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Esa underpayment

mazamaza Posts: 38Member Connected
Hi all. I was taken off esa at end of Nov after an assessment.  I claimed universa credit in Dec  with sick notes handed in. In March i was awarded lcwra. But my question is if i was due any of the back money people are getting on esa would i still be contacted about it even though i am now on universal credit and not esa. Thank you. 

Replies

  • poppy123456poppy123456 Posts: 17,389Community champion Disability Gamechanger
    Hi,

    When you were found fit for work for ESA did you request the MR then Tribunal if that failed? if so then what was the decision for that?

    or did you just claim UC and had a work capability assessment for this?


    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mazamaza Posts: 38Member Connected
    I lost both mr and tribunal. 
  • poppy123456poppy123456 Posts: 17,389Community champion Disability Gamechanger
    edited August 2019
    I'm sorry to hear that. I'm afraid this means that the ESA decision was correct to find you fit for work and because of this reason you won't be entitled to any backdated money for the SDP/UC legislation.

    This is because when you claimed UC you must have been entitled to SDP within 1 month of claiming UC and because the decision to find you fit for work was correct your ESA stopped and you were no longer entitled to SDP. If the decision had been changed at MR or Tribunal stage then you would have been entitled to backdated money.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • mazamaza Posts: 38Member Connected
    Thank you. Just my luck. Thought i would ask because i had read that if someone had died their family would get the payment.  So thought would still maybe get it. Thank you anyway. Mx
  • poppy123456poppy123456 Posts: 17,389Community champion Disability Gamechanger
    I'm sorry to hear that. The same rules apply unfortunately, you must have been entitled to SDP within 1 month of claiming UC.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Chloe_ScopeChloe_Scope Posts: 7,130Administrator Scope community team
    Hi @maza, I'm really sorry to hear this. Is there anything we can support you with?
    Chloe
    Online Community Officer
  • mazamaza Posts: 38Member Connected
    No thanks. You have all always been so helpful here. Thank you 
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