Won ESA Appeal...what now?
I won my ESA appeal a couple of weeks ago after initially receiving contributions based ESA , but failed to pass the ESA medical assessment In November despite being severely debilitated due to a chronic health condition caused by covid. I received ESA payments whilst awaiting my appeal.
My contribution based ESA payments were stopped this month , and am now waiting for my ESA payments to restart after I was put in the support group.
I rang the DWP and was told the appeal decision was sent only a couple of days ago to the relevant department (am hoping this will stop the endless calls from the job coach at the job centre, who cannot fathom that I am unfit to work!).
How long does it usually take for the new claim to start?
Does it happen automatically or do I need to do anything else?
And would it be backdated to when I started claiming ESA or the date the I lodged my appeal last November?
Am completely new to the benefit system, so am not sure how it all works.
Comments
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Hi,
It sounds like you've started a New Style ESA claim. This is contributions based, but it's no longer called that since replacing the legacy type.
There is a waiting period of 13 weeks from the start of the claim before the Support Group payment can be added. As it's been more than 13 weeks since you applied, then it should be backdated from the end of that 13 weeks until the date of the appeal decision.
It should all happen automatically without you having to do anything. Backpay isn't a quick process but if you haven't heard anything after about 6-8 weeks then definitely worth chasing it up.
As you mention a Work Coach at the Job Centre, do you also have a Universal Credit claim open? If so, you will now be entitled to the LCWRA Element of UC based on the result of your NS ESA assessment. That may not happen automatically though, and may need to give them a nudge once the ESA side has been sorted out. NS ESA gets deducted in full from UC payments when both are claimed together.
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I was told I would be put in the support group as I am not fit to work, and the judge told me the job centre must leave me alone now (literally) . I have no Universal Credit claim open as I do not qualify for UC
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My gosh! I got a message now saying my back dated payment will be made next week (!)
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What about that for timing @Londoner! 😁
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Hi @Londoner and a warm welcome to the community from me!
I see OverlyAnxious has already answered your question and given some great information and advice so I won't add anything else but it's lovely to have you here and I hope you enjoy your time on the community😊0 -
Blimey, that is very quick!
As you're now in the NS ESA Support Group without any Universal Credit, there shouldn't be anything more that you need to do. You will continue to get payments every 2 weeks at the new rate.
The DWP are likely to do a claim check once a year to make sure you're still entitled to NS ESA. (It's not a full assessment, just a quick check).
You might also consider applying for PIP. PIP isn't means tested, purely based on functional ability and completing certain tasks.
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PIP isn't currently means tested but rumour has it they're on about making it.
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Rumours are exactly just that and unfortunately rumours and speculation continues.
I tend to ignore it until policies are made official.
As @OverlyAnxious has suggested you could look into applying for pip.
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Hi @Londoner Great news. Well done.
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Thank you all for welcoming me and for your replies:). My tribunal letter stated that I am to be treated as having limited capability for work and work related activity, and their recommendation is that I do not get reassessed within 24 months .
But , I do not understand why the job centre keeps asking me to attend work coach appointments despite me being put in the support group? I thought this would not apply as I am not fit for work? I had three missed calls/voicemails from the job coach yesterday , despite being told I would not need to attend any further appointments.
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You need to tell them that you decline their invitation and please do not contact you regarding this matter again as you are not obliged to attend any work focused appointments.
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The DWP do not need to accept any 'recommendation' made by the Tribunal about award length.
However, you are correct that you do not need to attend any more Work Focussed appointments in the Support Group. It is possible that your ESA status just hasn't updated on the Job Centre system yet. If you are able to answer the next call and just tell them that the Tribunal put you in the Support Group then that should put an end to it.
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