ESA appeal overturned 3 months ago

Stoical65iam

Is anybody else waiting over 3 months to hear from the DWP regarding  overturned  by tribunal  ESA claims, if so are we not entitled to some back pay as i`m still at this moment on Universal credit where i don't belong. Thankyou, any feedback appreciated.

Dotty123

If you went on universal credit waiting esa appeal you won’t get esa back I went 3mths now on tribunal it could take mths or longer you get back money when tribunal accept appeal 

Adrian_Scope

Hello @Stoical65iam and welcome to the community.

If you're now claiming Universal Credit, you won't be able to switch back to ESA, regardless of the outcome of the tribunal. 
Based on the outcome of the tribunal, you can ask for its decision to be transitioned so you are placed in the correct group under UC without need for further reassessment. This can get tricky if you're handing in sick notes and have been for a WCA under UC though. 

Dotty123

Hi Adrian can you tell me how long peaple wait for tribunal date thanx

poppy123456

Dotty123 said:

Hi Adrian can you tell me how long peaple wait for tribunal date thanx

Some are waiting as long as 12/months. As you’ve only recently requested yours I’m afraid you’re in for quite a wait. You can ring HMCTS and ask approximately how long the wait is in your area and they’ll tell you.

Dotty123

I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 

poppy123456

Dotty123 said:

I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 

If you’re claiming contributions based ESA then its only payable for 365 days unless you’re in the support group. It sounds like this is what you were claiming but if you live alone and you have no other household income you could possibly claim income related. Speak to your local CAB who will advise you further.

Chloe_Alumni

Hi @Stoical65iam, welcome to the community! How are you doing today?

Adrian_Scope

poppy123456 said:

Dotty123 said:

Hi Adrian can you tell me how long peaple wait for tribunal date thanx

Some are waiting as long as 12/months. As you’ve only recently requested yours I’m afraid you’re in for quite a wait. You can ring HMCTS and ask approximately how long the wait is in your area and they’ll tell you.

Thanks for answering @poppy123456, sorry I didn't spot the question sooner!

@Dotty123, hopefully your tribunal will come round before Feb 2020, but if it doesn't, as Poppy said, you may be eligible for income-related ESA. Your local CAB will be able to advise you and complete a full benefits check up nearer the time if it comes to that. 

Dotty123

Wow ok thank you 

Stoical65iam

Thankyou Adrian and Dotty for the feedback. Hello also belatedly to Chloe. Dotty did you mean by accept appeal , allow appeal because my appeal was allowed back in February, in which case i think i'm owed some money. Adrian i've been for a WCA under UC and since been passed not fit for work yet again, so i no longer have to hand in any more sick/fit notes. But why are we treated like criminals only to get at the very least what we deserve.

poppy123456

Stoical65iam said:

Thankyou Adrian and Dotty for the feedback. Hello also belatedly to Chloe. Dotty did you mean by accept appeal , allow appeal because my appeal was allowed back in February, in which case i think i'm owed some money. Adrian i've been for a WCA under UC and since been passed not fit for work yet again, so i no longer have to hand in any more sick/fit notes. But why are we treated like criminals only to get at the very least what we deserve.

What was the decision made by the Tribunal and when did you first claim ESA?

Stoical65iam

The decision was, the appeal is allowed and that i have limited capability for work. The original decision is to be set aside.The matter is now remitted to the Secretary of State to make a final decision upon entitlement of ESA.This i don't understand as i'm hearing here that i can't get my ESA back as i'm currently on UC. I first claimed ESA around 2014.

poppy123456

Stoical65iam said:

The decision was, the appeal is allowed and that i have limited capability for work. The original decision is to be set aside.The matter is now remitted to the Secretary of State to make a final decision upon entitlement of ESA.This i don't understand as i'm hearing here that i can't get my ESA back as i'm currently on UC. I first claimed ESA around 2014.

Limited capability for work (LCW) is WRAG equivalent. You're right because you claimed UC you can't ever go back onto ESA. Have you had a work capability assessment for UC yet?

Stoical65iam

Yes i have. More above on this. Thankyou.

teresa126

I waited 12 months for a tribunal hearing, it was then adjourned as the DWP did not provide me with copies of the paperwork.

Dotty123

Poppy/Adrian I got my bundle of letters for tribunal how long for the tribunal will it be before get appt please 

poppy123456

Tribunal waiting times are huge across most of the country. It's not long that you requested it so i'm afraid you're in for quite a wait. Some people are waiting in excess of 1 year. You should go through that bundle to check everything, or take it with you and get some face to face advice.

Dotty123

Thats Grt I’m in no hurry ?il take it to cut adv thank you 

Dotty123

Got txt from dwp bout tribunal it says look thru all pages any not right send to tribunal does this mean my tribunal is soon it does say they don’t no how long 

poppy123456

No, it doesn't mean the Tribunal is soon. As advised previously, backlogs are huge and as you only just requested the Tribunal you most likely have a very long wait... a lot of people wait about 1 year.

You need to check that the bundle is correct and you should take the bundle to an advice centre near you.