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ESA appeal won

  • simon
  • Topic Author
13 years 6 months ago #27765 by simon
ESA appeal won was created by simon
After a long wait for my appeal....having had one cancelled on the day.....I have won with 4 times the points I was awarded at my medical back at the end of last year.
Having been turned down for ESA by letter at the beginning of December....I appealed straight away thinking that I am getting the basic rate because I am appealing.....not so.
I was sent a letter last week saying that any money owed to me was only back dated to the middle of Jan. as that was when my 13 week period ran out.
Has anyone been in this situation as to me the DWP made the decision from the beginning of December that I wasnt entitled to any ESA payments.....so to me they have witheld over a months payment from me.
Am I wrong?....Is there anything I should do?

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13 years 6 months ago #27796 by Katykat
Replied by Katykat on topic Re: ESA appeal won
I think everybody gets basic rate for the first 13 weeks dont they? If you pass the medical within that time I assume you only get the enhanced rate after the 13 wee period. I may be wrong. If anyone knows different I'm sure they'll let me know

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13 years 6 months ago #27802 by Derek4
Replied by Derek4 on topic Re:ESA appeal won
Hi Simon

When you win an ESA appeal, you should be paid all the benefit you would have received if you passed your medical, minus any benefit you have received.

Don't forget that, as Katykat said, you get the basic rate for 13 weeks after the date of your ESA claim. If you have been receiving the basic rate without interruption from the date of your claim, then the ESA component part of the payment should be backdated to 13 weeks after your claim.

Derek

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13 years 3 months ago #39600 by birdgirl42
Replied by birdgirl42 on topic Re:ESA appeal won
hi , i am newbie , i am trying to locate the info on what to wear at your ESA appeal etc . anyone point me in right direction , please :unsure:

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  • Survivor
13 years 3 months ago #39605 by Survivor
Replied by Survivor on topic Re:ESA appeal won
There are no rules. It's a sort of court, so it's nice if you can dress smartly, but on the other hand, if you have difficulty dressing or looking after yourself, making an enormous effort for the day may not be particularly helpful to your case.

Mind you, in this weather, arctic trekking gear is probably most appropriate. ;)

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  • simon
  • Topic Author
13 years 3 months ago #40112 by simon
Replied by simon on topic Re:ESA appeal won
Hi Birdgirl.......I went to my appeal dressed very smartly........suit and a shirt......no tie.
Dress as smartly as you can.....I think the tribunal panel are impressed if you look as though you are making an effort.
Good luck!

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