Getting ESA while waiting for appeal hearing

pigeon55

Thanks for your time and replys much appreciated.

pigeon55

I've just spoken to the dwp on the phone again they talk to you like something on there shoe. They insist that because my cb based esa only runs for 365 days and mine finished on 7th Feb 2017 that even though I had acceptance by hm courts in September 2017 for my appeal I'm not entitled to  any esa payment or reduced payment only my stamp contribution to cover my old age pension. They say they going to put a letter in the post explains the reason for this event though I asked who I could appeal there dission to. I no what there letter of explanation will say before it gets hear. Your esa contribution has expired as it only runs for 365 days which they have already told me. Just wished I was able to return to work as this is only causing me hear you ache stress depression and anxiety. I can see why people do what they do after being involved with the dwp.

pigeon55

It seams that way.I don't trust theme though because she said they had had no correspondence from me since last September and I no that's wrong as I spoke to them in February and they said my claim had been shut down as I had not sent in my fit for work notes and the courts send them a copy of all my medical evidence and so do I. When she looked again she said oh yes we have you fit for work note from Feb to Aug this year. They are the most unhelpful people I have ever had a telephone conversation with. They for get that the 40 yrs I've worked in contributed to there salary. Looking to make a different approach to them now and see what reply they come up with then. Once again thanks for your comments.

[Deleted User]

Hello pigeon55

I think that  it's probable that you can't be paid the assessment rate of ESA pending your appeal. This is because when you appeal about the support group of ESA, you are only paid the "lower rate"of ESA pending the appeal. In  the case of someone with a partner who works, the lower rate of ESA doesn't exist after 365 days - so that would mean that no ESA benefit is payable. (I'm looking at page 96 of Disability Rights UK's  "Disability Rights Handbook" 2017 to 2018, paragraph 19). 

Does anyone agree or not agree with what I've written here (in this first paragraph)?

You said that you've worked and paid contributions for 40 years. It is very frustrating that the ESA is restricted to being paid for only a year unless you are in the support group. It's also frustrating that the DWP have spoken to you inappropriately, and that no-one there has been able to explain the rules to you. 

This is an issue that affects a lot of people and may be something that some politicians, and certainly members of the public are unaware of. Talking to your MP may be a way of creating more awareness. 

Best wishes

Gill_Scope
Finance and Benefits Specialist
Scope Helpline 
Tel: 0808 800 3333 

pigeon55

In all sense looking at my problem. They stoped my £109 esa cb based in 2017 saying I'm fit for work. In my opinion and my medical people say I'm not fit to work. Surely as they say I'm fit for work commonsense says they should pay job seekers durring this period. I would be contraddicting myself if I claimed jsa as I'm the one who is not fit for work.

pigeon55

Just been looking at my payments during my esa period I started off at around £74 per week then it went up to £109 per week. Also if you are in the Wrag group shouldn't you have to go for regular work related interviews. In the time I was receiving cb based esa I only was invited to the job center once in 12 months seams a bit strange to me as they also allowed my file to become dormant and it was closed down separate last year seams they getting my case very mixed up its realy confussing me. Been offered help with my case on a no win no fee basis anyone used something like these before.

[Deleted User]

What is EPS please?

Gill_Scope

[Deleted User]

Thanks.

kamara46

I had a letter telling me how much esa I will get, the letter is dated 16th April, I have my assessment on 21st May, yet I have received no money yet, how long does it take, or should I phone them up, I don't have any money left out of my savings now for food, bills etc

needhelp2018

Hi i recived a letter yesterday stating iam no longer alowed esa even though i had 2 major operations last year to remove a condrosrcoma (cancer) from my leg and i still in really bad pain and also still need walking aids for short distances or wheelchair for anything longer than 20 metres i also suffer from diabeates (type1) and depression can anyone help and tell me the best course of action to take please 

poppy123456

needhelp2018 said:

Hi i recived a letter yesterday stating iam no longer alowed esa even though i had 2 major operations last year to remove a condrosrcoma (cancer) from my leg and i still in really bad pain and also still need walking aids for short distances or wheelchair for anything longer than 20 metres i also suffer from diabeates (type1) and depression can anyone help and tell me the best course of action to take please 

Hi,

Were you found fit for work after a face 2 face assessment? If so then your next step is a Mandatory Reconsideration (MR) and you have 28 days to request this. You should put it in writing stating which group you think you should be placed into and your reasons why. Did you send in evidence to support your claim and were you previously in a group or on assessment rate?

