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ESA- Backdated payments.
- Yorkyboy
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8 years 6 months ago #170510 by Yorkyboy
ESA- Backdated payments. was created by Yorkyboy
I have been on Income related ESA since last Sept (2015), I had my f2f in April (2016), on June 1st Dwp wrote to say the decision was to put me in the WRAG, they then backdated my payments to 21st Dec 2015, I put in a Mandatory Response - which was refused, I then put in an Appeal which was allowed on 4/10/16, my questions are:-1)- will they now backdate my ESA from my appeal date to the 21st Dec 2015 - obviously only the difference between the Support Group & the WRAG ? 2)-As I'm in the Support Group Income Related & live on my own I presume I'm eligible for EDP, if that is correct would this also be backdated to the 14th week (21st Dec 2015) ? Also do they add the EDP automatically or do you have to apply ?-many thanks.
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8 years 6 months ago #170526 by Gordon
Congratulations on the Tribunal result.
1. Yes the award will be backdated to when you were put in the WRAG.
2. Yes the EDP would be payable it should be added automatically but check the new entitlement letter to make sure, the EDP is normally referred to as Disability Income Guarantee. It should also be backdated. As an aside EDP only requires you to be in the SG (there are other ways of qualifying).
Do you receive DLA MRC or HRC or PIP Daily Living? If you do and nobody claims CA for you then you may also be entitled to the Severe Disability Premium, ask for an IS10 form to make a claim.
Gordon
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Replied by Gordon on topic ESA- Backdated payments.
jasper wrote: I have been on Income related ESA since last Sept (2015), I had my f2f in April (2016), on June 1st Dwp wrote to say the decision was to put me in the WRAG, they then backdated my payments to 21st Dec 2015, I put in a Mandatory Response - which was refused, I then put in an Appeal which was allowed on 4/10/16, my questions are:-1)- will they now backdate my ESA from my appeal date to the 21st Dec 2015 - obviously only the difference between the Support Group & the WRAG ? 2)-As I'm in the Support Group Income Related & live on my own I presume I'm eligible for EDP, if that is correct would this also be backdated to the 14th week (21st Dec 2015) ? Also do they add the EDP automatically or do you have to apply ?-many thanks.
Congratulations on the Tribunal result.
1. Yes the award will be backdated to when you were put in the WRAG.
2. Yes the EDP would be payable it should be added automatically but check the new entitlement letter to make sure, the EDP is normally referred to as Disability Income Guarantee. It should also be backdated. As an aside EDP only requires you to be in the SG (there are other ways of qualifying).
Do you receive DLA MRC or HRC or PIP Daily Living? If you do and nobody claims CA for you then you may also be entitled to the Severe Disability Premium, ask for an IS10 form to make a claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #170550 by Yorkyboy
Replied by Yorkyboy on topic ESA- Backdated payments.
Thank you for your informative information, but just to clarify when you say to when they put me in the WRAG - do you mean when they backdated it to -ie- the 14th week or when they made there decision the 4th May 2016 & do you also mean the EDP would be backdated to the same day ?
Thank you also for your kind words regarding my appeal, It was totally scary, I represented myself & the setting was very intimidating - it was just the same as a magistrates court - the judge & Doctor were seated behind a bench higher than myself with the coat of arms on it ! But with the help of your wonderful site I managed to raise my points from 9 to 24 !
I am waiting for my brown envelope on the PIP side - I had my F2F 5 weeks ago - I just hope I don't have to go through all the appeal scenario again. Many thanks again.
Thank you also for your kind words regarding my appeal, It was totally scary, I represented myself & the setting was very intimidating - it was just the same as a magistrates court - the judge & Doctor were seated behind a bench higher than myself with the coat of arms on it ! But with the help of your wonderful site I managed to raise my points from 9 to 24 !
I am waiting for my brown envelope on the PIP side - I had my F2F 5 weeks ago - I just hope I don't have to go through all the appeal scenario again. Many thanks again.
