THE FULL FACTS

Well, a sigh of relief from me today. I won my appeal, i went from 9 points to 15 as they took in to consideration how my panic attacks affect my day to day life. I first applied for ESA back in August 2011, had my medical in December, failed ( 9 points) appealed in January 2012 they refused to reconsider their decision in February, so today I won at the tribunal. For 10 months I have been getting the assessment rate. A big thanks to everyone here for advice and general battle on words of encouragement. My local CAB were brilliant too.
Just two questions..when is money backdated from, is it when you first apply for ESA, when you fail your medical or from when you appeal?
If I have only been getting the assessment rate for 10 months how is any backdated money owing to me worked out?
Please folks, don't give up, what annoys me more than anything is people who swing the lead and play the system like a violin when there is nothing wrong with them. It makes fighting the system so much harder and stressful for those of us who are genuinely ill. If you know you are genuinely not fit for work, never give up fighting for what the law says you are entitled to.
Once again thank you all for your support and advice

NEVER GIVE UP NEVER SURRENDER!!!!

Congratulations and well done on winning your appeal!

Thanks Timo
I even won a tenner on a scratchcard..must be my lucky day

Congrats.

Take some time now to recover.

_________________
Forms:

• GL24 (February 2012) - Download pdf
• ESA50 2013 NEW - Download pdf
• ESA113 (03/11) - Download pdf (DWP Form sent to Dr to complete for ESA)

Information:

• Claim Form and medical guide - (Download pdf)
• The Full Facts - Advocacy support list
• Support Group Criteria
• ilegal guide to ESA50 questionnaire
• Turn2us - access to Benefits and Grants
• Contact your local MP
• 2012 WCA handbook pdf
• ATOS official complaints procedure pdf

Well done twhite, you've waited long enough and quite rightly advised others not to give up the fight for what is right.

I believe you should be back paid to the 14th week of your claim. (@ The difference between assessment rate and I guess WRAG?)

As the JCP are usually very slow to respond to successful appeals and backdating I would make copies of the tribunal decision and forward it to your local paying office, which may speed up the process.

As snowman recommends, try and relax a little as its been a long haul.

_________________
Forms:

• GL24 (February 2012) - Download pdf
• ESA50 2013 NEW - Download pdf
• ESA113 (03/11) - Download pdf (DWP Form sent to Dr to complete for ESA)

Information:

• Claim Form and medical guide - (Download pdf)
• The Full Facts - Advocacy support list
• Support Group Criteria
• ilegal guide to ESA50 questionnaire
• Turn2us - access to Benefits and Grants
• Contact your local MP
• WCA handbook pdf Revised 2013
• ATOS official complaints procedure pdf

Keep calm and carry on.

Thanks Snowman, now i can truly understand the saying, " a great weight was lifted from my shoulders". During the tribunal today I was very nervous and anxious and could feel myself getting tearful and overwhelmed, what spurred me on was the ringing phrase written in my ATOS medical report, 'despite being breathless'...Today I pointed this out saying that yes i have to take my daughter to school and look after her 'despite being breathless' because I'm a single parent and it's not optional! I was furious when i thought about how my panic attacks were disregarded in the ATOS medical. However today they pointed out the episode and asked me how it has affected me, I explained how it has impacted on my social life and my ability to allow my daughter ( 9) to socialise.
So, I'm presuming that it will be WRAG for me as the phrase 'with limited capability for work' was included. My medical condition is ongoing and I'm seeing 2 new consultants within the next 2 months to try and get to the bottom of this crazy, diverse autoimmune disease. For the moment I'm just glad the stress is over hopefully for a little while, please God!!!
I truly believe they sort the wheat from the chaff with this whole appeal process. If you need any inspiration always remember great things were never achieved by people sitting on their backside; history was not made by individuals who rolled over and played dead, it was made by fighters!!!

I agree with everyone here well done and time for a breathing space

Congratulations !!!!!!
Money is back dated to the 14th week if a new ESA claim, or to the date of failed medical if the claimant has switched/migrated from one benefit straight to ESA.

I am still waiting for my arrears to be paid. Nearly 2mths waiting now. They told me they have an 8wk wait due to backlog.

Well done twhite,
Every appeal win is another thorn in the side of ATOS and the DWP.