ESA Tribunal WIN! What next? — Scope | Disability forum
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ESA Tribunal WIN! What next?

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rosseyboi
rosseyboi Community member Posts: 1 Listener
in Employment and Support Allowance (ESA)
Hi Everyone. I recently on Wednesday 18th April won my tribunal appeal. I have been claiming ESA since October 2017, I had my work capability assessment in December. Of course scored zero points. I then asked for a mandatory reconsideration where I sent in further evidence to confirm my disability. They denied me and said they never received said evidence. I claimed for a tribunal and was receiving the appeal rate for myself which was £57.90 per week. As I won my tribunal I was wondering what happens next. What will my rate be and am I entitled to back pay? As of February I am now a tenant and struggling with bills. Any help would be greatly appreciated. 

Thanks 
Ross.
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  • poppy123456
    poppy123456 Community member Posts: 54,056 Disability Gamechanger
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    Hi,

    Great news on winning the Tribunal. You don't say which group you were put into, Support Group or WRAG? If it's Support Group then this amount is £110.75 + the disability premium of £16.40 IF it's Income Related that you claim. The different between those 2 added and what you get now will be backdated to you from week 14 of your claim.

    If you were placed in WRAG then this amount is £73.10 per week. As you started your claim after April 2017 then the new rules apply to you and there's no extra money for those in this group. The money you're receiving now is because you're under 25. The little extra money will be back dated from week 14 of your claim.

    It can take approx 6 weeks for them to pay you any money that's owed. This is because they have the same chance we do to appeal the decision. To appeal it they have 1 month to ask the Tribunal for the Statement of Reasons. Once they have this they must then find an error in law in making the decision. It's rare that this happens but sometimes they have been known to ask for the SOR and make the claimant wait longer for and money owed. Hopefully for you this won't happen and any money owed will be paid in a few weeks.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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