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ESA Appeal Won. Back into Support Group. What now?

  • kpshah
  • Topic Author
11 years 7 months ago - 11 years 7 months ago #102295 by kpshah
My ESA was stopped back in early Feb 2012. Currently receiving income related reduced rate ESA. I won the appeal last week and am placed back into support group with recommendation that I should not be reassessed for at least another 24 months.
Does anyone here know what happens now? How long does it take for DWP to release my backdated benefit. Before ESA was stopped, I was in WRAG. So will the backdated payment be based on WRAG or Support Group as I believe the amounts payable are different for the two.
All the guides and information here was very helpful and the nice lady at HAD who represented me alongside my son were also very very helpful and it helped release a great deal of stress I had to go through the period leading to the day of tribunal hearing.
Many thanks to B&W for all the guides and information - it really was useful.
Last edit: 11 years 7 months ago by bro58.

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11 years 7 months ago #102302 by slugsta
Hi,

I see that one of my fellow mods is dealing with your query so I just want to congratulate you on your successful appeal outcome :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: kpshah

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  • Tim
11 years 7 months ago #102305 by Tim
Hi KpShah
My ESA was stopped in March 2012 but like you I won my appeal in Mrach 2013 and placed in SG from WRAG but my arrears have only been paid from 19th Nov 2012 to March 2012 I am still trying to find out what is going on.
Tim

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  • bro58
11 years 7 months ago - 11 years 7 months ago #102306 by bro58

kpshah wrote: My ESA was stopped back in early Feb 2012. Currently receiving income related reduced rate ESA. I won the appeal last week and am placed back into support group with recommendation that I should not be reassessed for at least another 24 months.
Does anyone here know what happens now? How long does it take for DWP to release my backdated benefit. Before ESA was stopped, I was in WRAG. So will the backdated payment be based on WRAG or Support Group as I believe the amounts payable are different for the two.
All the guides and information here was very helpful and the nice lady at HAD who represented me alongside my son were also very very helpful and it helped release a great deal of stress I had to go through the period leading to the day of tribunal hearing.
Many thanks to B&W for all the guides and information - it really was useful.


Hi k,

Congratulations on The SG award, thanks for your comments regarding our site.

It can take around 8 weeks for the DWP to update their systems to reflect the The Tribunal's decision.

You may be able to speed this process up by sending a copy of the Tribunal's Decision Notice to The DWP Benefits Office that has been dealing with your ESA. :

Sending Documents to the DWP or ATOS

As the Tribunal's decision is a remaking of the WRAG award that you have appealed, it will be backdated to the time of the WRAG decision.

Therefore, if this was the first time that you had been in The WRAG, and your CB ESA payments ceased due to you exhausting your 365 days entitlement, it will now be as if you had never been in The WRAG, and your 365 days entitlement will be reset to zero. So you will still have your 365 days entitlement to payment of CB ESA if you are again placed into The WRAG at some future reassessment.

Any difference in payment between what you have been receiving in The WRAG, and what you would have received if you had originally been placed into The SG, will be paid.

The 24 month recommendation made by the Tribunal is only a recommendation, and has no legal standing.

We have heard from members where these recommendations have been ignored by The DWP, and they have been reassessed before the end of the recommended period.

bro58
Last edit: 11 years 7 months ago by bro58.

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