As your money has now stopped, were you claiming Income Related or Contributions based? If it was Income related then you need to check what's in your area, if it's a full Universal credit area then you won't be able to claim JSA for extended period of sickness. You will have to claim UC, if you claim UC then you won't be able to go back onto assessment rate of ESA. Check your area here.

https://ucpostcode.entitledto.co.uk/ucdate

Netty10

I’ve been told today after esa assessment I have no points and to claim uc. Tried to and because I have had a disability premium on my esa I am not allowed to claim uc. Am at a total loss as to what to do now. Someone suggested I claim income support as I am classed as my sons Carer. Is this my best course of action whilst I ask for a reconsideration?

poppy123456

Netty10 said:

I’ve been told today after esa assessment I have no points and to claim uc. Tried to and because I have had a disability premium on my esa I am not allowed to claim uc. Am at a total loss as to what to do now. Someone suggested I claim income support as I am classed as my sons Carer. Is this my best course of action whilst I ask for a reconsideration?

Hi,

I gave a lot of advice on your other thread here. https://community.scope.org.uk/discussion/56655/esa-stopped-today-asked-to-claim-uc-but-im-on-sdp#latest

Or if you claim carers allowance for looking after your son then yes you can claim Income support.

eric144

I received two letters yesterday.

One telling me they have received my ESA appeal, the other a UC50 form for another WCA. I was told to claim UC while my appeal process was ongoing.

I don't want to be in the ludicrous situation of winning the appeal and failing the WCA. Can I switch back to ESA now my appeal is officially in the system ?

Thank you !!!

poppy123456

eric144 said:

I received two letters yesterday.

One telling me they have received my ESA appeal, the other a UC50 form for another WCA. I was told to claim UC while my appeal process was ongoing.

I don't want to be in the ludicrous situation of winning the appeal and failing the WCA. Can I switch back to ESA now my appeal is officially in the system ?

Thank you !!!

Hi,

It would have been better to have started your own thread with your question because it causes so much confusion when asking questions on other peoples threads.

As you claimed UC then you can't go back onto ESA because ESA no  longer exists for you now.  You will need to fill out the UC50 form and return it, with your evidence no later than the date in the letter.

Any decision made on the new work capability assessment will overrule the Tribunal decision.

Benistmonk

When my ESA was stopped, I was advised by 3 different people over the phone from the Citizens Advice Bureau to claim UC, they even said they had done some dubious calculation to persuade me, saying I would be better off on UC.

Of course I knew it was bad advice and politely declined. 

eric144

poppy123456 said:

eric144 said:

I received two letters yesterday.

One telling me they have received my ESA appeal, the other a UC50 form for another WCA. I was told to claim UC while my appeal process was ongoing.

I don't want to be in the ludicrous situation of winning the appeal and failing the WCA. Can I switch back to ESA now my appeal is officially in the system ?

Thank you !!!

Hi,

It would have been better to have started your own thread with your question because it causes so much confusion when asking questions on other peoples threads.

As you claimed UC then you can't go back onto ESA because ESA no  longer exists for you now.  You will need to fill out the UC50 form and return it, with your evidence no later than the date in the letter.

Any decision made on the new work capability assessment will overrule the Tribunal decision.

Sorry, I didn't know what to do for the best. Thanks for your help. I really appreciate it.

I  was told to apply for UC on page 3 of the decision letter telling me I had 'failed' the WCA.   This is very hostile system.