ESA APPEAL WIN

Hello.... i failed a ESA wca medical on 1/7/2016 and took my claim to tribunal and claimed JSA ..... i won my tribunal and was awarded 18 points on 6/12/2016.the DWP have written to tell me i have been reinstated in the WRAG.... will i be backdated the money owed from 1/7/2016? ....i would be so very grateful if anyone can help...Thank you!! .

10 Replies

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  • Yes the money will be back dated. I have PKD & also waiting to go to tribunal for ESA support group. Well done!

  • Thanx belindascott :) Good luck with your Tribunal...Justice will prevail 4 you i'm sure!! :)

  • I read that you get backdated to application date.i applied but failed. i just couldnt push myself enough to appeal. Do you have PBC as well as other health issues?

  • Thanx CathieG... :) no i don't have PBC... Anorexia,Depression, Anxiety! Sorry you didn't appeal... if you still have time please consider appealing you can get help from Community Law... they will compile a submission on your behalf and take the strain 4 you!! All da best and good luck! :)

  • Yes i think so as long as it was an appeal rather tham new claim.well done

    Cazer

  • Thanx so much Cazer! :)

  • I also won mine after fighting for 2 years To get to appeal, I recieved the back pay but due to the 365 day rule I do not get any benefit so was a waste of time i am no better off even tho I am still sick.

  • Well done! Itshould be backdated to week 13 after you applied not when you failed the medical. I have just won and had mine back date to April 15. although my payments stopped in Jan 16 because of the 365 day rule.

  • What is the 365 day rule?

  • If you are in the work related group of esa so not the support group they will only pay you contribution based esa for 365 days after that it is means tested so if your other half works full time as mine does to keep a roof over our heads you no longer receive any payments even though you won the appeal! I have even tried CAB and they say there is nothing I can do.

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