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TOPIC: ESA appeal won-benefits not restored to prev rates

ESA appeal won-benefits not restored to prev rates 4 weeks 1 day ago #236019

Despite having a broken neck, COPD and recurring clots in my legs I was awarded ZERO points last August (2018). I had been in the support group of ESA including severe disability premium for over 3yrs when I received the letter advising I no longer had Limited Capability to Work. I was told that I could only get any money during the appeal process by claiming Jobseekers UC.
Due to my illnesses/ ailments etc I only went to the job centre 3 times in a year. My ESA was stopped on August 18th 2018 and the appeal heard on Jul 30th 2019. Strangely I was asked to provide Fit Notes for the whole period.
All I want help with is what possible reason could there be for my rate of benefits not being returned to their former level of August 17th 2018. The appeal overturned the dwp’s decision in 30secs. Surely there can’t be any legal reason why being failed at a medical is something that I can be financially penalised for?? I’m effectively getting £200/mth less than I should be based on last years figures. This also means my backpay is £2500 less than it ought be.
Any advice please or questions.....

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ESA appeal won-benefits not restored to prev rates 4 weeks 1 day ago #236021

Hi TeddlyMunder

I am afraid this is something that I cannot answer. You will need to raise it with the DWP. It might just be an error - or there may be a reason for it - but only they can say.

BIS

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

ESA appeal won-benefits not restored to prev rates 4 weeks 1 day ago #236034

Advice Please!!

What are the possible reasons for not having my benefits restored to their original rate after winning my appeal for ESA?
I was in support group for over 5yrs including SDP. I’ve previously won 2 appeals and not had this problem.

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ESA appeal won-benefits not restored to prev rates 4 weeks 1 day ago #236040

Advice Please!!
Can anyone tell me what the possible reasons could be for my benefits not being fully reinstated after winning my ESA appeal.
I’ve been in receipt of ESA with SDP for over 4yrs so I don’t understand how I can be penalised financially for failing a medical assessment - something that was overturned at appeal in 30secs.

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ESA appeal won-benefits not restored to prev rates 4 weeks 1 day ago #236096

Hi Teddy

My understanding from your post is that you applied for UC, unfortunately once you are in receipt of UC you cannot go back to ESA when you win your appeal.

Unfortunately UC does not at this moment in time have a SDP, you may want to ask for a MR on your journal but at this moment in time nothing will happen apart from putting down a marker for the future.

Gary

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

ESA appeal won-benefits not restored to prev rates 4 weeks 8 hours ago #236140

Thx for that Gary.
What makes this whole process a nightmare is that I was told unequivocally that in order to get any money during the appeal process (full calendar year) I needed to sign up for jobseekers under UC.
I’ve since found out that because of the period I’d already been on ESA plus SDP (5yrs) - this assertion that UC was the only option is untrue. I could have remained on ESA at the assessment rate until the tribunal. It all seems very premeditated. I won my tribunal in 30secs.
The whole thing has been a disgrace.
Despite being on JS I was asked to provide Fit Notes for the duration. During this year I attended the local job centre on 3 occasions only. The UC coach and office manager asked the ESA specialist onsite whom clarified without question that once my appeal was won ( broken neck, COPD etc) that my benefits would return to their original rates.
How can I get 30pts at previous appeal, get zero pts awarded for the medical assessment in
2018 suffering from degenerate diseases and be financially penalised when their disgraceful decision was overturned.
CAB and my MP have both said I should be back on my pre-assessment rate.

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Moderators: GordonGaryBIS