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Thread: esa backdated money

  1. #1
    New Member
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    Question esa backdated money

    Hi all new to this forum

    I have been receiving ESA (support group) for a couple of years up until 21st January this year when I failed a ATOS medical and only being awarded 6 points.

    I had my appeal last Tues 2nd Sept and won and was awarded 18 points and placed in a wrag with advice from the tribunal that I should not be reassesses for 24 months.

    Before the failed ATOS medical I was receiving £240.00 a fortnight but now because i am in a wrag it has dropped down to £202.00 a fortnight.

    Can someone give me advice on what backdated money I should receive, will it be at the WRAG rate or support rate?

    Hope this makes sense.

    Thanks in advance

  2. #2
    New Member
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    I should have also put that i have been receiving esa appeals rate from 21st Jan 14

  3. #3
    Senior Member
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    Dec 2013
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    You're now in the WRAG, so the backdated money is at the WRAG rate. You ceased to be in the Support Group from the date you were found Fit for Work.

  4. #4
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    Sep 2014
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    Thanks for your reply

    I thought that was the case.

    I was awarded 9 points for mobilising and 9 points for standing and sitting would i be able to appeal to try to be put in a support group
    If so what would i need to do and will it affect the benefits i receive now.
    I can't even get to the bus stop yet alone use public transport and i wouldn't be able to attend work related activitie group.
    I was so happy when my appeal was allowed I didn't thing to ask the appeals judge.

    Thanks in advance
    Tony
    Last edited by tonytia; 10-09-14 at 19:04.

  5. #5
    Senior Member
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    You cannot appeal against the finding of the First-tier Tribunal unless the tribunal made an error of law. That seems very unlikely based on what you say, as neither of the two descriptors you mention will entitle you to be in the Support Group.

    If the Tribunal did make an error of law, it is likely you would have to appeal successfully to the Upper Tribunal on a point of law to get the First-tier Tribunal's decision set aside, then appeal to a fresh First-tier Tribunal hearing.


    You could report a change of circumstances with the hope of being moved into the Support Group, but, having been found Fit for Work in January, Fit for Work again (presumably) at reconsideration, then the tribunal placing you in the Work Related Activity Group, you do not have a good record of getting yourself in the Support Group on the ESA criteria used from 2013 onwards.

    If you report a change of circumstances, there is a risk of being found Fit for Work again.

    I suggest you get help from a local advice provider (such as a local authority welfare rights project if you have one, or Citizen's Advice) with any attempt to be moved back to the Support Group.


    Difficulty getting to a Work Focused Interview or Work Related Activity does not prevent you from being placed in the Work Related Activity Group. Jobcentre Plus might agree to carry out a Work Focused Interview over the phone if you cannot attend a face to face interview.

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