Employment and Support Allowance (ESA)
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Dwp tribunal esa appeal

Please can someone help me. I was on the phone for over two hours yesterday trying to get a answer from ESA or Universal Credit to no avail. I'm sure the left hand doesn't know what the right hand is doing. I was on kicked off ESA April 26th 2018 because i got 0 points for my mobilty. I asked for a Mandotory Reconsideration which I did and still got 0 points. They told me I had to claim Universal.
Credit of which I did what a palava thar was sighs. Now I was put in LCW and got backdated payment due to there incompetence in January 2019.  On the 5th February I had my tribunal for ESA and won and awarded Limited Capability Work Related Activities will this be awarded to my Universal Credit.
I managed to speak to a very lovely lady yesterday via universal credit who sent me the link to upload my tribunal letter of which I've done. 
It's now been five weeks and two days since my tribunal can they still appeal as I've not heard off ESA no contact what so ever. 
How long do I have to wait for the dwp to make final decision. 

Replies

  • CockneyRebelCockneyRebel Member Posts: 5,257 Disability Gamechanger
    DWP usually take 5-8 weeks following a tribunal decision
    Be all you can be, make  every day count. Namaste
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I don't think they backdate for LCW, all you get is the same rate as unemployment benefit. If you stayed on ESA, then you would get the component rate backdated.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I don't think they backdate for LCW, all you get is the same rate as unemployment benefit. If you stayed on ESA, then you would get the component rate backdated.
    The Tribunal awarded loubylou limited capability for work related activity (LCWRA) which will pay backdated money.
    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.
  • loubylou64loubylou64 Member Posts: 5 Listener
    I've already had backdated LCW from April 18 to January 19 Benistmonk
  • loubylou64loubylou64 Member Posts: 5 Listener
    CockneyRebel Thank you. I claimed WRAG ESA from Sept 16 to April 18. Will they backdate the difference from April 18 to present date. I worked it out as a £202 difference between LCW and LCWRA.  
    Loubylou
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I've already had backdated LCW from April 18 to January 19 Benistmonk

    I thought once you claimed UC, that puts an end to your claim for ESA. At least that has been the experience of one poster on here who claimed UC, they wouldn't let him back on ESA. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited March 2019
    I've already had backdated LCW from April 18 to January 19 Benistmonk

    I thought once you claimed UC, that puts an end to your claim for ESA. At least that has been the experience of one poster on here who claimed UC, they wouldn't let him back on ESA. 
    Loubylou transferred from ESA WRAG to UC and their ESA claim started before April 2017. This means they were entitled to the extra LCW element of UC.

    yes, the ESA claim ends but the award they had when claiming ESA transfers to UC as well. This is because DWP honour that decision.

    See link to confirm this. Scroll to migration and LCW/LCWRA.


    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.
  • loubylou64loubylou64 Member Posts: 5 Listener
    Benistmonk I know I can't reclaim ESA. But I was awarded LCW which is £126 (UC equivelent  to WRAG ESA)monthly.  (UC equivelent to ESA Support Group is LCWRA) is £328 monthly. They should make up the difference if I'm correct.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    CockneyRebel Thank you. I claimed WRAG ESA from Sept 16 to April 18. Will they backdate the difference from April 18 to present date. I worked it out as a £202 difference between LCW and LCWRA.  
    Loubylou
    Yes, it will be backdated to April 2018 but it can take 8 weeks to receive the money owed.
    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.
  • loubylou64loubylou64 Member Posts: 5 Listener
    Poppy123456 I thought that was the case but was unsure. The young man I spoke to from ESA last week was very unhelpful and totally confused me. Thank you for your help.
  • BenistmonkBenistmonk Member Posts: 343 Pioneering
    I see, you were transferred. That makes all difference.  :)
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