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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA blunder

Joannah
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Welfare Benefits Specialist, Toynbee Hall, London

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Total Posts: 4

Joined: 17 June 2010

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

dbcwru
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Darlington Welfare Rights, Darlington Borough Council

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Total Posts: 114

Joined: 22 June 2010

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.

Joannah
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Welfare Benefits Specialist, Toynbee Hall, London

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Total Posts: 4

Joined: 17 June 2010

Have done this already but spoke to someone at Glasgow BDC who agreed with me so fingerscrossed payment will be made.