ESA Claim start date and who can I complain to ab?

Hiya

Has anyone had a battle with ESA about start date of their claim? I made my clain in Summer of 2009, but they seem to have dated my claim from the point that I had a medical and appealed my claim...(I NEVER made a new claim - I appealed a decision after a medical) this means that I spent months in 2009 on assessment rate and that from the medical in Jan 2010 date I was appealing about, they have started that as another 14 week assessment period rate and a new claim.

The impact of this is that if I win my ESA at my next medical, that it will only be back dated to their new Jan 2010 date.... so I would lose out on months of the backdated higher amount!

I have called and called them about this and I am getting nowhere - no one can answer me. Someone on my calls in August said it is erroneous and it should when I win be backdated to Summer 2009, but this week I keep being told that I cannot have an answer and that I will find out if I pass the medical to get full rate ESA..... So they will not tell me... She said that I can write - but I have done this several times and get no reply at all (they say my recorded delivery letters are not on my file).

Should you not have backdating to the start of your original claim?

WHO CAN I WRITE TO AT DWP OR ANOTHER BODY TO COMPLAIN - AS I AM TEARING MY HAIR OUT WITH THIS HELPLINE AND GETTING NOWHERE!!!

Please help/advise!

Tilly

Mod edit: moved to Benefit questions forum

Hi Tilly

This is rather complicated as, from what you have said in your other thread Appeal Lapsed - what does that mean, it is unclear whether or not the decision has been changed.

All I can say is that the assessment phase of an initial claim lasts 13 weeks. If you get awarded ESA after this date, regardless of whether it's an original decision, review or an appeal, the extra payment should be backdated to 13 weeks after the initial claim.

As I said in the other thread, I think you need face-to-face advice. If the decision is in your favour or if you win the appeal, the component part of your payments should be backdated.

Best wishes

Derek

Hi,

Sorry to have made my questions confusing.

I want to know if the assessment period should run from the date of the original claim or the date of the decision/medical? So this can tell me when they should backdate to.

How do I see an advisor? I have mobility challenges at the mo.... can I talk to them over the phone or do I have to go somewhere?

I don't think they have changed my decision - but are changing what they are telling me on phone (they would not send anything out by letter about appeal, as they said they had shut down my claim when decision found against me after medical - so could not send out any letters until it was all opened again - chased this for over 2 months now. So I don't have any appeal letters to show an advisor at all, even now - just one saying I will get £65 a week after being paid an assessment period starting in Jan 2010.

She kept talking though as if I only claimed from Jan 2010, which is not correct and told me that the backpayment of the higher rate MAY only be paid from assessment period after the date of the medical I was appealing against (date of decision I guess this would be ) - NOT from after the assessment period from the original claim date. She did not seem sure at all herself.

Clear as mud I know. Just don't have a clue what is the rule!

Thanks

Tilly

Hi Tilly

The assessment period starts from the date of the original claim and not from the date of the medical or decision.

However, they appear to be disputing when this date is, and it is unclear why they shut down and reopened you claim, which may be related to why they think you have only claimed since Jan 10.

To try to resolve this, please see the Getting help with your benefits Guide for help with finding and advisor.

Whatever letters you have from JCP will be useful to an advisor and if necessary they can contact JCP and obtain further documentation regarding your claim.

Best of luck

Derek

They said that they shut down my claim when they decided after medical (at decision point) that I did not get enough point to get ESA. They have never explained why they did this and I have called them many, many times. The fact they for some reason decided to do this closing of the claim is the thing they have blamed endless delays on!

They said they cannot re open a closed claim, they have to build a new one on their system... which was another excuse for delays....

They do not deny that the initial claim was made Summer of 2009 when I keep pointing this out to them, but my guess is that they have input Jan 2010 as a start date in error when they had to rebuild my claim ... only a guess as getting any information and consistent information had eluded me to date.