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Thread: Will I get ESA reinstated and backdated during appeal process? Unique situation

  1. #11
    Senior Member nukecad's Avatar
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    After my appeal is accepted by the courts, do I need to call dwp and initiate resumption of esa payments? Could you explain a bit more, please, about the process of being put back on reassessment rate once appeal is accepted?
    The usual process is:
    • You are found fit for work and your ESA stops.
    • You ask for MR, and the DWP don't change their decision.
    • You send your appeal application to the court.
    • The court accepts your application and tell both you and the DWP in writing. (There won't be a tribunal date set yet).
    • Assuming that you haven't made a claim for UC. (You might have been claiming JSA or claiming nothing).
    • You contact the DWP and ask them to put you back on ESA, at assessment rate. (They will probably tell you that they haven't received notification from the court yet and ring again later). They should tell you to send fit notes.
    • Once they have the letter from the court and your fit note they will start paying ESA.
    • If you have been claiming nothing and can supply backdated fit notes they will also backpay for the period covered by the fit notes.
    • Without backdated fit notes you will have to wait until you win at tribunal to get any backpayment for that period. (No win no backpay).


    That is how it is supposed to work, sometimes you have to push a bit when you phone to ask to go back on ESA because the DWP phone staff often don't know hw it works.
    It's a particular problem at the moment because they just assume that you have been claiming UC once your ESA stopped, and you can't go back to ESA once on UC.

    PS. I'm not sure how long a GP can backdate a fit note for, but as you know the DWP like to be a law unto themselves and if they won't accept it then what can you do?
    (Well you can ask for MR, and then appeal, of the decision not to accept it - round and round in circles).

    PS. There is a new website for sending fit notes online, so they get there quicker and don't get lost in the post:
    https://www.youreable.com/forums/sho...igital-service
    Last edited by nukecad; 07-06-2018 at 04:39 PM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #12
    Quote Originally Posted by hughie1 View Post
    P.s. Thanks for the help so far.
    What happens if they start paying esa again, and even if backdated payments, but I was to lose appeal, would I have to pay them back?

    P.s. I'd appreciate your opinions on my most recent two questions.
    Last edited by hughie1; 07-06-2018 at 05:24 PM.

  3. #13
    Senior Member nukecad's Avatar
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    No you would not have to pay it back.

    If you mean your questions in other threads then noisynoodle has already answered the same as i would.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #14
    Quote Originally Posted by nukecad View Post
    No you would not have to pay it back.

    If you mean your questions in other threads then noisynoodle has already answered the same as i would.
    I've received a letter from hmcts saying they've got my appeal. Should I call dwp now? What should I say to them?

  5. #15
    Quote Originally Posted by hughie1 View Post
    I've received a letter from hmcts saying they've got my appeal. Should I call dwp now? What should I say to them?
    wait a few days then follow the advice in #11 above.

  6. #16
    Senior Member nukecad's Avatar
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    Things are progressing as they should.

    As slipmaster says, wait a few days, or maybe a week, then ring the DWP.

    Tell them- 'HMCT have accepted my ESA appeal, their acceptance letter is dated {date}, I have not been claiming anything since my ESA was stopped following my reassessment. I now want to go back onto ESA while waiting for the appeal hearing. I can supply fit notes.'

    That should do it, if you have problems getting the person on the phone to understand then ask to speak to a supervisor.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

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