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ESA UNDERPAYMENT FOR 10 YEARS

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Pat2024
Pat2024 Community member Posts: 7 Listener

Hi. I am very concerned after find out that I have been paid by ESA from 2014 as a single person. I read that the amount for a people living with a partner is higher. I been married from 2004 and I am receiving ESA Support group from 2014. I take strong medication for blood cancer ( leukaemia) since then and also I take the maximum doses of MIRTAZAPINE for anxiety, depression and panic attacks. So, normally I have a lack of concentration and I trusted ESA that they paid the right amount but today I found that the made an error with my payments. What do I have to do now?. I am so distressed and overwhelmed about this. How do I have to complain about this. Do they should payment backdated?. What is the procedure to follow in order to get a backdated payment?. Also I never tell ESA that I receive PIP. I read something about extra payment of premium disability on ESA if i receive PIP?. On the last assessment I been awarded ESTANDARD daily living and Enhanced mobility. They scored me 2 points in the descriptor 9 engagement with other people. They should score me 4 points because the social support is done by my husband who know me well and have experienced encouragement and promtteming to face to face with other people and according for what I read the Supreme Court said that no only this support could be by an specialists or social worker but also by a family , friend or relative who knows well the claimant. I would like to do the mandatory consideration but I am really scare that they take out points of my award for revenge. But really that 2 points missing would make a big difference because that means that I should be deserve to be pay backdated from April 2016 ( is this correct?). If I am wrong let me know please. It takes me months before know all these and read a lot of information . My last award was in October so it is more than a month but I read that still I can ask for mandatory consideration. Is there any available help from you in order to help me doing this or represent me?. I would not be able to do without any help because I get so anxious, nervous and overwhelmed. Please help me.

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  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
    edited May 21
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    I see from a previous thread that you were claiming Working Tax credits with your husband before you migrated across to Universal Credit. I also note that your husband is also self employed.

    For those reasons your ESA must have been contributions based and will not include extra money for your husband because he's working.

    The disability premiums you mention are not payable when claiming contributions based benefits, they are only payable when claiming Income Related. For this reason you would not have been entitled to any of those. This includes the Severe disability because of your PIP award.

    Based on what you've said here across previous threads if your husband has been working for all those 10 years then you will not be owed any money for ESA.

    For your PIP and the most recent decision, if you're not happy then you are still within the 13 months timeframe to challenge that decision. You first need to request the Mandatory Reconsideration, which you should put in writing. As you're outside the 1 month timescale you must give a reason why you didn't request it within the first month. If they refuse you can just proceed to Tribunal. In the letter you should state where you think you should have scored those extra points and your reasons why.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 56,951 Disability Gamechanger
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    One other important information to point out is that you could never claim Income Related ESA and working Tax credits at the same time.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
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