Employment and Support Allowance (ESA)
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Just had my court appeal letter

Bit of advice please I have today my HM courts tribunals letter, now I have a sick fit note from when they stop my ESA support group payments, and I believe the DWP should back date and pay me from the date they stop it, now have I got to inform them or will they contact me as I have had no payment's and I need it. Thanks

Replies

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

    Providing you haven't claimed universal credit then yes you can go back onto assessment rate for ESA. You'll need to contact DWP and give them your reference number for the Tribunal. It could still take a couple of weeks.
    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.
  • fredjrfredjr Member Posts: 20 Listener
    Thank you poppy I will try and get someone to ancer the phone tomorrow
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I thought it depended on what rate you were on before the appeal, you should get the component rate backdated as well.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited February 2019
    I thought it depended on what rate you were on before the appeal, you should get the component rate backdated as well.
    No. When you've been found fit for work and a Tribunal accept your appeal it's assessment rate you're placed onto while waiting. The component rate is only backdated if you're placed into a group by the Tribunal. If you're placed into the WRAG and your claim started after April 2017 then there's no extra money.
    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.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    See link.

    Taken from above link.

    If you are entitled to ESA pending an appeal:

    • you are paid the assessment phase rate of ESA (i.e. without a component); 
    • you do not have to make a new claim for ESA, but you must provide medical certificates (‘fit notes’) from your GP to cover the relevant period;2 
    • you are entitled soon as you have made your appeal, but there are often delays in getting your ESA restored – click here for more details on how your ESA is restored on appeal; 
    • your entitlement is backdated to the date your ESA was refused or stopped i.e. it can retrospectively cover the period while you were pursuing your MR;


    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.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I see, thanks Poppy.
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