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Won ESA appeal but now claiming Universal Credit

ilovetodilovetod Posts: 27Member Listener
edited December 3 in Universal Credit
I was on esa and failed assessment so appealed and won but in between I had to go on universal credit. And out come was no arrears paid evenue though I phoned esa 2 times and was told cos I'd been on esa since 2015  I had no gaps please help.me as it's doing my head in am I entitled to arrears or not if not.  What was the point of winning my appeal

Replies

  • ilovetodilovetod Posts: 27Member Listener
    They say after esa people just get uc and uc money which is a lot less than esa  but the idea of winning an appeal is to benefit surely
  • Ami2301Ami2301 Posts: 5,808Community champion Disability Gamechanger
    Hi @ilovetod and welcome to the community! I will tag @poppy123456 as she will know how best to advise :)
    You're a fighter. Look at everything you've overcome. Don't give up now!
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    Thanks @Ami2301 for the tag,

    HI and welcome @ilovetod

    As you claimed UC then you will receive any money owed from the date your money stopped for ESA up until you claimed UC. You won't be able to go back onto ESA because you claimed UC.

    I need to ask some questions before i can help you further. Since you claimed UC have you had a work capability assessment? If so what was the decision of that assessment please?

    What group were you placed into for the ESA Tribunal decision?

    I'll be able to help you further once you answer those questions.


  • ilovetodilovetod Posts: 27Member Listener
    I was in work related in esa in 2015 and Jan this year I failed assessmento and was told to claim.uc so.I did  then I appealed about esa and just got result October 2019 but was assessed. In uc and put in limited work  capabilities but when I phoned esa the man said I was entitled to arrears from when I came off esa. In jan from this octoBer also there wasn't a gap from 2015  money changed in 2017.but because I was on it before that  I was told off my job Coach today to seek.advice as they think I will win arrears.  Esa said after appeal they agreed with outcome
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    As you claimed UC then any money owed from ESA will be backdated up until the day you claim UC.

    As you're now claiming UC then DWP should honour that decision and place you in LCW group for UC. Because your ESA claim started before April 2017 then you should also receive any backdated money owed since you claimed UC, which is £126 per month.

    You didn't answer my question though and this is really important. Did you send in fit notes for UC and have you had a work capability assessment under UC since you started your claim? If you have then what was the decision of that please?
  • ilovetodilovetod Posts: 27Member Listener
    I sent sick notest in till I was assessed.on UC then I was put on LCW  and was told they only needed to phone me instead of seeing me and not send sick notes in anymore
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    Then you will be owed backdated money of £126 per month since you started your UC claim. This is because the fit for work decision for ESA was incorrect, so there were no gaps in your claim. When you claimed UC you would have already had LCW and your ESA claim started before April 2017.

    If the ESA Tribunal decision was recent then it can take 8 weeks to receive any backdated money.
  • ilovetodilovetod Posts: 27Member Listener
    On the 27 the Jan this year I got a phone call saying I failed assessment so on the same dau I applied for UChristmas.  So are you saying I won't get any arrears ???
  • ilovetodilovetod Posts: 27Member Listener
    Uc not Christmas 
  • ilovetodilovetod Posts: 27Member Listener
    What do I need to do now.   Just wait  or shall I see cab  thanks for your advice. Xx
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    edited December 2
    ilovetod said:
    On the 27 the Jan this year I got a phone call saying I failed assessment so on the same dau I applied for UChristmas.  So are you saying I won't get any arrears ???
    Please have another read of all the advice i've given. I never said you wouldn't get any arrears.

    When was the Tribunal decision made?
  • ilovetodilovetod Posts: 27Member Listener
    Also while I had to.be on UC I had to have an advance  for 400 cos of the 5 weeks wait and had to use food banks  luckily I get PIP now low rate but I would have starved if I hadn't got it  also if pension age not gone up I would be retired by now as 64 and wouldn't have had to live through all this ...with dwp and all stress I have had to go through
  • ilovetodilovetod Posts: 27Member Listener
    I don't know why I put about arrears. Sorry  tribunal was 24 the October 2019
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    It can take 8 weeks to receive backdated money as the decision by the Tribunal was about 6 weeks ago then hopefully it won't be too much longer.
  • ilovetodilovetod Posts: 27Member Listener
    I think.I. put about arrears as I miss read what you put earlier  il.keep my fingers crossed but I don't think I will get any thing.  
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    No problem. Yes, you'll receive the backdated money because they owe it to you.
  • Adrian_ScopeAdrian_Scope Posts: 4,497Administrator Scope community team
    Hi @ilovetod and welcome to the community. 
    I'm glad Poppy was able to help you with this. I agree, it does sound like you should be entitled to backdated money. You may need to push them on it though. 
    With regards to your Universal Credit, have you been handing in fit notes or had a work capability assessment? 
    Senior Online Community Officer
    Scope
  • ilovetodilovetod Posts: 27Member Listener
    They say I don't need to send fit notes in after my capability assessment
  • ilovetodilovetod Posts: 27Member Listener
    edited December 3
  • ilovetodilovetod Posts: 27Member Listener
    This is proof isn't it
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    @ilovetod i have reported your comment above because it's showing your NI number which isn't allowed on scope forum for safety reasons.
  • ilovetodilovetod Posts: 27Member Listener
  • ilovetodilovetod Posts: 27Member Listener
    Hi again I went to a contact centre today to deal with UC my appeal.as UC still being silly I now have to go into the office next week.to fill a MR form  .they  say they still other got there papers through  why do.i need to go in. Esa told me I shouldn't be running round after them ito should be done throughost them selves 
  • Adrian_ScopeAdrian_Scope Posts: 4,497Administrator Scope community team
    No need to apologise @ilovetod, we say not to share these details to protect your identity. I've covered them for you. 

