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esa appeal won

  • lee fry
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14 years 3 weeks ago #33358 by lee fry
esa appeal won was created by lee fry
i had my appeal 11 days ago and won it, just spoke to dwp, they say i wont get my 8 months back pay been on low rate of esa 8 months , so they saying im not entitled to enhanced rate is this correct please help me this is neally £1500.00 they owe me with my sums

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14 years 3 weeks ago #33370 by Crazydiamond
Replied by Crazydiamond on topic Re:esa appeal won
You should be entitled to the arrears, which is the difference between the assessment rate, and the rate for the group in which you have been placed, ie the work-related activity or support group, from the 14th week of your ESA claim.

It may take a while to receive these arrears, but what the DWP is telling you is wrong, unless they intend to appeal to the Upper Tribunal on a point of law against the tribunal's decision, in which case you may not get paid the arrears until the appeal is decided?

I think it would be wise to contact the DWP office again that deals with your claim, send a copy of the decision notice in the post, and ask them if they intend to appeal the tribunal's decision? If not, they are legally obliged to issue the arrears to you without delay.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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