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payment on appeal win / Free Representation Unit

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7 years 10 months ago #160057 by mpckelly
Having been ruled fit for work after a WCA for ESA, I requested Mandatory Reconsideration. Predictably, the decision hasn't been changed, so I'm going to appeal.

I just have a query regarding the procedure whereby one can be paid ESA at the assessment phase rate again whilst the appeals process is occurring. I am not sure whether I should request the resumption of payments now, even though I will not be ready to submit my appeal for a couple of weeks, as that is the earliest I am able to get an advice appointment; or can I only request resumption of payments once the appeal is actually lodged?

Or will the payments be backdated to the date upon which my Mandatory Reconsideration notice was issued, whenever I make the request for repayments to occur?

Thanks in advance.

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7 years 10 months ago #160060 by Gordon

hablitza tamnoides wrote: Having been ruled fit for work after a WCA for ESA, I requested Mandatory Reconsideration. Predictably, the decision hasn't been changed, so I'm going to appeal.

I just have a query regarding the procedure whereby one can be paid ESA at the assessment phase rate again whilst the appeals process is occurring. I am not sure whether I should request the resumption of payments now, even though I will not be ready to submit my appeal for a couple of weeks, as that is the earliest I am able to get an advice appointment; or can I only request resumption of payments once the appeal is actually lodged?

Or will the payments be backdated to the date upon which my Mandatory Reconsideration notice was issued, whenever I make the request for repayments to occur?

Thanks in advance.


You can only make the request to paid the Assessment rate once an appeal has been accepted by the Tribunal Service and the DWP have received notice of this. You can receive back payments from the day after you were found Fit for Work minus any other benefits that you have claimed in the interim (e.g. JSA), you will need to provide Fit Notes to cover your from this that date for payment to actually occur.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 10 months ago - 7 years 10 months ago #160085 by James45

Gordon wrote: you will need to provide Fit Notes to cover your from this that date for payment to actually occur.

Gordon

I am in the same situation, awaiting MR, and having no alternative but to appeal if/when decision is not changed. I asked the DM who phoned on 3rd May to tell me I was being turfed off Support Group ESA with no points. They have simply ignored my Medical Evidence, and my own evidence, instead making breathtaking assumptions which they have presented as facts. I asked for MR whenb they phoned me on 3rd May, but when I phoned on 12 May they had no record of my request. So I posted a letter requesting MR First Class post which they say they didn't receive until a week later when my MR was logged fortunately still in time on 19th. I haven't claimed JSA because there is no way I can work with my disabilities, intending to claim ESA assessment rate as soon as I can. I have not asked for a sick note yet, I don't see the Doctor much because I have had all the treatment available - I just get prescriptions by phone appointments or online.
Does this mean the payments only run from the date of the sick note?
Last edit: 7 years 10 months ago by Gordon. Reason: Fixed quote

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7 years 10 months ago #160109 by Gordon
PJ

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Payment of the Assessment rate can only be done if the period is covered by a Fit Note, as you are not claiming JSA then you need notes covering you from the day after you were found Fit for Work onwards,

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: James45

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7 years 10 months ago #161575 by mpckelly
Hi all,

Firstly: does anyone have any experience of using the Free Representation Unit for representation at appeals hearings?

Also: I just need some clarification on a procedural point, as I think I might have been misadvised by an advisor - either that, or I have read something somewhere and misunderstood it.

I've recently been refused ESA following a WCA, after having been in the assessment phase for quite a while. I'm now appealing (I didn't claim JSA during the Mandatory Reconsideration phase).

If I win my appeal, I understand that I should then be paid any additional component that would have been due to me, backdated to the point at which I had been in the assessment phase for 13 weeks (or, to put it another way, 13 weeks after I initially was awarded ESA): am I right?

Thanks in advance.

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7 years 10 months ago - 7 years 10 months ago #161584 by slugsta
Hi, I have merged your question with the previous topic about your ESA claim as it helps us enormously when everything relating to the same claim is kept in once place.

I'm afraid I have never heard of the organisation you mention. Members are welcome to tell you of any experience they might have with them.

As far as backpay for a successful claim is concerned - this will be dated to the first day of the 14th week of your claim (that is, once 13 weeks have passed). DWP are usually pretty good at paying this promptly.

If you have any further questions or comments relating to your ESA claim, please reply to this message and we will do our best to help. You will find it easily in future if you bookmark/favourite it on your web browser now :)

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 10 months ago by slugsta.

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