Employment and Support Allowance (ESA)
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Won ESA Appeal - what next?

Hi everyone, hope this is the right place to post this (I'm new)
After a gruelling experience fighting and appealing for ESA after I was refused it back in may last year, I've received a letter from the tribunal telling me my appeal has been allowed. 
I'm wondering if anyone has been through this before and if anyone can advise what I need to do next? I figured I'll have to wait to hear directly from the ESA office but I wondered if they might need some prompting from my end, especially because I know they take such a long time to get in touch. Should I call them up or write to them about it? 
I'm also curious if this means I will get backdated payment from when I claimed? I've been without ESA for a long time and it's really hindered me being able to do...literally anything. I live at home with my parents now and they've had to support me for this entire time, so I'm eager to be recieving payments soon so I can try and rebuild something of my life

Replies

  • CockneyRebelCockneyRebel Community champion Posts: 5,256 Disability Gamechanger
    Hi lili

    First, you should ring the DWP to make sure they have received a copy of the decision
    Did the tribunal allocate a group ?
    Yes you will receive backdated payment
    The DWP usually take 5-8 weeks to put a trbunal award into payment

    The DWP do have 28 days to ask for a statement of reason from the judge. If they can find an error in law then they do have the right of appeal to the UTT. It is rare that they appeal any decision but the possibility is there

    There is little you can do to speed the process

    CR
    Be all you can be, make  every day count. Namaste
  • debkenzodebkenzo Member Posts: 110 Pioneering
    Congratulations on winning your appeal.  Justice at last!!  You will be backdated all that is owing to you from the moment they stopped your ESA benefit.  You can celebrate with your wonderful parents for looking after you.  You can ring the benefits office to find out if the Tribunals have informed them of their decision but this, unfortunately will not make them pay you any quicker but at least peace of mind to know that everything is in motion for you.  :)

  • lililili Member Posts: 4 Listener
    Thanks for the responses! And also no, the tribunal did no allocate me a group, I'm guessing this means it'll be down to DWP?
    I'll give them a call tomorrow to see if they've received the decision on their end, at least then I've done all I can do!  
  • CockneyRebelCockneyRebel Community champion Posts: 5,256 Disability Gamechanger
    Please let us know the final outcome

    CR
    Be all you can be, make  every day count. Namaste
  • lililili Member Posts: 4 Listener
    An update for you, it's been a month and I've heard nothing. So I called up the DWP to be told they haven't received any letter about me winning my appeal, despite the letter I received stating that they would of been sent the same letter on the same day.
    My details have been forwarded to the benefits centre apparently and they're going to call me back within 48 hours, so I'll update again on here with what happens. 
    I'm feeling pretty frustrated by all of it to be honest. The guy on the phone was like 'this never happens'. Well, clearly it does. 
  • lemonbadelemonbade Member Posts: 22 Listener
    Hiya! :) How did this turn out in the end? I’m in a similar situation - won ESA appeal 10 days ago but am not sure whether the DWP will appeal the decision or not. I really need to know as I’ve been without ESA for 8 months and now my permitted work has ceased because of COVID-19.
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    lemonbade said:
    Hiya! :) How did this turn out in the end? I’m in a similar situation - won ESA appeal 10 days ago but am not sure whether the DWP will appeal the decision or not. I really need to know as I’ve been without ESA for 8 months and now my permitted work has ceased because of COVID-19.

    Hi,

    This is an old thread that you've posted your question on, so the other person may not return to answer your question.

    Great news on the Tribunal win. After a win at Tribunal backdated money can take between 2-8 weeks sometimes longer. They sometimes request the statement of reasons but rarely appeal it. If they do request it, it doesn't mean they are appealing the decision because they can't appeal it unless the error in law is found.

    Hopefully, you're not waiting too long.
    Community champion and 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.
  • lemonbadelemonbade Member Posts: 22 Listener
    Thanks. I'm still not convinced that they won't appeal- they have been so horrid since stopping my ESA in August, and I didn't even have any lower level to live on whilst waiting. Its been horrendous and I don't trust them not to keep going until I don't exist anymore. That's honestly how I feel! 
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    I'm sorry you're feeling this way. Just like us DWP can't appeal a Tribunal decision without first requesting the statement of reasons. They do sometimes request it but very rarely go on to appeal it.

    May i ask why you weren't receiving assessment rate while waiting for the Tribunal? Was it because you're claiming either Contributions based ESA or New style ESA and your 365 days came to an end?
    Community champion and 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.
  • lemonbadelemonbade Member Posts: 22 Listener
    No, it was because they decided I had gone over my permitted work limit. This was because they re-jigged my accounts and decided to disallow most of my self-employed expenses, which are always permitted by HMRC. By not allowing me to include many expenses which were clearly bought in order for me to do my job, the total I earned went up to £20 pw over the £131.50 limit. The judge agreed that they had been heavy handed, and went through the whole categories they had disallowed, and he allowed SOME of what I was claiming for. He was pretty tight, which I thought was not accurate- but it came out after his calculations as £7 under the permitted work limit, and so was deemed okay. I searched everywhere for the ESA rules on self employed expenses, and they are NOWHERE to be found. We all (me, the judge, the man from the DWP) had the Decision Makers Guide in front of us, and the room went very quiet when they tried to find proof that I was not allowed to include all these categories (travel/use of home as office/all sundry items/ many other things necessary for me to do my job). I think it was that that made the judge realise I had a case. 
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    Ah yes, i remember you now. I remember trying to help you by finding some information but failed to find anything. I'm glad you won, it's great news.

    Although it can take 8 weeks, longer sometimes for backdated money. People do receive their money as quickly as 2 weeks. Hopefully, you'll be one of those and you'll receive it soon. Along with your award being reinstated.
    Community champion and 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.
  • lemonbadelemonbade Member Posts: 22 Listener
    Thanks, I appreciate your help! Fingers crossed. It's hard to be positive when they have been so dreadful, but I'll let you know what happens :smiley:
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