esa..waited 9 months for an assessment

sharon67 wrote: applied sept2013 for esa...was on reduced rate for 9 months ..had atos assessment june 2014..told i was fit for work payments stopped 2nd july 2014..appealed and won..put into support group and payment backdated to 2nd july..what i wish to know is am i not entitled to be backdated the extra amounts of over £50 per week which i would have received had i had my assessment within the 13 week period...thanks in advance

Congratulations on the Tribunal result.

You are entitled to back payments from the beginning of week 14 of your claim , based on your post this would be sometime in December 2013.

The Tribunal will have referenced 2 July 2014 as this was the date of the Decision, but if you were only receiving the ESA Assessment rate at that time then there should be further backdating as above.

I assume the Tribunal Decision is recent, it will take the DWP 6-8 weeks to process the Decision and you will have to wait for them to do this before you can query any back payments that are due, you may be able to speed the process by faxing the DWP a copy of the Tribunals Decision Notice, you will need to phone them for the number.

Gordon

sharon67 wrote: thanks gordon..i received my letter yesterday..however it does not mention backdating before 2nd july..i called today and they have told me im not entitled to it backdating! she said i could appeal but i then risk the chance of losing my esa as they will then have to look at my full claim! im fuming..i have worked all my life and this is first time ever claiming ..i had to give up my business after finding i had a slipped disc ..i then had spinal surgery in dec and they still found me fit for work knowing i can barely walk and on high dose meds at mo..at least my appeal was successful which i am grateful w&b for advice on here..

The Tribunal letter will not refer to back payments unless the appeal was specifically about your entitlement to payments, yours was about eligibility for ESA so it will only refer to the Decision date.

Don't assume the ESA call centre staff have an detailed understanding of the benefit system, at best it is general and we regularly hear from members where they have quoted the law from one area of benefits in connection with another, where it does not actually apply.

You are entitled to back payments but you will have to wait for the DWP to process the letter, see my comments about speeding this up in my previous post.

Gordon