WHAT DO I DO NOW???

AGoode wrote:

I've attended my appeal hearing today and it has been allowed I was originally on CB ESA but it stopped in June 2012 after 365 days payment. Had my WCA in Nov 2011 which ruled me 'fit for work' - have been told today that I am now entitled to ESA with Work Related Activity Component, but know I won't get that through contributions based. Is the judges decision final - do I get any benefit or was it all wasted (stressful)afternoon?

If you were found Fit for Work before your ESA(CB) was time limited then you will receive back payments from the date of that Decision to the date when your ESA(CB) was time limited.

If the Fit for Work decision was after the Decision date, then I am afraid that there will be no back payments.

In either case you will now receive NI Credits towards a full state pension, and by maintaining your claim, if at any time in the future, your condition deteriorates such that you meet the Support Grou criteria, you can ask to be re-assessed, and if successful, payments will be re-instated.

With regard the Tribunal Decision, you can only appeal your claim further if you are able to show that there has been an Error of Law in the proceedings, not unfortunately, because you disagree with the result. See

What is an Error of Law?

Gordon

AG

Based on your post, you should expect back payments from 31/0/12 to the date in June 2012 when your payments ceased, unless this was a new claim for ESA in which case payment should be from the beginning of week 14 of your claim.

As you were being paid ESA(CB) the back payments will also be this. I am assuming that you have checked to see whether you are also eligible for Income Related ESA.

Regulations 29(b) covers the Exceptional Circumstances for Limited Capability for Work, so you have been placed in the WRAG, this being the case, unless you actually are eligible for ESA(IR), then no further payments will be made on your claim, see my original post for more details.

Like most things for ESA, the DWP are taking longer than previously to process Tribunal results. You can speed the process by ensuring that the DWP have a copy of the Tribunal notice, but you are probably looking at 7-8 weeks before payment is made.

Gordon