Help, won esa appeal, now waiting for increase in payment/back pay,

I know that this is for PBC but trying to find out from people who have won an esa appeal and i do not know where i can ask so i asking on different website, sorry in advance if i shouldnt ask here as my mum dosnt suffer with PBC

My mum is ill she suffers from very bad Osteoarthritis in her legs and hips and degenerative lumbar spinal discs, she also suffers with depression and panic attacks, she in constant chronic pain due to having both illnesses together, she cannot walk much and not unaided but when she does walk she is very slow and stops many times due the the pain and discomfort, she cannot stand unaided and for long as the pain is bad and she is weak on her legs, she has problems sitting, when she does finally manage to sit its not long before she is in so much pain, she cannot bend, dress or have a bath on her own as she cannnot do it etc.. she struggles day to day, Her Dr and Hospital consultant have both said that there is no cure and she will not get rid of these illness and they will get worse, she use to work but due to her illnesses/disabilties she cannot anymore and that was said by her GP and Hospital Consultant. She had a work assessment for ESA and got told she fit for work, even though she could not do the things they asked her, she screamed in pain, the assesor must of been blind, she help hold my mum, but the report was so made up and so many lies and conradictions it was unbelieveable , she appealed, she been waiting along time to hear when it be then she got a letter in october saying the hearing s in novemeber

Well she had her appeal hearing on monday, it went well, she was awared enough points to pass the limited capabltiy for work and put in the support group . the appeal hearing was not a bad as we thought it be, they were friendly and listened and didnt judge, we were only in the actual hearing about just over 10 mintues, they said that they already sort of came to the decsion before hand just reading all the evidence and medical documentation that we and the CAB sent in and that they just wanted to clarify some things. so just to let people know not to give up.

can anyone tell me how long have they waited for their money to go back up to what it should of been and for the back pay, we been told different things, and with christmas coming up, my mum could do with having her money increase to what it should be. Before ESA my mum was on income support with a sickness element on top, she then got told she be moved to esa and thats when she had her assessment in july 2011 but she didnt hear from that untill 14th october 2011 when they said she failed it, she been getting the bacis rate noe since then so thats 13 months so can anyone say when they would pay the back pay from.

also another question, we was advised that she could be called back up for another assessment in about 3 months, but could be longer can anyone who won their appeal and then got assesed again few months later tell me if that happens can we send copy of the appeal and a letter stateing that their no change it health and that it was only a few months that appeal was won.

sorry to be abit long

10 Replies

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  • It can tme up to 6 weeks I got told when I won my tribunal but DWP managed to pay me after about 3weeks I had waited 13 months for the tribunal and all the arrears where paid to six weeks after my claim began,I was awarded my ESA support group for 12 months and then will be reassessed as was DLA hope this helps

    Neata

  • thank you

  • Its a few weeks for your mothers payment to change and abit longer for the back payment. On my ESA, ATOS said I wouldnt be able to work for 2 years and since then I have had to fill in the ATOS medical form every year to see how my conditions are affecting me. They then write back and say thats OK and pay for another year. It appears its a paper pushing exercise but no joke when the forms are so long.

    Keep copies of your ATOS medical forms so you can refer back to them. I have heard of people who put something on one form and not on the next can be told that their condition has improved and then find themselves back at appeal.

    Unfortunately its a bad time to be ill both from a financial point of view and from a treatment point of view.

    Good luck to you both.

  • Thank you, its the forms thats worring my mum, this is her first time with the ESA when we filled it in it must of not been good enough and they asked for the face to face assessment and still was not good enough, so are you saying that after you won your appeal they sent you another form and after you filled it in, you didnt have to attend another medical and they said you can continue payments. ?

  • I didnt have an appeal, I just wrote to them and told them they got it wrong and could they look at it again. They did and changed their minds which kinda lends itself to the theory that they turn people down and see if they come back to them. ATOS said I would not be able to work for 2 years, (which is the longest they are allowed to put), they did comment that the didnt anticipate that my situation would change in the future. But once my 2 years were up they have sent me a ATOS medical form every year to fill in. However they have OKed my ESA without any interviews or medicals. There is help out there for filling these forms in; there is a bit of a knack to it and it is a real pain! Citizen advice, jobcentre and no doubt others.

  • thank you, When did this happen for you, was it recent or a few years agao, as i know they keep changing things?

    My mum was not that lucky she failed then said she didnt agree they looked at it again and said they sticking to what they have decided, so my mum went on the have the appeal tribunal with help from the Citizen Advice, like i said she won her appeal.

    She has just spoken to the DWP, and they fob her off, said they have not had anything back and it could take a week and half before the the tribunal service send them anything which we know that is a lie as they said and also the ciziten advice repersentive said they send it next day, the guy at DWP said then we have to look at it and see if what its says and if you need to be adwarded anything, my mum said that she knows that she should get something as she has won her appeal that they over ruled the orginal decison , they said that you have to wait. but we have been advised to keep chasing them as they drag their heals.

    so once they have sorted it out and find out that the triburnal awarded my mum enough points to pass and be put in the support group, anything which we know that is a lie as they said and also the ciziten advice repersentive said they send it next day, the guy at DWP said then we have to look at it and see if what its says and if you need to be adwarded anything, my mum said that she knows that she should get something as she has won her appeal that they over ruled the orginal decison , they said that you have to wait. but we have been advised to keep chasing them as they drag their heals.

    so once they have sorted it out and find out that the triburnal awarded my mum enough points to pass and be put in the support group, should she get a letter stating that and will that where it would say anything about not working for x anount of time, or would that be different.?

  • You will get a letter to say your mum is in the support group, how much money she will get and how it is to be paid, ie mine is 2 weekly straight into my bank account.

    I asked ATOS for a copy of my medical and it is with that it said how long before it was to be reviewed. I got mine 4 years ago so things may have changed since then.

    Im afraid the bad news is they dont leave you alone once you recieve your award, they will keep asking for those **** 30 page ATOS medical forms.

  • ok thanks for all your info, very much appericated

  • i won my tribunal in oct and still have heard nothing about my pay increase or backdated money, has your mum heard anything about hers?

  • I won my appeal 8 weeks ago and every time I call them they say it takes 6 8 weeks I've still not received no letter from them regarding my appeal I won just don't no what to do now.

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