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Back dated ES payments
- Toogy123
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10 years 5 months ago #127203 by Toogy123
Back dated ES payments was created by Toogy123
Good evening
I had a surprise brown envelope in August, inside was a letter stating that my case had been reviewed and I had been moved from WRAG to Support. Previously to this I had gone as far as a tribunal but had lost the appeal in January 2013. I was sent a new health questionnaire last year which I duly completed and sent back in October 2013. I remember thinking that surely they will be able to see how much worse I have got. I phoned in January to see if a decision had been made but was told nothing yet. After this I left it not expecting to get good news. So what a shock when that letter arrived 10 months later. I am really pleased obviously but I do feel that the payments should be back dated to when they received my form. This is the information they used to change the initial decision, so surely I am entitled to have the payments from October 2013? I have written twice stating my case and both times their response is blaming ATOS and they are now telling me to take it up with ATOS. We have now written to ATOS but I really don't see how this will help as they don't make the payments.
Any advice will be gratefully received.
Thanks
Best wishes
I had a surprise brown envelope in August, inside was a letter stating that my case had been reviewed and I had been moved from WRAG to Support. Previously to this I had gone as far as a tribunal but had lost the appeal in January 2013. I was sent a new health questionnaire last year which I duly completed and sent back in October 2013. I remember thinking that surely they will be able to see how much worse I have got. I phoned in January to see if a decision had been made but was told nothing yet. After this I left it not expecting to get good news. So what a shock when that letter arrived 10 months later. I am really pleased obviously but I do feel that the payments should be back dated to when they received my form. This is the information they used to change the initial decision, so surely I am entitled to have the payments from October 2013? I have written twice stating my case and both times their response is blaming ATOS and they are now telling me to take it up with ATOS. We have now written to ATOS but I really don't see how this will help as they don't make the payments.
Any advice will be gratefully received.
Thanks
Best wishes
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- Gordon
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10 years 5 months ago #127206 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Back dated ES payments
Toggy
I agree that there is little point in your contacting ATOS, even a formal complaint regarding the time it took for your assessment to be done, is unlikely to be upheld as it would open the door to the near million other claimants who have suffered similar delays to follow in your footsteps.
I'll try and find a reference to the legislation that covers the effective date of Decisions, it may offer some hope although it will be down to you to argue your case, but I suspect that the DWP will take the view that as it was they who initiated the review, rather than you doing so because your condition had deteriorated, that there is no back payment due.
Gordon
I agree that there is little point in your contacting ATOS, even a formal complaint regarding the time it took for your assessment to be done, is unlikely to be upheld as it would open the door to the near million other claimants who have suffered similar delays to follow in your footsteps.
I'll try and find a reference to the legislation that covers the effective date of Decisions, it may offer some hope although it will be down to you to argue your case, but I suspect that the DWP will take the view that as it was they who initiated the review, rather than you doing so because your condition had deteriorated, that there is no back payment due.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Gordon
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10 years 5 months ago #127208 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Back dated ES payments
Toggy
The document you need to have a look at is on the following link
www.gov.uk/government/uploads/system/upl...ile/363157/adma4.pdf
The sections that look most relevant are
- Notification of changes
- Supersession on a change of circumstances - effective dates
- Decisions advantageous to the claimant
I think you would have to argue that your completion of the ESA50 was in effect a notification of a Change of Circumstances and that therefore this is the date that the Decision should be effective from. I have to say that I do not believe that this is the intention of the law as by extension, anybody with a decreased award would have had an overpayment, which would likely be recoverable.
Gordon
The document you need to have a look at is on the following link
www.gov.uk/government/uploads/system/upl...ile/363157/adma4.pdf
The sections that look most relevant are
- Notification of changes
- Supersession on a change of circumstances - effective dates
- Decisions advantageous to the claimant
I think you would have to argue that your completion of the ESA50 was in effect a notification of a Change of Circumstances and that therefore this is the date that the Decision should be effective from. I have to say that I do not believe that this is the intention of the law as by extension, anybody with a decreased award would have had an overpayment, which would likely be recoverable.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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