ESA Appeal successful - now what?

Thanks to help from your guides my partner has successfully been declared unfit for work on the exceptional circumstances clause at Appeal.
My question is, his 12 months on ESA ran out in March and he has had nothing since then. What do we do now?
Thanks in advance for your help.

Hi Catie,

Thanks for letting us know about your husband's successful appeal Which group was he put in, WRAG or Support?

It will take around 8 weeks for any back pay to land in the bank. How much you can expect depends on the answer to my question above.

If your husband is still on Contributory ESA and placed in the WRAG, he will get the difference between the assessment rate and WRAG rate from the 14th week of his claim until the 365 days were exhausted. NI credits will be made on his behalf towards his state pension but no further payment will be made until/unless he is allocated to the Support Group at a future reassessment (which will happen periodically).

If he is on income-related ESA in the WRAG, payments will continue, as they will if he is in the Support Group.

The one fly in the ointment is that DWP has the same right to take this further as the claimant - that is, they have one month in which to request a Statement of Reasons if they think there might have been an Error of Law. If they do not do this things will progress smoothly.

Tribunals – Requesting a Statement of Reasons

What is an Error of Law?

You don't have to do anytihng at this stage, although we find that it sometimes speeds up the process if you send a copy of the decision letter to DWP

Hi Mrs Hurtyback,

I recently had an ESA appeal allowed and the back payment went into my bank account 8 days after the appeal hearing.

I've absolutely no idea why there is so much discrepancy in the length of time it takes to pay successful appellants, but one thing we can be certain of is that they are capable of doing it quickly if they want to!

(Many thanks for your excellent work on the forum).

Derek