If a DSL or ESA benefit is reduced, and the appeal is eventually successful, is the payment difference backdated ?
As Greenthunder says; Yes at least it should be, at this point DWP often resort to intimidation and/or delaying tactics.
In my case it was the ATOS medical appointment and then being told that DLA intended to appeal to the higher tier Tribunal, which thanks to my Avocate and some research I knew could only be done on a point of law. I informed them that I knew that and that I would also reporting to HMCTS (Tribunal) the fact they had request an ATOS medical so soon after the tribunal's decision. 2 Days later I was informed that I did not have to attend an ATOS medical and the back pay would be paid into my account the next day, which it was. However, had I not known about these things and just accepted the ATOS medical I could have been "found fit to work" and then have to start the appeal process again but then the back pay would only be payable back to the date of this 2nd appeal.
As for ESA, they stopped my fortnightly payment !
When I rang them and asked why, they said they could not find any reason why or how the payment had been stopped.............Yeah Right ! I then said in which case they should pay the money into my account straight away, to which they replied "Why ? you had a lump sum paid into your account by DLA last week !" the fact that I had used that money to pay back family and friends that have bankrolled me over the period of waiting for the appeal and that I bought some actual new clothes (instead of charity shop) for myself and family for the 1st time in 2 years and that I have filled my freezer with food that isn't about to go out of date for a change; what has gone into my account is irrelavant unless it is over a certain amount that has to be declared and taken into account (which it wasn't anywhere near above, but maybe that is what they are trying to do with higher amount claims !) what had that got to do with anything ?
Enraged by now, I then said if we are talking about back pay when will I be paid my new rate and back money ? to which they replied "What new rate and back pay ?" I then said about the tribunal results (which I knew had been received) and they blatently denied having received any communication from the tribunal to which I replied they were lying. Now although I was fuming I had not once sworn or been abusive but it was at this juncture they said there was not any point in continuing the conversation and ended the call.
I have not received my ESA payment yet but I have sent a letter asking when and what will my back payment be and if my ESA fortnightly money is not in my account on Monday I shall be phoning again and despite feeling like being really abusive to them I will politely ask what is occurring.
The back pay will allow me to get the car through its mot and then tax it for the year to ensure that my wife will be able to drive me to the appointments that I have no doubt DWP will ask me to attend and although the money is needed to do things around the house I am hoping I will be able to donate something to the local charity that has been a godsend to me and helped by providing an Advocate and support.