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ESA PIP Pensions

TrudylynneTrudylynne Member Posts: 8 Listener
edited August 2017 in PIP, DLA and AA
Hi Everyone. I joined this community to learn from others and to not feel alone.

Replies

  • TrudylynneTrudylynne Member Posts: 8 Listener
    I was medically retired from my nursing post on June 20th 2017.
    So far I am still waiting for my disability retirement pension from the NHS.
     I applied for PIP on June 21st and they apparently never recieved my application in time so I had to ask for reconsideration. I then got a letter saying I did not qualify  on reconsideration of my aplication. I phoned to ask why I did not qualify when I had not even had an assessment. The guy I spoke to checked my records and said their was no record of an application being received so I would have to reapply.
     I applied for ESA and was told to reapply when I knew what pension I would be getting as the amount of ESA I would get depends on my income. So in effect, at this time I have no income. I have spent my savings on buying a rollator and a mobility scooter and surviveing upto now. So, what do I do now, pick a spot on the street and go begging. I have no partner and my children are helping as much as they can but they have their own households to take care of.
     Who helps in these situations?

  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    edited August 2017
    Hi @Trudylynne

    I'm sorry to hear about your current problems !!!

    I had to take early retirement from the NHS a few years ago now so please ask me anything that might help you ???

    Hi @BenefitsTrainingCo

    I'm very very sorry but I have got another one for you there seems to be a lot off PIP's.

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Trudylynne

    I will respond to the 2 queries separately:

    1. PIP

    Whether PIP have an application form is crucial.  Your post indicates that a PIP form was sent but it was not returned within the deadline given? Is this correct? If this is the case then a late PIP claim only effects the date when benefit starts and does not effect the question of entitlement to benefit. 

    Have you received a Mandatory Reconsideration decision? If so, any further challenge must be made within 1 month of the date of this letter.  In addition are you being transferred from DLA? 

    If no PIP form was ever sent, then you will have to make  a new claim.

    Please post again. 

    2. ESA

    Have you made completed an ESA application form? or did ESA put you off completing the application form given the information about your pension.  I ask as generally the ESA claim is processed and then when pension is awarded ESA will look again at your claim. If it reduces ESA entitlement, you will receive less money and an overpayment will then be created (for the period you were paid too much) that you will be expected to pay back from any arrears of pension paid to you. 

    Some areas are also under Universal Credit rather than ESA.  I have put a link below for you to put in your postcode and check what type of area you are in:

    https://universalcreditinfo.net/

    Please post again on this issue. 

    Maria
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • MatildaMatilda Member Posts: 2,616 Disability Gamechanger
    @Trudylynne

    Best to send anything to the DWP by recorded delivery.
  • TrudylynneTrudylynne Member Posts: 8 Listener
    I did put in an application for ESA then got a phone call off them asking for more infomation. Whe |I said I was still waiting for my Pension and dis not know how much I would get,she told me she would cancel the application and I was to reapply whe I knew what my income would be,

  • TrudylynneTrudylynne Member Posts: 8 Listener
    Pip. I did send the original form in plenty of time. I was sent a rejection letter, When I phoned them she said she had the application and would resubmit it.
    I then had another letter saying that after reconsidering the infomation given I was not eligable for Pip. I phoned again and spoke to a gentleman to say I wanted to appeal and after checking my record he said there was no infomation on the system of any application being received and sent me another form which I filled in and returned the day I received it.
  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hi Trudylynne, 

    ESA: The DWP should have taken your claim and they have advised incorrectly. As Maria said above, they should assess your claim on the available information then reassess it when you get your pension. You should apply straight away and ask for backdating, explaining everything you have told us in the space provided.

    PIP: You should reapply for PIP and submit an appeal for the original claim if you have a mandatory reconsideration notice. All these decisions are appealable and we need to fight these poor decisions.

    It sounds as though the DWP have really let you down on both benefit claims. Good luck.

    Lee
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • dogfatherdogfather Member Posts: 61 Connected
    TrudyLynne just to throw a curve balll in your original post you said you have been medical retired by the NHS at the end of June.  Before retiring on health grounds I assume the NHS agreed to start paying your pension? Have you contacted the NHS to ask when they are going to make the first payment? They may also have a hardship fund which could make a payment to you whilst your pension ESA & PIP are being sorted. 
  • TrudylynneTrudylynne Member Posts: 8 Listener
    Hi dogfather,
    Basically the NHS forced me into medical retirement, I wanted to carry on and ignore my disability, I accept now that I am not fit to work. The pensions agency have been really slow so I phoned them and asked them what was going on, they told me I had been accepted for Tier 2 and sent me a aws form to get filled in to release the pension. I phoned again 2 weeks later and was told a mistake had been made and I was down as having taken voluntary redundancy. I had to get back in touch with my old work place and get them to set it straight., So, so far everything has gone wrong and I am just glad I have four wonderful children to help out,

  • dogfatherdogfather Member Posts: 61 Connected
    Trudylynne That does not sound correct. They can't say we will give you tied 2 ill health pension then change their mind and say you took voluntary redundancy.   I assume that you must have gone through occupational health & been assessed for ill health retirement?  Before you stopped working did your employers write to you to confirm their decision?

