Tribunal — Scope | Disability forum
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Tribunal

@poppy123456 hi how are you today? It's been a while since I spoke to you poppy, was just wondering if I can get your advice on esa. I had a tribunal hearing this morning. They allowed my appeal on regulation 29 of esa regulations applied 2008. I've been receiving esa appeal rate since I was found fit to work. The lady at the tribunal said I should be owed some back date. I was on wrag at the start of this claim, before being found fit to work and appealing. Should I be owed any back date in your opinion? Thanks @poppy123456. Matt

Comments

  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Of course you will get the arrears paid. 
  • mattjohn_88
    mattjohn_88 Member Posts: 8 Listener
    Thanks for getting back to me Benistmonk. Have you any idea of what the back dates are please. Thanks
  • Chloe_Scope
    Chloe_Scope Scope Posts: 10,545 Disability Gamechanger
    Welcome to the community @mattjohn_88! Hope you are doing well. It will depend on the backlog in your area. 
    Scope

  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    @mattjohn_88 hello, i'm not bad, thank you for asking. Great news on the win. This will mean that you will be placed back into the WRAG. Whether you're owed any money will depend when your ESA claim started. If it was after April 2017 then you won't be owed any money because the rule for those placed into this group were changed from this date.

    If it was before this date then you will be owed £29.05 per week. Hope this helps.
  • mattjohn_88
    mattjohn_88 Member Posts: 8 Listener
    Thanks Chloe. I was just trying to find out what they would owe me. I didnt think they would owe me anyhing aside was getting esa appeal rate. Wrag is the same amount of money as esa appeal rate so I just figured I was owed nothing. But the lady at tribunal said I would be owed a bit of back date. Just not sure what she meant properly. The people was really nice at the tribunal aswell.
  • mattjohn_88
    mattjohn_88 Member Posts: 8 Listener
    That's good @poppy123456 I'm glad to hear it. Yes thank you poppy made me feel a lot better after the hearing and decision. Yes mine was after April 2017. I figured I wasnt owed anything. Was just confused when the lady said I was, she probably got mixed up. Thanks for getting back to me poppy. Hope you have a lovely day ?
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    Are you still in WRAG.
  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    Are you still in WRAG.

    Yes because Reg 29 is WRAG. Reg 35 is Support Group.
  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    edited February 2020
    That's good @poppy123456 I'm glad to hear it. Yes thank you poppy made me feel a lot better after the hearing and decision. Yes mine was after April 2017. I figured I wasnt owed anything. Was just confused when the lady said I was, she probably got mixed up. Thanks for getting back to me poppy. Hope you have a lovely day ?

    You're very welcome :) You were probably told this because the person didn't realise that your claim started after April 2017. Have a great day too.
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    If you see my post on ESA Tribunal, I thought something like this had happened, but it didn't affect me because I was paid ESA at the old rate, ie before April 2017. Then the rules changed and now they only pay ESA WRAG which is about the same rate as JSA used to be, if that makes sense.


  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    If you see my post on ESA Tribunal, I thought something like this had happened, but it didn't affect me because I was paid ESA at the old rate, ie before April 2017. Then the rules changed and now they only pay ESA WRAG which is about the same rate as JSA used to be, if that makes sense.



    Despite looking at all your previous threads i can't see any post from you regarding this.
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    no problem poppy, most people don’t understand what I mean. Going back to mattjohn’s question, he will only be paid arrears if his esa was reduced while in the appeal stage. From the sounds of it, his esa wasn’t reduced, so there won’t be any arrears due. 

    In my appeal, my esa was reduced by a considerable amount, and when I won, the DWP had pay this back to me. 
  • poppy123456
    poppy123456 Member Posts: 31,132 Disability Gamechanger
    no problem poppy, most people don’t understand what I mean. Going back to mattjohn’s question, he will only be paid arrears if his esa was reduced while in the appeal stage. From the sounds of it, his esa wasn’t reduced, so there won’t be any arrears due. 

    In my appeal, my esa was reduced by a considerable amount, and when I won, the DWP had pay this back to me. 

    Yes, i do understand what you mean. As your ESA claim started before April 2017 then you would have been entitled to the old WRAG rate which was £102.15 per week.

    As advised, @mattjohn_88 will be claiming the rate from after April 2017 which is £73.10 per week, the same as assessment rate.
  • Benistmonk
    Benistmonk Member Posts: 343 Pioneering
    They basically got rid of sickness benefit for people in WRAG. On the plus side, we will have the healthiest nation in the world, on paper that is. 

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