ESA appeal overturned 3 months ago

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Stoical65iam
Stoical65iam Online Community Member Posts: 23 Connected
in Employment and Support Allowance (ESA)
Is anybody else waiting over 3 months to hear from the DWP regarding  overturned  by tribunal  ESA claims, if so are we not entitled to some back pay as i`m still at this moment on Universal credit where i don't belong. Thankyou, any feedback appreciated.
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  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    If you went on universal credit waiting esa appeal you won’t get esa back I went 3mths now on tribunal it could take mths or longer you get back money when tribunal accept appeal 
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    Hello @Stoical65iam and welcome to the community. :)

    If you're now claiming Universal Credit, you won't be able to switch back to ESA, regardless of the outcome of the tribunal. 
    Based on the outcome of the tribunal, you can ask for its decision to be transitioned so you are placed in the correct group under UC without need for further reassessment. This can get tricky if you're handing in sick notes and have been for a WCA under UC though. 
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Dotty123 said:
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
    Some are waiting as long as 12/months. As you’ve only recently requested yours I’m afraid you’re in for quite a wait. You can ring HMCTS and ask approximately how long the wait is in your area and they’ll tell you.
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Dotty123 said:
    I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 
    If you’re claiming contributions based ESA then its only payable for 365 days unless you’re in the support group. It sounds like this is what you were claiming but if you live alone and you have no other household income you could possibly claim income related. Speak to your local CAB who will advise you further.
  • Chloe_Alumni
    Chloe_Alumni Scope alumni Posts: 10,506 Championing
    Hi @Stoical65iam, welcome to the community! How are you doing today?
  • Adrian_Scope
    Adrian_Scope Posts: 11,754 Online Community Programme Lead
    edited May 2019
    poppy123456 said:
    Dotty123 said:
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
    Some are waiting as long as 12/months. As you’ve only recently requested yours I’m afraid you’re in for quite a wait. You can ring HMCTS and ask approximately how long the wait is in your area and they’ll tell you.
    Thanks for answering @poppy123456, sorry I didn't spot the question sooner!

    @Dotty123, hopefully your tribunal will come round before Feb 2020, but if it doesn't, as Poppy said, you may be eligible for income-related ESA. Your local CAB will be able to advise you and complete a full benefits check up nearer the time if it comes to that. 
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Wow ok thank you 
  • Stoical65iam
    Stoical65iam Online Community Member Posts: 23 Connected
    Thankyou Adrian and Dotty for the feedback. Hello also belatedly to Chloe. Dotty did you mean by accept appeal , allow appeal because my appeal was allowed back in February, in which case i think i'm owed some money. Adrian i've been for a WCA under UC and since been passed not fit for work yet again, so i no longer have to hand in any more sick/fit notes. But why are we treated like criminals only to get at the very least what we deserve.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Stoical65iam said:
    Thankyou Adrian and Dotty for the feedback. Hello also belatedly to Chloe. Dotty did you mean by accept appeal , allow appeal because my appeal was allowed back in February, in which case i think i'm owed some money. Adrian i've been for a WCA under UC and since been passed not fit for work yet again, so i no longer have to hand in any more sick/fit notes. But why are we treated like criminals only to get at the very least what we deserve.
    What was the decision made by the Tribunal and when did you first claim ESA?
  • Stoical65iam
    Stoical65iam Online Community Member Posts: 23 Connected
    The decision was, the appeal is allowed and that i have limited capability for work. The original decision is to be set aside.The matter is now remitted to the Secretary of State to make a final decision upon entitlement of ESA.This i don't understand as i'm hearing here that i can't get my ESA back as i'm currently on UC. I first claimed ESA around 2014.
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Stoical65iam said:
    The decision was, the appeal is allowed and that i have limited capability for work. The original decision is to be set aside.The matter is now remitted to the Secretary of State to make a final decision upon entitlement of ESA.This i don't understand as i'm hearing here that i can't get my ESA back as i'm currently on UC. I first claimed ESA around 2014.
    Limited capability for work (LCW) is WRAG equivalent. You're right because you claimed UC you can't ever go back onto ESA. Have you had a work capability assessment for UC yet?
  • Stoical65iam
    Stoical65iam Online Community Member Posts: 23 Connected
    Yes i have. More above on this. Thankyou.
  • teresa126
    teresa126 Online Community Member Posts: 10 Listener
    I waited 12 months for a tribunal hearing, it was then adjourned as the DWP did not provide me with copies of the paperwork.

  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Poppy/Adrian I got my bundle of letters for tribunal how long for the tribunal will it be before get appt please 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    Tribunal waiting times are huge across most of the country. It's not long that you requested it so i'm afraid you're in for quite a wait. Some people are waiting in excess of 1 year. You should go through that bundle to check everything, or take it with you and get some face to face advice.
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Thats Grt I’m in no hurry ?il take it to cut adv thank you 
  • Dotty123
    Dotty123 Online Community Member Posts: 491 Empowering
    Got txt from dwp bout tribunal it says look thru all pages any not right send to tribunal does this mean my tribunal is soon it does say they don’t no how long 
  • poppy123456
    poppy123456 Online Community Member Posts: 64,463 Championing
    No, it doesn't mean the Tribunal is soon. As advised previously, backlogs are huge and as you only just requested the Tribunal you most likely have a very long wait... a lot of people wait about 1 year.

    You need to check that the bundle is correct and you should take the bundle to an advice centre near you.

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