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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: 472Member Pioneering
    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: 4,038Administrator 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 Online Community Officer
    Scope
  • Dotty123Dotty123 Posts: 472Member Pioneering
    Hi Adrian can you tell me how long peaple wait for tribunal date thanx
  • poppy123456poppy123456 Posts: 14,418Community champion Disability Gamechanger
    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: 472Member Pioneering
    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: 14,418Community champion Disability Gamechanger
    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: 5,444Administrator Scope community team
    Hi @Stoical65iam, welcome to the community! How are you doing today?
    Chloe
    Online Community Officer
  • Adrian_ScopeAdrian_Scope Posts: 4,038Administrator 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 Online Community Officer
    Scope
  • Dotty123Dotty123 Posts: 472Member Pioneering
    Wow ok thank you 
  • Stoical65iamStoical65iam Posts: 21Member 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: 14,418Community champion Disability Gamechanger
    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: 21Member 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: 14,418Community champion Disability Gamechanger
    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: 21Member Listener
    Yes i have. More above on this. Thankyou.
  • teresa126teresa126 Posts: 10Member 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.

  • Dotty123Dotty123 Posts: 472Member Pioneering
    Poppy/Adrian I got my bundle of letters for tribunal how long for the tribunal will it be before get appt please 
  • poppy123456poppy123456 Posts: 14,418Community champion Disability Gamechanger
    Tribunal waiting times are huge across most of the country. It's not long that you requested it so i'm afraid you're in for quite a wait. Some people are waiting in excess of 1 year. You should go through that bundle to check everything, or take it with you and get some face to face advice.
  • Dotty123Dotty123 Posts: 472Member Pioneering
    Thats Grt I’m in no hurry 🥴il take it to cut adv thank you 
  • Dotty123Dotty123 Posts: 472Member Pioneering
    Got txt from dwp bout tribunal it says look thru all pages any not right send to tribunal does this mean my tribunal is soon it does say they don’t no how long 
  • poppy123456poppy123456 Posts: 14,418Community champion Disability Gamechanger
    No, it doesn't mean the Tribunal is soon. As advised previously, backlogs are huge and as you only just requested the Tribunal you most likely have a very long wait... a lot of people wait about 1 year.

    You need to check that the bundle is correct and you should take the bundle to an advice centre near you.
  • jw0957jw0957 Posts: 48Member Connected
    Hi all
    l was FFW back sept 2018. Had a break down and didn’t send forms back to appeal until Dec 2018. Been waiting since then for tribunal date, have all paper work and just received UC assessment result as LCW&WRA. I’m still waiting for tribunal date and understand that they are inundated with many cases. A long wait ahead and no chance of back dated money until tribunal. 😖 I’ve reached that light at the end of the dark tunnel l have lived in since Sept 2018 and with that relief, l hope, comes a less stressful and depressing future. I’m concerned about the length of time for tribunals and the still unpaid bills from Sept 2018 but the depression and constant worry, gets easier. 
  • Dotty123Dotty123 Posts: 472Member Pioneering
    Thank you poppy been can got appt for tribunal agent thank you 
  • Adrian_ScopeAdrian_Scope Posts: 4,038Administrator Scope community team
    Hello @jw0957, I'm sorry to read you're still waiting for your tribunal for ESA, it's not uncommon to wait up to a year unfortunately. I'm glad you've since been placed in the LCWRA group of UC (the ESA Support Group equivalent) so at least you're being properly awarded now. 
    Hopefully you won't have too long to wait and they'll back pay you any owed monies quickly. 

    Senior Online Community Officer
    Scope
  • jw0957jw0957 Posts: 48Member Connected
    Adrian,
    l hope so 😊 l have found great support in this group and l will continue to log in from time to time. Thank you
  • jw0957jw0957 Posts: 48Member Connected
    Update: Back pay to 26th Dec 2018 but my ESA stopped 26th Sept 2018. Unsure if l have to win my tribunal before lm back paid to 26th Sept 2018. Though lm very grateful for the back pay l recieved lm still owed 2 and a half months benefit, thats over a £1000.00 What happens now?? 
  • poppy123456poppy123456 Posts: 14,418Community champion Disability Gamechanger
    edited June 6
    jw0957 said:
    Update: Back pay to 26th Dec 2018 but my ESA stopped 26th Sept 2018. Unsure if l have to win my tribunal before lm back paid to 26th Sept 2018. Though lm very grateful for the back pay l recieved lm still owed 2 and a half months benefit, thats over a £1000.00 What happens now?? 
    You should be receiving assessment rate of ESA while waiting for your Tribunal, which is £73.10 per week. To receive this amount backdated to September 2018 you will need to provide a back dated sick not as well, dated from the date your ESA originally stopped.

    What makes you think you're owed over £1,000?

  • jw0957jw0957 Posts: 48Member Connected
    I have given sick notes since that date Poppy and as my disability premium stopped then, l calculated how much
     money l lost since being found fit for work. UC backdated to 26the Dec after uc decided to accept accept that l had a Lcw and wra on 9th May. My tribunal will hopefully over turn the decision of ffw.
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