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ESA appeal overturned 3 months ago

Stoical65iamStoical65iam 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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Replies

  • Dotty123Dotty123 Member Posts: 492 Pioneering
    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 
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,970

    Scope community team
    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. 
    Senior Community Partner
    Scope
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Chloe_ScopeChloe_Scope Scope Posts: 10,653 Disability Gamechanger
    Hi @Stoical65iam, welcome to the community! How are you doing today?
    Scope

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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,970

    Scope community team
    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. 
    Senior Community Partner
    Scope
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Wow ok thank you 
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  • Stoical65iamStoical65iam 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.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Stoical65iamStoical65iam 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.
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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?
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Stoical65iamStoical65iam Member Posts: 23 Connected
    Yes i have. More above on this. Thankyou.
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  • teresa126teresa126 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.

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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Poppy/Adrian I got my bundle of letters for tribunal how long for the tribunal will it be before get appt please 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Thats Grt I’m in no hurry 🥴il take it to cut adv thank you 
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    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 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    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.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • jw0957jw0957 Member Posts: 48 Connected
    Hi all
    l was FFW back sept 2018. Had a break down and didn’t send forms back to appeal until Dec 2018. Been waiting since then for tribunal date, have all paper work and just received UC assessment result as LCW&WRA. I’m still waiting for tribunal date and understand that they are inundated with many cases. A long wait ahead and no chance of back dated money until tribunal. 😖 I’ve reached that light at the end of the dark tunnel l have lived in since Sept 2018 and with that relief, l hope, comes a less stressful and depressing future. I’m concerned about the length of time for tribunals and the still unpaid bills from Sept 2018 but the depression and constant worry, gets easier. 
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  • Dotty123Dotty123 Member Posts: 492 Pioneering
    Thank you poppy been can got appt for tribunal agent thank you 
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  • Adrian_ScopeAdrian_Scope Testing team Posts: 7,970

    Scope community team
    Hello @jw0957, I'm sorry to read you're still waiting for your tribunal for ESA, it's not uncommon to wait up to a year unfortunately. I'm glad you've since been placed in the LCWRA group of UC (the ESA Support Group equivalent) so at least you're being properly awarded now. 
    Hopefully you won't have too long to wait and they'll back pay you any owed monies quickly. 

    Senior Community Partner
    Scope
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  • jw0957jw0957 Member Posts: 48 Connected
    Adrian,
    l hope so 😊 l have found great support in this group and l will continue to log in from time to time. Thank you
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  • jw0957jw0957 Member Posts: 48 Connected
    Update: Back pay to 26th Dec 2018 but my ESA stopped 26th Sept 2018. Unsure if l have to win my tribunal before lm back paid to 26th Sept 2018. Though lm very grateful for the back pay l recieved lm still owed 2 and a half months benefit, thats over a £1000.00 What happens now?? 
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  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited June 2019
    jw0957 said:
    Update: Back pay to 26th Dec 2018 but my ESA stopped 26th Sept 2018. Unsure if l have to win my tribunal before lm back paid to 26th Sept 2018. Though lm very grateful for the back pay l recieved lm still owed 2 and a half months benefit, thats over a £1000.00 What happens now?? 
    You should be receiving assessment rate of ESA while waiting for your Tribunal, which is £73.10 per week. To receive this amount backdated to September 2018 you will need to provide a back dated sick not as well, dated from the date your ESA originally stopped.

    What makes you think you're owed over £1,000?

    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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  • jw0957jw0957 Member Posts: 48 Connected
    I have given sick notes since that date Poppy and as my disability premium stopped then, l calculated how much
     money l lost since being found fit for work. UC backdated to 26the Dec after uc decided to accept accept that l had a Lcw and wra on 9th May. My tribunal will hopefully over turn the decision of ffw.
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