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ESA blunder
Hi everyone
I am presently arguing with the BDC reagrding payment of the basic rate of ESA.
My client won two appeals on 15th Feb 2011 - failure to attend WCA medical in Nov 09 and failed WCA in August 2010. She has been paid the arrears of WRAG from 14th week of her claim (04/12/09) but the BDC is refusing to pay the basic rate from 04/12/09 to June 2010 as she failed to attend the medical even though she won this at appeal.
The claimant’s ESA originally stopped on 04/12/09 even though she appealed the failure to attend WCA. She was told that she had to wait for 6 months before she could claim again which she did in June 2010. However, following her appeal, the WRAG has been paid from 04/12/09.
I have spoken to someone in the processing team and after much debate they agreed that the client was still owed the basic rate of ESA from 04/12/09 to June 2010. I called them this morning and since then two other assessors have rechecked the arrears and have noted on her computer records that no ESA is owed for the 6 month period.
Am I getting it completely wrong? How can they pay just the WRAG and not the basic rate for the same period? The client was living on just her CTC & CB for the 6 month “deabted"period.
Thanks
They should pay the arrears of the basic rate. Send a letter in by recorded delivery explaining whats missing and asking they to pay it.
Have done this already but spoke to someone at Glasgow BDC who agreed with me so fingerscrossed payment will be made.