How long does it take to get your back pay ... - PBC Foundation

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How long does it take to get your back pay from winning your ESA tribunal appeal. I won on 1/08/2012 after been waiting over 11 months.

leswhe profile image
10 Replies

My medical by ASOS was in July 2011, I have had the tribunal overturn their points from 0 to 15, and on 1st August 2012, am still undergoing medical treatment over a year later from their assessment. I requested the notes from this assessment and it was an absolute farce. If I am asked to attend again I want video evidence and audio evidence of this assessment. If I am asked I will name and shame the ASOS official, that said to me, you will be more employable if you are in a wheelchair. I said to her, do you not realise the year it has taken me through hypo, rehab, physio to get myself standing up, I will not go into a chair. The tribunal have said they should not reassess me until August 2013. How can the DWP now still keep me in poverty after all the medical professionals, my GP, my Consultants at three different hospitals deem that I have been unfit for work since May 2010.

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leswhe profile image
leswhe
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10 Replies
zipitydoo profile image
zipitydoo

I would phone them and ask. You dont need any extra stress.

I am not sure if it would be the same but it took me 9 weeks from my DLA tribunal and I had to ring up and chase them, first they said they hadn't recieved it from the tribunal service and then the said they had lost it, after a few good threats I finaly got it this morning. So i would ring them to make sure they have the papers from the tribunal service and if not send them a copy of yours. I don't think they like to get a rush on.

Cherry17 profile image
Cherry17

The whole system is a farce. I won my tribunal in June after my own personal nightmare. My backdated ESA was calculated after 13weeks after i 1st but my ESA claim or some are backdated to around the time of yr medical and depending on the the type of ESA yr awarded which in my case was around £25-£29 extra per week which ended up as a nice tidy sum of over £1000. But to answer yr question it usually takes up to 6weeks, I too forwarded copies of my own papers from the tribunal decision as was told it would speed things up but unfortunatley it was not the case, even my 3month sick note expired during this waiting period which I had automatically assumed the courts decision ment no more sick notes.........???? and they even stopped my fortnightly payments, MORE HASSLE!!!!

Congrats on yr tribunal result and hope yr back payments are sorted out hassle free :)

florriesmum profile image
florriesmum

I would advise you to contact your nearest Benifit Advisor, this could be at you local CAB or local authority, or union or Professional Ask them to act for you with the benifit Agency you will have to sign aletter of authority. The other avenue you have is to contact your local MP, he or she is there to help you with all goverment departments, including DWP, I have had many successes in the past when MP became involved remember they are therre to help you!!!.

You can also check the website gov.uk and check if there is a length of time they must take to

pay out a Tribunal Descision.

Have you thought about claimming DLA, again it is a long complicated form to complete but with some specialist advise on the correct wording and being extremely honest on evey question,there is a possiblity you would be eligble.

My advise to everyone trying to claim these essential benifits that you are entitled to is to try to get some specialist advise, a large majority of appeals are won. Please forgive my typing and spelling not my best subject. I hope this has been of some help. If any problems contact me again. THis site is truly wonderful, I no longer feel that nobody understands how I feel. Love to all, Florries mum.

catherine69 profile image
catherine69

Hi there, I waited between 6-8 weeks on my back dated ESA

catherine69 profile image
catherine69

sorry forgot to mention, please make sure that due to winning appeal and there for receiving extra monies that you are not financially over the amount the goverment says you need to live on (if your currently receiving housing benefit and council tax benefit), my husband is also on sick benefit and when I won my appeal the extra money put us over the amount, what we were not informed of was that I would need to repay any housing and council tax benefit that I received while waiting on appeal, this meant that I owed several hundred pounds to both housing and council tax, if I had been aware of this at the time of getting the backdated money I would have paid it straight away, however, I was not notified of this until well after the money had been spent. As my husband and I do not get income support (husband gets incapacity benefit and I get ESA) it means we are entitled to pay a percentage of rent and council tax

This is a relatively new thing they have started as my welfare worker was not aware of this either.

jamie3280 profile image
jamie3280

hi guys,

Im in the same boat as the rest of you.I had been claiming esa for a year and had it stoped in aprill 2012, previous to that I failed my medical with atos in feb 2012. even though i could not walk.

I attended a tribunal on 2nd novemeber 2012, justice was served and i went from 0 points to 30 and put into the support group. I had surgery 3 months ago on my back and recovering well. The tribunal recomends that i should be reasessed within 3 months of the tribunal date. I was told that i had nothing else to do and sit back and wait for my backdated pay.

I class my self fit for work now after my operation, but my question is this. If I dont get back dated within the 3 months and asked onece again to provide another sick note, how can i provide one if im fit for work.

The judge said that the papers would be sent to the relevent people and i had nothiong else to do. Should i be so trusting, its only been 11 days but i havnt had any conformation, should i be making phone calls.

thanks for any replies.

jamie

CAggs profile image
CAggs

On the 30th aug 2011 I had atos assessment on the 6th dec 2011 I got a phone call to tell me I was unsuccessfull and that on the 22nd of dec my money would be stopped I sent an appeal in on the 6th of jan 2012 and attended an appeal on the 8th feb 2013, today is 2 weeks since I won my appeal 14 LONG MONTHS from start to finish, when I am finished on here I am going to ring the 24hr helpline to find out where my 14mths of backdated money I was entitled to from day 1 will go into my bank account and if I can't get a reply that I want to hear I will ring them every day, good luck to every one out there who are waiting for their appeal date to drop through the letter box, I very nearly gave up, how glad i am now that I didn't don't hold your breath though

Sick profile image
Sick

I got my money stopped on the 11th april 2012 by this Atos rubbish I just got my appeal on 26th may 2013 and this tuesday is 6 weeks I will have waited ,my money still hasn't gone up and I have had no back payments...how can it take them this long ,when I first lost my cash it was the same friday they stopped my money..winning the appeal takes them 6 weeks + I will wait another week then I will start ringing them up also I sent in another sick note and I am keep getting there letter saying send us a sick note ? do they even do any work other than kick people off...

johnguitarist profile image
johnguitarist

i won my esa appeal on 11th may 2013 i got put in the support group with no review until 2 years time, just over a month has passed and ive had no money, after ringing them im told its normal for it to take 6 to 8 weeks as there very busy, what they never mentioned is the dwp has been following my partner in the mornings when she takes my son to school, they then leave her after she is seen coming back home and into our road again, she even stopped halfway and they sat n watched her, this is the 5th time she was followed so far and its pretty obvious they are waiting to see if im going out or working, anything to get out of paying me what im owed, which works out at £2,500 so far, im also on dla and you get a component payment when your put in the support group so it all adds up.

so beware guys they are watching and theyl get you if they can anythin to save a buck i guess, they should hound the people that are taking the p*ss not the genuine ones.

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