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Claiming uc but have just won my ESA appeal

missdebs

Hi I failed my ESA assessment Aug 2018 and last week I had my tribunal hearing and was put back in the support group for 2 yrs. In the mean time I claimed uc and also failed my assessment I am also waiting for a tribunal hearing for uc. ESA have back dated me 2 days pay between ESA being stopped and my claim for uc. I still dont know if I will have to go to the uc tribunal or not and what money I will receive or even get backdated. Has anyone ever experienced this pls

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poppy123456

Hi,

No need for a poll here. Yes, you will still need to attend the Tribunal for the UC work capability assessment because the new assessment decision overruled the Tribunal decision for the ESA.

For the ESA decision then providing the gap between your ESA ending and you claiming UC wasn't more than 1 month then you'll receive backdated money up until the date of the new decision for the UC WCA.

missdebs

The judge has put me in the support group for 2 years from now so will I get the element for uc

poppy123456

No, i'm afraid not because you were also found fit for work for the UC assessment and that decision overrules the Tribunal decision for the ESA. You will need to continue with the Tribunal for the UC decision.

poppy123456

I'd advise you to send the recent ESA Tribunal decision to the Tribunal for the UC claim.

missdebs

Ok thankyou for your advice I will send that off do you think it will make a difference for me. Or do you think they would take that into consideration ?

poppy123456

I really can't answer that because i don't know anything about your case or your conditions. It may help, you never know. Good luck.

missdebs

Thankyou