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8 years 6 months ago #170568 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA- Backdated payments.
Jasper
If this was a new claim for ESA, then the WRAG Decision should have been backdated to week 14 and as a consequence so will the SG and Premium(s).
If this was a reassessment of an existing claim then the WRAG Decision will apply from the date it was made and this will also be the date that the SG and Premium(s) will be backdated to.
Gordon
If this was a new claim for ESA, then the WRAG Decision should have been backdated to week 14 and as a consequence so will the SG and Premium(s).
If this was a reassessment of an existing claim then the WRAG Decision will apply from the date it was made and this will also be the date that the SG and Premium(s) will be backdated to.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 6 months ago #170894 by Yorkyboy
Replied by Yorkyboy on topic ESA- Backdated payments.
Hi Gordon,
Thank you for your informative answers, yes it was a new claim in Sept 2015, so everything should be backdated to the 14th week.
On the other hand I have just received my answer to my PIP claim & they have given me Std on both components until 2020, my next question is :- considering I have just had my ESA mobility upgraded from 0 points to 15 on appeal & considering that the descriptors are very similar on both benefits - do you think it is worth putting in a mandatory response and quoting the ESA appeal decision ? (by the way they scored me 10 for moving around but 0 for ' plan and follow a route of a journey unaided ' - which I find hard to believe as I have to be accompanied every time I leave home & was accompanied to the PIP F2F, they also scored me 8 for the Daily Living component - unbelievably scoring me 0 for mixing with other people unaided ! - as previously stated I never go anywhere unaccompanied.
My last question is now I have qualified for the Std rate of Daily Living will the EDP automatically change to SDP or do you have to request this - I live on my own, no-one else gets carers allowance - I am on Income related ESA(Support Group). and would pass the equity test.-many thanks-Jasper.
Thank you for your informative answers, yes it was a new claim in Sept 2015, so everything should be backdated to the 14th week.
On the other hand I have just received my answer to my PIP claim & they have given me Std on both components until 2020, my next question is :- considering I have just had my ESA mobility upgraded from 0 points to 15 on appeal & considering that the descriptors are very similar on both benefits - do you think it is worth putting in a mandatory response and quoting the ESA appeal decision ? (by the way they scored me 10 for moving around but 0 for ' plan and follow a route of a journey unaided ' - which I find hard to believe as I have to be accompanied every time I leave home & was accompanied to the PIP F2F, they also scored me 8 for the Daily Living component - unbelievably scoring me 0 for mixing with other people unaided ! - as previously stated I never go anywhere unaccompanied.
My last question is now I have qualified for the Std rate of Daily Living will the EDP automatically change to SDP or do you have to request this - I live on my own, no-one else gets carers allowance - I am on Income related ESA(Support Group). and would pass the equity test.-many thanks-Jasper.
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8 years 6 months ago #170920 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA- Backdated payments.
Jasper
Unless the ESA Decision and/or report gives a shorter distance than 20m then there is no value in you sending it in. The ESA test is 50m and the 10 points for Moving around corresponds to 20-50m.
Based on what you have posted, to score points for Going Out you will need to show "overwhelming psychological distress", it is not enough to say that you need to be accompanied.
The EDP and SDP are separate Premiums paid for different reasons and you can receive both. You need to contact the DWP about the SDP as it is not paid automatically and ask for an IS10 form.
Gordon
Unless the ESA Decision and/or report gives a shorter distance than 20m then there is no value in you sending it in. The ESA test is 50m and the 10 points for Moving around corresponds to 20-50m.
Based on what you have posted, to score points for Going Out you will need to show "overwhelming psychological distress", it is not enough to say that you need to be accompanied.
The EDP and SDP are separate Premiums paid for different reasons and you can receive both. You need to contact the DWP about the SDP as it is not paid automatically and ask for an IS10 form.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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