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TOPIC: ESA Appeal Tribunal in 3 weeks - am I prepared?

ESA Appeal Tribunal in 3 weeks - am I prepared? 4 weeks 9 hours ago #201436

I am receiving DLA at lower rate care component. The ESA Rate I receive is £73.10 per week. In the letter I received about my entitlement to the appeal rate this is just living expenses, it doesn't include another amount for sickness. I thought the £73.10 is just the basic ESA appeal rate - doesn't seem that any sickness premium has been paid with this. If I am entitled to any extra for sickness on WRAG ESA will these payments be back dated to when I lodged my appeal?

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ESA Appeal Tribunal in 3 weeks - am I prepared? 3 weeks 6 days ago #201461

Another thing I am worried about now: could my case be identified, by returning officer, as one of those the DWP will take to the Upper Tribunal? I think any more of this stress is going to break me.

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ESA Appeal Tribunal in 3 weeks - am I prepared? 3 weeks 5 days ago #201474

Criztal wrote: I am receiving DLA at lower rate care component. The ESA Rate I receive is £73.10 per week. In the letter I received about my entitlement to the appeal rate this is just living expenses, it doesn't include another amount for sickness. I thought the £73.10 is just the basic ESA appeal rate - doesn't seem that any sickness premium has been paid with this. If I am entitled to any extra for sickness on WRAG ESA will these payments be back dated to when I lodged my appeal?


Based on your post, at the moment the Assessment rate is all you are entitled to, if your appeal is successful then and you are placed in one the ESA groups then you will received back payment of the difference between what you should have been paid and what you have actually received.

Gordon
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ESA Appeal Tribunal in 3 weeks - am I prepared? 3 weeks 5 days ago #201475

Criztal wrote: Another thing I am worried about now: could my case be identified, by returning officer, as one of those the DWP will take to the Upper Tribunal? I think any more of this stress is going to break me.


It's impossible to say but the DWP cannot appeal the Tribunals Decision further just because they don't like the result, only because they believe there has been an Error of Law in the making of the Decision.

Gordon
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ESA Appeal Tribunal in 3 weeks - am I prepared? 3 weeks 4 days ago #201596

Thanks for your reply. I phoned the ESA information line today and they said they had received the Decision Notice on day of my Tribunal. They say it could take 6 to 8 weeks to process because the notices are dealt with as they come in. Was told it was likely the arrears would appear in my bank account before I get a letter confirming entitlement to ESA. If this isn't sorted after 8 weeks, they will chase it up. I don't have to send any more fit notes because I won my appeal. Soon after I finished the call, I had a text message from DWP to say "We have received your enquiry about your ESA. You don't need to call us. Payment will be paid to your account by 29/11/17". Just hope this is a good sign and they are going to pay any arrears I may be entitled to. Am I right or is this just wishful thinking? Many thanks.

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ESA Appeal Tribunal in 3 weeks - am I prepared? 3 weeks 4 days ago #201597

Criztal

There's no reason to believe it isn't correct.

Gordon
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