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moved to support group but no backdated pay
- Sickandtired
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9 years 2 weeks ago - 9 years 2 weeks ago #133275 by Sickandtired
moved to support group but no backdated pay was created by Sickandtired
I was awarded ESA WRAG in 2011. In April 2013 was sent new ESA50 for reassessment. In 2013 & 2014 two Atos WCAs were cancelled or curtailed due to faulty recording equipment and staff sickness. In November 2014 I reported a slight improvement after a knee injection & also told them I'd finished treatment at a M.E. clinic. In January 2015 I received a new ESA50 to complete because I had 'reported recent change' In March 2015 I got an appointment for a WCA with Atos but I had to cancel as it was at a time that I'd asked them to avoid in the ESA50. In April I received a letter dated 26th March 2015 saying my money was changing from 26th March as I had been moved to the support group and I would also receive 'disability income guarantee'.
No letter of statement of reasons has been sent and no backdating of the extra components has been made beyond 26th March 2015. My queries are:
If I ask for a statement of reasons will they initiate a mandatory reconsideration?
Should the payment of the extra components be backdated, and if so to which date - Jan 2015, Nov 2015 or April 2013?
Also, would I have to ask them for explanation & backpay within 1 month of their letter (ie: by 26th April 2015).
Thanks, I am most grateful for any help on this.
No letter of statement of reasons has been sent and no backdating of the extra components has been made beyond 26th March 2015. My queries are:
If I ask for a statement of reasons will they initiate a mandatory reconsideration?
Should the payment of the extra components be backdated, and if so to which date - Jan 2015, Nov 2015 or April 2013?
Also, would I have to ask them for explanation & backpay within 1 month of their letter (ie: by 26th April 2015).
Thanks, I am most grateful for any help on this.
Last edit: 9 years 2 weeks ago by . Reason: tick.
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- Gordon
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9 years 2 weeks ago #133285 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic moved to support group but no backdated pay
sickandtired
First of all congratulations on being moved to the Support Group.
ESA Decision letters do not include a Statement of Reasons where an award is made, if you want more details of how the Decision was made then you can request the assessment report, as you appear to have attended a WCA you need to ask for the latest ESA85, you can ask for a SoR but I would be surprised if you actually see one, if you do request one make it clear that it is just for your records and that you are not challenging the Decision in any way.
From your post, the information that appears to have generated the re-assessment was your notifying them of an improvement in your condition, on this basis the Decision would apply from the date that it is recorded as having been made and therefore there would be no back payments, with the possible exception of the first payment following the Decision which might have been slightly more due to payment dates.
Gordon
First of all congratulations on being moved to the Support Group.
ESA Decision letters do not include a Statement of Reasons where an award is made, if you want more details of how the Decision was made then you can request the assessment report, as you appear to have attended a WCA you need to ask for the latest ESA85, you can ask for a SoR but I would be surprised if you actually see one, if you do request one make it clear that it is just for your records and that you are not challenging the Decision in any way.
From your post, the information that appears to have generated the re-assessment was your notifying them of an improvement in your condition, on this basis the Decision would apply from the date that it is recorded as having been made and therefore there would be no back payments, with the possible exception of the first payment following the Decision which might have been slightly more due to payment dates.
Gordon
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- Sickandtired
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9 years 2 weeks ago #133298 by Sickandtired
Replied by Sickandtired on topic moved to support group but no backdated pay
Thanks Gordon for clarifying that for me.
I am just so relieved to have been moved into the support group and I have to say it is all thanks to Benefits and Work, your guides helped me to understand the form and how to explain my difficulties. I am so grateful this organization exists. Thanks!
I am just so relieved to have been moved into the support group and I have to say it is all thanks to Benefits and Work, your guides helped me to understand the form and how to explain my difficulties. I am so grateful this organization exists. Thanks!
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- slugsta
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9 years 2 weeks ago #133331 by slugsta
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Replied by slugsta on topic moved to support group but no backdated pay
Hi sat, thanks for letting us know of your move to the support Group. How ironic that the increase in your award should have been instigated by your reporting an improvement in your condition!
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