    When you say your UC appeal, are you appealing your LCW decision, or the fact they're refusing backpayments? 
    Senior Online Community Officer
    Scope
  • ilovetodilovetod Posts: 27Member Listener
    No they are actually accepting. Decision but I can't see why I have to fill a MR form
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    You don't need to fill in the MR form for the Tribunal decision because that's not correct.
  • ilovetodilovetod Posts: 27Member Listener
    Think they just stalling
  • ilovetodilovetod Posts: 27Member Listener
    I think I'm going crazy I spoke to uc today as I needed to know why I needed to fill this form in but they just need evidence as they said they have not recieved any from the appeal and they still saying they won't pay any as it was esa and also they said I won't get any arrears  as they paying what I'm entitled to eventure though I applied in 2015 tI'll they told me to apply for UC as my esa stopped I can't makeep UC see what everyone else sees that there wasn't a gap even though I claimed straight after esa this is making me having anxiety attacks 
  • ilovetodilovetod Posts: 27Member Listener
    When I went to contact centre today she deals with uc and she spoke to uc office and who she was speaking to was saying my money needs altering due to appeal win.. so who is  right. X
  • Chloe_ScopeChloe_Scope Posts: 5,842Administrator Scope community team
    Really sorry to hear this is having such a big impact on your health. Have you been able to share these concerns with anyone?
    Chloe
    Online Community Officer
  • ilovetodilovetod Posts: 27Member Listener
    Only people I've been speaking to is uc and esa  I will seemail my daugh terms at weekend but don't lie to bore her as it's really boring me lol
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    Something doesn't seem right here. The MR is mandatory reconsideration which is definitely not the correct thing to do because you've had you're Tribunal hearing. In an earlier comment you said DWP have accepted the Tribunal decision, is this correct? If it is then i don't understand why you've now been told that they haven't received anything from HMCTS.

    If DWP didn't receive the decision from HMCTS then you'll need to contact them.



  • ilovetodilovetod Posts: 27Member Listener
    My job Coach rang me earlier and said he doesn't know why uc asked me to fill a MR  form in and he's cancelled my appointment and give me one for friday to photocopy all what I've got  uc still saying not recieved anything
  • ilovetodilovetod Posts: 27Member Listener
    Esa have sent me that decision letter whichead I put on earlier 
  • ilovetodilovetod Posts: 27Member Listener
    Uc call centre said today if I recieved decision letter yesterday then whyou old they have got it.  I said it's because esa had the decency to send me it so I could give it to uc
  • ilovetodilovetod Posts: 27Member Listener
    Also.  Last thing.  I said to uc about 2017 ruling he said on phone. Is that a date or a year I said  of course it's a year
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    Ok now i understand. This is because the Tribunal decision was made for your ESA claim, which is why UC haven't received anything. You need to ask your case manager to send the MPG1 form to ESA for your ESA award to be transferred to UC, once this is done you should receive all your backdated money because your ESA claim started before April 2017.
  • ilovetodilovetod Posts: 27Member Listener
    Thank you for your understanding  esa said they senthink all paper work to uc on 31 st october
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    I would still ask for your case manager to send the MPG1 form to ESA because your award for ESA can't be transferred across until that is done.
  • ilovetodilovetod Posts: 27Member Listener
    Il ask.my case manager Friday is that form mpg1 the decis ion letter ?
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    No, it's not the decision letter. It's what's needed to be able to transfer your ESA award across to UC.
  • ilovetodilovetod Posts: 27Member Listener
    Ok thankyou I will ask him to do.it for me.  Thank you again 
  • poppy123456poppy123456 Posts: 15,070Community champion Disability Gamechanger
    You're very welcome. Hopefully once that's done everything will be sorted and you'll receive everything they owe you.
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