ESA Backdated?

bro58 wrote:

Fedup wrote:

Hi Bro, I thought that you were backdated to week 14 of your claim if you won your appeal.

Best wishes,
Rachel

As you say the assessment phase of ESA is supposed to take 13 weeks, after which a decision should be made as to the claimants award of ESA in either the WRAG, or support group, or indeed no award at all, (fit to work).

Therefore as you state the decision should be made in week 14.

The claimant should have been receiving assessment rate ESA right up until the DM gave his decision, and it is this decision that the OP was appealing, hence any back pay would be from the date of that decision.

Are you giving a scenario where a decision was not made until after the 13 weeks assessment period?.

Maybe one of the other Mods could enlighten you further.

cheers

bro58

As an add-on, the OP was asking whether his back pay should have been from the start of his claim.

The answer to that question is obviously, no.

cheers

bro58

Thanks for the answers, hope it helps the OP as well as me!

Hi rachel,

I now see what you were trying to get at .

So in summing up, the back pay will not be payed from the start of the claim.

It will be payed from the date of the decision, unless the decision took place after the 13 weeks, in which case the back pay will be payed from week 14 onwards of the claim.

Got there in the end.

cheers

bro58

Hi Bro, sorry to drive you completely mad but I don't think it would be paid until week 14 even if they squeezed a WCA and a decision in before?

Sorry for being pedantic!

Fedup wrote:

Hi Bro, sorry to drive you completely mad but I don't think it would be paid until week 14 even if they squeezed a WCA and a decision in before?

Sorry for being pedantic!

I agree the main phase of ESA does not start until after the 13 week period.

I feel we are agreeing but at cross purposes.

Therefore the earliest date of back payment, would be from week 14 onwards.

Do you now feel that is correct?.

Of course we are still assuming, quite a lot as the OP is not absolutely clear regarding the detail of the ESA WCA process.

cheers

bro58