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ESA pending appeal and backdatings
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9 years 1 month ago #156330 by Invisible
ESA pending appeal and backdatings was created by Invisible
Hi, my appeal has been approved by the courts. I specified in the appeal that I wanted to be paid ESA pending appeal. I have sent a medical certificate 10 days ago. The medical certificate lasts for 3 months, and it's backdated to 22 February (the date DWP decided the the outcome of the mandatory reconsideration).
The tracking for the sick note doesn't work, which suggests it might have been lost in the post. However, I sent two photocopies in two separate letters to various Jobcenters, for good measure.
My point is, one of them must have received the note. Yet no sign of payments.
As usual, it takes 30 years to get anywhere with this people....it's always the same story: send sick note, hear nothing from them for 4 weeks, start a complaint, etc....
I am not even surprised anymore.
I never talk to them on the phone, because in my experience it's only a waste of time and energy. I prefer keeping things in writing, as it's easy to prove stuff when or if I start a complaint.
I have some questions:
It is my understanding that the court, once they accept my appeal, send a request to the DWP to explain how they came to their decision. The DWP has 28 days to reply. Am I right?
What happens if they don't reply after 28 days and/ or they don't send payments after I sent the medical certificate?
Thanks
The tracking for the sick note doesn't work, which suggests it might have been lost in the post. However, I sent two photocopies in two separate letters to various Jobcenters, for good measure.
My point is, one of them must have received the note. Yet no sign of payments.
As usual, it takes 30 years to get anywhere with this people....it's always the same story: send sick note, hear nothing from them for 4 weeks, start a complaint, etc....
I am not even surprised anymore.

I never talk to them on the phone, because in my experience it's only a waste of time and energy. I prefer keeping things in writing, as it's easy to prove stuff when or if I start a complaint.
I have some questions:
It is my understanding that the court, once they accept my appeal, send a request to the DWP to explain how they came to their decision. The DWP has 28 days to reply. Am I right?
What happens if they don't reply after 28 days and/ or they don't send payments after I sent the medical certificate?
Thanks
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9 years 4 weeks ago #156342 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA pending appeal and backdatings
SCHOPENHAUER
I would chase the DWP about your payments, although you stated on the SSCS1 that you wanted to receive the ESA Assessment rate, your appeal request will not have gone to a department in the DWP that deals with this and they may not have forwarded the information on to one that does.
The DWP will have one month to produce and return their submission for the appeal. If they fail to do this and it's unlikely that they will then then most likely result is that they will be given an extension of either two or four weeks to return the information.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
I would chase the DWP about your payments, although you stated on the SSCS1 that you wanted to receive the ESA Assessment rate, your appeal request will not have gone to a department in the DWP that deals with this and they may not have forwarded the information on to one that does.
The DWP will have one month to produce and return their submission for the appeal. If they fail to do this and it's unlikely that they will then then most likely result is that they will be given an extension of either two or four weeks to return the information.
If you have further questions then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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9 years 4 weeks ago #156359 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
fantastic, thank you for the help, much appreciated.
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9 years 4 weeks ago #156413 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
Unbelievable. I phoned them and guess what they did? They sent payments yesterday to my old bank account, the day my old bank account was closed, even though weeks ago I sent 3 copies to their different addresses (local jobcentre, Wembley DRT, etc) of the same request that send payment to my new bank account.
Of course, they received no letters. I could have sent a dozen copies to 12 of their various addresses, it would have made no difference.
It's almost as if I wrote:
'Please disregard all these letters, including my multiple requests to update my bank account details as my old one has been cancelled. And please, if you send any payments, only send it at the bank account that I am going to cancel, and only the day that it will be cancelled, so that in the end I won't be even able to tell if the bank closed my account with 600 quid in it. Thank you'.
Of course, they received no letters. I could have sent a dozen copies to 12 of their various addresses, it would have made no difference.
It's almost as if I wrote:
'Please disregard all these letters, including my multiple requests to update my bank account details as my old one has been cancelled. And please, if you send any payments, only send it at the bank account that I am going to cancel, and only the day that it will be cancelled, so that in the end I won't be even able to tell if the bank closed my account with 600 quid in it. Thank you'.
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9 years 3 weeks ago #156783 by Invisible
Replied by Invisible on topic ESA pending appeal and backdatings
my ESA was stopped on 8 December 2015; on 23 February 2016, the court accepted my appeal request. My last medical certificate covered the whole period from 8 December 2015 to 23 February 2016, and I am now expecting my first payment of ESA pending appeal; will the DWP backdate the payments from 8 December 2016 until now ? Or will they pay only from 23 February? Thanks
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9 years 3 weeks ago - 9 years 3 weeks ago #156786 by slugsta
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by slugsta on topic ESA pending appeal and backdatings
Hi, I have merged your query with your previous questions relating to your ESA claim. It helps us enormously if everything relating to the same claim is kept in one place.
As long as you have a new fitnote (as the decision to find you 'fit for work' effectively supersedes any previous note) and have not claimed JSA in the interim, your ESa should be backdated to the day after payment stopped.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !
As long as you have a new fitnote (as the decision to find you 'fit for work' effectively supersedes any previous note) and have not claimed JSA in the interim, your ESa should be backdated to the day after payment stopped.
You should Bookmark/Favourite this page in your Internet Browser now.
That way you can return to this topic easily to pose any further queries that you may have by replying to the topic.
See : This Topic also !
Thanks in anticipation of your future co-operation in keeping all your ESA related queries to this topic !

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 3 weeks ago by slugsta.
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