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TOPIC: Backdated esa from contributions to income

Backdated esa from contributions to income 1 month 4 weeks ago #237361

Sidhu - all of us are ill, that is why we are on ESA
and yes, it makes everything harder to deal with

Once dwp receive your MR, and reply to it, that will give you the option of appeal (if necessary)

but now I think you are dealing with 2 decisions
1st - the review team decision for the date of your migration (which you have already MR'd)
2nd - the decision to pay you IR from may 2019
it is up to you what you do
Gordon says people have successfully appealed the review team decisions (AFTER MR) and won
however for me that was not the case
so I had to MR then appeal the 2nd decision - the one for the date from when they pay IR
and that was made by my area department
if you look on the top of your normal ESA letters (and probably the one that tells you about IR from MAY) - the address will be a particular area, eg Bradford/Worthing/Merthyr - which will be the department that normally deals with your claim
the addresses all end with Wolverhampton - since that is where ALL dwp mail is sorted

sorry if this makes everything more confusing - but I am afraid it is - or was for me
and I only got through it with a LOT of support from someone
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Backdated esa from contributions to income 1 month 4 weeks ago #237366

Hi Sidhu

If you are unhappy with any decision you can always seek help from your MP

Gary
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Backdated esa from contributions to income 1 month 3 weeks ago #237392

I rung the dwp as I needed clarity of when my benefit changed over from incapacity to esa. The date was 20/08/2011. It changed to CB ESA. So all these years it was the same only now in May 2019 they have changed to IR ESA when you are on fb esa Income should not matter as if at that time my husband was claiming jsa (ib) ? I’m confused as all these years it’s been cb esa and now they have changed it over so by me having a reconsideration what chances would I have in getting a backdated payment?

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Backdated esa from contributions to income 1 month 3 weeks ago #237404

Sidhu

Your husband receiving JSA(IB) would have prevented you from receiving ESA(IB) as only one person in a couple can receive an Income Based benefit, however, once you separated then you would have become eligible in your own right, subject to your circumstances.

Gordon

Gordon

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Backdated esa from contributions to income 1 month 3 weeks ago #237411

Thank you Gordon,
We were in Aug 2011 living in the same house but not as a couple we had a broken relationship by then and when he moved out I let them know in Nov 2011. But as I was getting esa cb and informed them they should of from that point switched me over so I’m going to send of the letter for reconsideration although I did it over the phone I have no proof and a lady phoned back saying it’s refused. I’d rather send it by post so I have evidence. Thank you for your help, it’s just yes on the date in question he was at home but leading seperate lives until couple months later.

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Backdated esa from contributions to income 1 month 3 weeks ago #237414

Sidhu

It is possible for man and wife not to be considered as a couple even if they are still living together but it may now be too late to prove this and you may need to rely on when you physically separated.

Gordon

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