NEED ADVICE

sophoo

I've been on esa for the past 5 years and on 73.10 a week. Didn't have a work assessment until February this year they told me I was fit for work. So I done the mandatory appeal or whatever it's called waiting to hear back from them... Someone mentioned to me that I could possibly get backdated as I wasn't put in a group and should be getting more money that what I was on? Not sure about any of this can anyone advise me 

Dotty123

If your mr comes back failed apply tribunal then you get esa backdated make sure you have sick notes 

poppy123456

Hi,

If either the MR or Tribunal change the decision and you're placed into one of the groups, then yes you'll be backdated the money you're owed. It's backdated to the 14th week of your claim. At the moment because you were found fit for work then they don't owe you any backdated money.

Most MR decisions remain the same and you'll most likely have to take it to Tribunal though, i'm afraid.

If you haven't claimed Universal credit since you were found fit for work, if the MR decision remains the same once the Tribunal accept your appeal you'll be able to go back onto assessment rate for ESA. If you've claimed UC then you won't ever be able to go back onto ESA.

Maxinus

Not sure if I am misunderstanding the question, but when your appeal is lodged, if you have continuous sick notes from the time your esa stopped, they should pay you esa benefit again from the time they told you that you were fit for work, I.e from Feb.

poppy123456

Maxinus said:

Not sure if I am misunderstanding the question, but when your appeal is lodged, if you have continuous sick notes from the time your esa stopped, they should pay you esa benefit again from the time they told you that you were fit for work, I.e from Feb.

This is correct providing a claim for universal credit hasn't been made. If it has then saphoo won't be able to go back onto ESA while waiting for the Tribunal.