Won ESA appeal but now claiming Universal Credit

ilovetod

I was on esa and failed assessment so appealed and won but in between I had to go on universal credit. And out come was no arrears paid evenue though I phoned esa 2 times and was told cos I'd been on esa since 2015  I had no gaps please help.me as it's doing my head in am I entitled to arrears or not if not.  What was the point of winning my appeal

ilovetod

They say after esa people just get uc and uc money which is a lot less than esa  but the idea of winning an appeal is to benefit surely

Ami2301

Hi @ilovetod and welcome to the community! I will tag @poppy123456 as she will know how best to advise

poppy123456

Thanks @Ami2301 for the tag,

HI and welcome @ilovetod

As you claimed UC then you will receive any money owed from the date your money stopped for ESA up until you claimed UC. You won't be able to go back onto ESA because you claimed UC.

I need to ask some questions before i can help you further. Since you claimed UC have you had a work capability assessment? If so what was the decision of that assessment please?

What group were you placed into for the ESA Tribunal decision?

I'll be able to help you further once you answer those questions.

ilovetod

I was in work related in esa in 2015 and Jan this year I failed assessmento and was told to claim.uc so.I did  then I appealed about esa and just got result October 2019 but was assessed. In uc and put in limited work  capabilities but when I phoned esa the man said I was entitled to arrears from when I came off esa. In jan from this octoBer also there wasn't a gap from 2015  money changed in 2017.but because I was on it before that  I was told off my job Coach today to seek.advice as they think I will win arrears.  Esa said after appeal they agreed with outcome

poppy123456

As you claimed UC then any money owed from ESA will be backdated up until the day you claim UC.

As you're now claiming UC then DWP should honour that decision and place you in LCW group for UC. Because your ESA claim started before April 2017 then you should also receive any backdated money owed since you claimed UC, which is £126 per month.

You didn't answer my question though and this is really important. Did you send in fit notes for UC and have you had a work capability assessment under UC since you started your claim? If you have then what was the decision of that please?

ilovetod

I sent sick notest in till I was assessed.on UC then I was put on LCW  and was told they only needed to phone me instead of seeing me and not send sick notes in anymore

poppy123456

Then you will be owed backdated money of £126 per month since you started your UC claim. This is because the fit for work decision for ESA was incorrect, so there were no gaps in your claim. When you claimed UC you would have already had LCW and your ESA claim started before April 2017.

If the ESA Tribunal decision was recent then it can take 8 weeks to receive any backdated money.

ilovetod

On the 27 the Jan this year I got a phone call saying I failed assessment so on the same dau I applied for UChristmas.  So are you saying I won't get any arrears ???

ilovetod

Uc not Christmas 

ilovetod

What do I need to do now.   Just wait  or shall I see cab  thanks for your advice. Xx

poppy123456

ilovetod said:

On the 27 the Jan this year I got a phone call saying I failed assessment so on the same dau I applied for UChristmas.  So are you saying I won't get any arrears ???

Please have another read of all the advice i've given. I never said you wouldn't get any arrears.

When was the Tribunal decision made?

ilovetod

Also while I had to.be on UC I had to have an advance  for 400 cos of the 5 weeks wait and had to use food banks  luckily I get PIP now low rate but I would have starved if I hadn't got it  also if pension age not gone up I would be retired by now as 64 and wouldn't have had to live through all this ...with dwp and all stress I have had to go through

ilovetod

I don't know why I put about arrears. Sorry  tribunal was 24 the October 2019

poppy123456

It can take 8 weeks to receive backdated money as the decision by the Tribunal was about 6 weeks ago then hopefully it won't be too much longer.

ilovetod

I think.I. put about arrears as I miss read what you put earlier  il.keep my fingers crossed but I don't think I will get any thing.  

poppy123456

No problem. Yes, you'll receive the backdated money because they owe it to you.

Adrian_Scope

Hi @ilovetod and welcome to the community. 
I'm glad Poppy was able to help you with this. I agree, it does sound like you should be entitled to backdated money. You may need to push them on it though. 
With regards to your Universal Credit, have you been handing in fit notes or had a work capability assessment? 

ilovetod

They say I don't need to send fit notes in after my capability assessment

ilovetod

ilovetod

This is proof isn't it