ESA appeal allowed!

Dulsongreen

Hi i wonder if you can help me, I put in an appeal in April 2018 for ESA but because of being without any money I had to go on UC. I again gave in sick notes and four months ago had another wca which again I  was found fit to work. This time I didn't appeal I just didn't have the strength to do it again. Anyway last week I had my ESA appeal heard, and was found to have limited capacity for work related activity and that I am entitled to ESA. I now have been told I can't go back on ESA or on UC's ESA as I've since failed another wca. Is this right!! Also shouldn't I be entitled to some backdated benefit as well. I'm feeling so upset , even when you win you lose!

poppy123456

Hi,

You won't be able to go back onto ESA because you claimed UC, unfortunately.

The decision on your work capability assessment for UC will overrule the Tribunal decision made by the Tribunal but you will be owed some backdated money from the time you were originally found fit for work for ESA up until the date of the decision for UC.

You can still request the mandatory reconsideration for the UC decision because with good reason you do have 13 months. You should get face to face advice regarding this.

Backdated money can take 8 weeks.

Adrian_Scope

Hi @Dulsongreen, I remember your original post from when you were waiting for the ESA tribunal and were unsure whether there was a point in attending. I’m really glad that you did and that you won.

While the decision can’t be transferred over to UC, you will get any backdated money owed. 

If you decide to appeal UC’s decision, it would be worth you sending the ESA appeal outcome along as it may help. 

Best of luck.

Dulsongreen

Thanks for the advice, I shall look into the mandatory reconsideration.