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ESA appeal overturned 3 months ago

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.

Replies

  • Dotty123Dotty123 Posts: 415Member Chatterbox
    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_ScopeAdrian_Scope Posts: 930Member, Administrator 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 Officer
    Scope
  • Dotty123Dotty123 Posts: 415Member Chatterbox
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
  • poppy123456poppy123456 Posts: 9,205Member, Community champion Brian Blessed
    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.
  • Dotty123Dotty123 Posts: 415Member Chatterbox
    I got my reduced esa back till tribunal letter says I only keep it till Feb 2020 then what do I claim till tribunal 
  • poppy123456poppy123456 Posts: 9,205Member, Community champion Brian Blessed
    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_ScopeChloe_Scope Posts: 1,621Member, Administrator Scope community team
    Hi @Stoical65iam, welcome to the community! How are you doing today?
  • Adrian_ScopeAdrian_Scope Posts: 930Member, Administrator Scope community team
    edited May 15
    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 Officer
    Scope
  • Dotty123Dotty123 Posts: 415Member Chatterbox
    Wow ok thank you 
  • Stoical65iamStoical65iam Posts: 4Member Listener
    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.
  • poppy123456poppy123456 Posts: 9,205Member, Community champion Brian Blessed
    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?
  • Stoical65iamStoical65iam Posts: 4Member Listener
    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.
  • poppy123456poppy123456 Posts: 9,205Member, Community champion Brian Blessed
    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?
  • Stoical65iamStoical65iam Posts: 4Member Listener
    Yes i have. More above on this. Thankyou.
  • teresa126teresa126 Posts: 8Member 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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