actor.
   ??? Debsidoo.x

Benistmonk

Sianjenkins said:

. Am i entitled to have my esa payment backdated to the date i sent my claim in? 

Yes, they should do that for you without asking but I find it can take a few phone calls to get things moving.