ESA/PIP/SDP - Confused by new ESA letter.

Kimi87

He can write a Journal note asking if his ESA status has been confirmed yet.

How long ago did he apply?

As I advised in the LCW group although he can't be forced to apply for jobs, he will be expected to do work related activities.

I honestly think the best thing you can do is report the worsening change of health with a Fit Note as I advised to trigger the WCA process.

It sounds like he should be in the Support Group and that would 100% remove any worries about a work coach changing to someone unreasonable etc.

While the WCA process is underway, the work coach will have some discretion to turn off or reduce his work related activities.

W348

I can’t remember the date, I think he had his migration notice letter in Nov/Dec, and we did his online application in January (it was likely mid Jan) as was recommended here to try and leave it close to the deadline - as we had concerns over his SDP, previously discussed here about Transitional Protection. I’m not too sure how all that works tbh, not that it matters now as it’ll just confuse me more. ;) I recall we did his UC Application a few weeks before his deadline.

He did mention his first UC payment was less than he expected. He didn’t say how much but he did mention his last ESA payment was more, so I figured the DWP probably worked it out.

flour

https://forum.scope.org.uk/discussion/comment/986772#Comment_986772

@W348

I appreciate all this must get very confusing especially helping multiple family members for which you are a saint! I'm putting bits in bold to try and help. I'm going to reply to your third message on 20th Feb about Pension Credit (copied above) as I can see your getting help about UC.

You said:

 I’m not sure how long ago that was now, I think it may even be upto 2 years old at this point. I guess then that would be past any deadlines for a mandatory reconsideration. 

However I've wrote on the 15th February that:

It sounds like an official error was made in the decision. If that's the case you don't need to re-apply again for pension credit.

Instead you can just do an MR which is a must simpler process than a new application. You can do the even if its over 13 months since the decision. Your allowed to do this because of their official error.

The official error being a calculation mistake by the decision maker.

Further, in case I didn't explain myself clearly deadlines to do an MR/appeal do not apply to an official error decision. It could be 10 years ago and you can do an MR if there was official error.

I also said the next step to contact them being:

You don't have to ring you can send a letter. You can just put a letter in the post with the subject 'MR official error' and explain what's gone wrong to the DWP in the body of the letter and let them work it out.

Equally, I would advise booking an appointment with a welfare rights organisation such as Citizens Advice or instead an older persons charity which provides benefits support such as Age UK.

Further, this is what the letter could look like:

**

Dear Decision Maker Pension Credit

Subject: Mandatory Reconsideration - Official Error in Calculation of Savings Pension Credit

National Insurance Number: AA123456A

My address: House, Street, Town, Postcode

My full name: First Name, Middle name,,Surname

My date of birth: DD, MM, YYYY

In my application to Pension Credit you doubled my savings amount in error and disallowed my claim.

Please undertake a review of this decision through the mandatory reconsideration process. Please bear in mind this request must be allowed even if over 13 months after the decision due to your official error.

Thank you

Your mum

**

If you haven't got an address to write to, you can use the The Pension Service Address or telephone to either a) ask for an address or b) file the MR over the phone by reading the text out to them (recommenced for speed but some people have more confidence in paper records).

Another activity you can do is submit a subject access request to the DWP for a copy of the files they hold on your mum. They'll send you a copy of the application form and all letters and notes so you can see what's gone on:

https://www.gov.uk/guidance/request-your-personal-information-from-the-department-for-work-and-pensions

If you decide instead to submit a new form you can use a paper form downloaded online or picked up from the job centre.

If you need to know more please do not hesitate to reply.

W348

Thanks for the comments. It’s going to take a while to try and get some of this stuff moving.

With regards to my brothers UC difficulties at the moment. We noticed on his journal he had some sort of warning about agreeing to commitments by 3rd March or he will not receive any money. This is ridiculous the amount of stress this rubbish puts on people with mental health difficulties. We weren’t sure whether to accept this or not as he has a sick note so therefor not fit for work, yet he has to agree to commitments or not receive his money.

My mum is also equally frustrated as is not used to doing things online, so I think she finds it frustrating not being able to help. Myself, I wouldn’t really have a problem with a journal or this online method of communicating with the JC, but the website is clearly rubbish with very limited options.

He does have a sick note from the GP. I looked with him at his online journal several hours ago but I could not find a way to upload a photo of his sick note.

Is it even possible to add a sick note to his journal?

We did add a comment to the journal to say we have the sick note but couldn’t find a way to upload it. We later added an appointment request to hand in the sick note too.

Does he need an appointment for this reason, or is it possible to just pop into the job centre for a moment and hand sick note in?

Kimi87

You do have to accept work commitments, even if they are for seeking work and ESA status hasn't yet been confirmed.

See these threads for guidance on providing Fit Notes.

https://forum.scope.org.uk/discussion/121998/adding-fit-note-to-uc-account

https://forum.scope.org.uk/discussion/96924/do-you-need-to-upload-a-sick-note-on-to-the-things-to-do-section