Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: ESA Backdated?

ESA Backdated? 6 years 1 month ago #67478

Hi

I recently won my ESA Appeal and have got backdated payment to when I had the decision for my medical. Is this right? Or am I supposed to get backdated to when I first claimed?

Please Log in or Create an account to join the conversation.

Re:ESA Backdated? 6 years 1 month ago #67482

jason wrote:

Hi

I recently won my ESA Appeal and have got backdated payment to when I had the decision for my medical. Is this right? Or am I supposed to get backdated to when I first claimed?


As an award of ESA is not made until the decision of the DWP DM, any back pay would only be payed from the date of that decision.

When a claim is initiated, the claimant only receives assessment rate ESA until the outcome of the WCA process is decided, re : an award of ESA.

bro58

Please Log in or Create an account to join the conversation.

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

Re:ESA Backdated? 6 years 1 month ago #67485

I thought the assessment phase was 13 weeks, regardless?

Please Log in or Create an account to join the conversation.

Re:ESA Backdated? 6 years 1 month ago #67487

Fedup wrote:

I thought the assessment phase was 13 weeks, regardless?


Hi rachel,

I don't understand the context of your statement with regards to backdated payments after winning an appeal.

Can you clarify?.

cheers

bro58

Please Log in or Create an account to join the conversation.

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

Re:ESA Backdated? 6 years 1 month ago #67491

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

Best wishes,
Rachel

Please Log in or Create an account to join the conversation.

Re:ESA Backdated? 6 years 1 month ago #67495

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

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Moderators: bro58GordonMrs Hurtyback