Just had my court appeal letter — Scope | Disability forum
If we become concerned about you or anyone else while using one of our services, we will act in line with our safeguarding policy and procedures. This may involve sharing this information with relevant authorities to ensure we comply with our policies and legal obligations.

Find out how to let us know if you're concerned about another member's safety.

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

Comments

  • poppy123456
    poppy123456 Member Posts: 31,239 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.
  • fredjr
    fredjr Member Posts: 20 Listener
    Thank you poppy I will try and get someone to ancer the phone tomorrow
  • Benistmonk
    Benistmonk 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.
  • poppy123456
    poppy123456 Member Posts: 31,239 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.
  • poppy123456
    poppy123456 Member Posts: 31,239 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;


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

Brightness

Complete our feedback form and tell us how we can make the community better.

Do you need advice on your energy costs?


Scope’s Disability Energy Support service is open to any disabled household in England or Wales in which one or more disabled people live. You can get free advice from an expert adviser on managing energy debt, switching tariffs, contacting your supplier and more. Find out more information by visiting our
Disability Energy Support webpage.