- Posts: 5
× Members
5 month benefit backdate appeal
- rhubarbleaf
- Topic Author
- Offline
Less More
6 years 4 months ago #202768 by rhubarbleaf
5 month benefit backdate appeal was created by rhubarbleaf
I need advice. I’m currently on JSA (but now signed off by doctor for an initial 8 weeks, till early January) after having an awful ESA medical which went badly for me, then failing both appeal and tribunal, which took 5 months. I’ve tried to get back dated benefit for the 5 months but have been declined by the decision maker....’ not meeting any of the criteria for backdated JSA under regulations 1987, 19(4), (5), (6), and (7).
I’m finding it difficult to write this as I’m struggling to concentrate now as im so stressed and confused.
I didn’t claim JSA before the tribunal as I was not advised to or told I was allowed to. I thought that would be fraudulent while still trying to win ESA claim.
My DLA was also ending and was told I have to reapply for PIP. I felt so pressured and even persecuted that I convinced myself I could go back to work as I couldn’t face yet another medical. I only managed to sign on twice before having a melt down and being signed off by m doctor) I’m under the care of the mental health team (none of them have benefits knowledge but are trying to support me)
I was visited by an dw officer regarding pip (as I didn’t ask for the forms) and he got the ball rolling for me. I have a few weeks to fill it in and have printed off the relevant guides.
I live alone and don’t have any savings so not having ESA for 5 months has put a huge strain on me.
I seems to be a catch 22 situation. I don’t know how to tackle this.
I only have a week to respond to the back date letter.
Can anyone help/advise please?
I’m finding it difficult to write this as I’m struggling to concentrate now as im so stressed and confused.
I didn’t claim JSA before the tribunal as I was not advised to or told I was allowed to. I thought that would be fraudulent while still trying to win ESA claim.
My DLA was also ending and was told I have to reapply for PIP. I felt so pressured and even persecuted that I convinced myself I could go back to work as I couldn’t face yet another medical. I only managed to sign on twice before having a melt down and being signed off by m doctor) I’m under the care of the mental health team (none of them have benefits knowledge but are trying to support me)
I was visited by an dw officer regarding pip (as I didn’t ask for the forms) and he got the ball rolling for me. I have a few weeks to fill it in and have printed off the relevant guides.
I live alone and don’t have any savings so not having ESA for 5 months has put a huge strain on me.
I seems to be a catch 22 situation. I don’t know how to tackle this.
I only have a week to respond to the back date letter.
Can anyone help/advise please?
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51070
6 years 4 months ago #202769 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 5 month benefit backdate appeal
rhubarbleaf
We don't advise on JSA so I am limited in the advise I can give but as general rule if you don't claim a benefit you cannot expect it to be backdated, this is particularly the case for JSA where it is unusual for a claim to be backed even by days let alone months, so whilst I can't state this with absolute certainty, I think you are wasting your time to try get it backdated.
You might have more success by trying to get the ESA Assessment rate paid from when you appeal was accepted by the Tribunal Service, you were entitled to receive this while you waited for your appeal to be heard.
Contact the DWP office that dealt with your ESA claim.
Gordon
We don't advise on JSA so I am limited in the advise I can give but as general rule if you don't claim a benefit you cannot expect it to be backdated, this is particularly the case for JSA where it is unusual for a claim to be backed even by days let alone months, so whilst I can't state this with absolute certainty, I think you are wasting your time to try get it backdated.
You might have more success by trying to get the ESA Assessment rate paid from when you appeal was accepted by the Tribunal Service, you were entitled to receive this while you waited for your appeal to be heard.
Contact the DWP office that dealt with your ESA claim.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: rhubarbleaf
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris