Dwp tribunal esa appeal

loubylou64

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. 

CockneyRebel

DWP usually take 5-8 weeks following a tribunal decision

Benistmonk

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.

poppy123456

Benistmonk said:

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.

loubylou64

I've already had backdated LCW from April 18 to January 19 Benistmonk

loubylou64

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

Benistmonk

loubylou64 said:

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. 

poppy123456

Benistmonk said:

loubylou64 said:

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.

http://www.cpag.org.uk/content/esa-uc

loubylou64

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.

poppy123456

loubylou64 said:

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.

loubylou64

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.

Benistmonk

I see, you were transferred. That makes all difference.