    You need to find this paperwork and contact the pension people to get this sorted ASAP. If you have any difficulty were you or are you still in the union? Speak to your union rep and ask them to fight your corner. 

    If if you get no joy this route sounds like you should raise a grievance against the NHS, pension company. Final resort  pension ombudsman. 


  • wildlifewildlife Member Posts: 1,314 Pioneering
    @Trudylynne Adding to the above advice, when you ring DWP about anything ask the name of whoever you're speaking to, note the conversation, time and date. All calls have a record of what was said at their end. If you keep your own record it helps for if you need to make a formal complaint you can supply a record of your calls. It also wakes the advisor up and makes them think "I better do this properly if a record is being kept by the claimant. Can I suggest you don't just comply with wrong instructions but think about, or take benefit advice as you're doing now, to stand up to DWP. The first PIP claim you made should have been actioned so as @Matilda said best to send everything recorded delivery or to be signed for. I have made a subject access request to ATOS and DWP and received a huge pile of papers. I can see notes that were made following phone calls, notes between different people who worked on my claim. So there is a system in place for information to be gathered and passed on at their end. This system clearly failed in your case.   
        @Lee's advice above is to make another PIP application but you've already done 2 so get on the phone and ask to speak to a manager higher up or you can book a call back from a Decision Maker if you now are sure at least one of your applications is being processed. You will be able to find out why they're saying you're not entitled when they haven't offered you a Face to Face assessed. Ask what stage your application is at and tell them you'll be making a complaint to DWP and contacting your MP if they don't pull their fingers out.  
  • steve51steve51 Member Posts: 7,175 Disability Gamechanger
    Hi @Trudylynne

    Yes I had to take early retirement from the NHS around two years ago now in my early 50's at the time.

    Having worked in management previously & seeing the state of things within the NHS Unit where I was employed I decided to sort things out straightaway.

    My pension was in process well beforehand & with the help of our information service within the unit my Benefits where ongoing as well.

    Please please let me know if I can help you further with anything ???
  • TrudylynneTrudylynne Member Posts: 8 Listener
    I m so fed up, the pay dept and pensions had 12 weeks notice which took them to June 21st, I phoned pensions last week and they said someone had put me through as voluntary redundancy, yet , when I spoke to them before they had told me tier 2 had been given. Why do they lie. PIP have actually confirmed that my application has been received and sent for processing. I have applied for ESA again. In the meantime I have sold my house to my daughter and applied for a service bungalow with my local housing association. I can no longer manage in this house with no downstairs bathroom and no walk in shower. Just waiting for something to go right. Cups half full so expecting a top up hahahah, Got to keep positive
  • dogfatherdogfather Member Posts: 61 Connected
    Trudylynne sorry to be a pain but you need to get your pension sorted asap. Get on the phone and badger them first thing Monday morning. Raise a grievance against them for the pain & suffering caused because they have not processed your pension probably. 


    Re your ESA I wish you luck with your new claim, however if your NHS pension is greater than £85 a week you lose 50p of ESA for every £ of pension above £85, I think.  There is no impact if you are granted PIP. If you need any further help please ask.

  • BenefitsTrainingCoBenefitsTrainingCo Member Posts: 2,692 Pioneering
    Hello Trudylynne

    It does sound like everything is going wrong.  I am however glad to hear that there is an ESA application in and being processed.  Did you ask for the backdate like Lee suggested? If not you can still ask that they consider a backdate of ESA entitlement.  You can request a 3 month backdate and if you have  a Fit Note that covers this period then ESA will generally be awarded. 

    A PIP application is in, but you mentioned that you have had a reconsideration decision that refused PIP.  You can consider appealing this.  You have 1 month from the date of the Mandatory Reconsideration decision to lodge an appeal.  You can also lodge a late appeal, and generally there is an absolute time limit of 13 months to lodge the appeal.  Please post again if you would like further advice on the appeal process. 

    You also mentioned that you have sold your house.  PIP is not means tested and so is unaffected by other income or capital e.g. savings that you have. Confusingly there are 2 types of ESA if you receive the contributory ESA then the proceeds of sale from your home will not effect your entitlement however if you receive income related ESA then they will effect entitlement.  It is therefore best to make ESA aware that your savings have increased (if you have not done so already).

    Please keep up us updated.

    Maria  


    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • Pippa_AlumniPippa_Alumni Scope alumni Posts: 5,851 Disability Gamechanger
    Hi @Trudylynne, how are you getting on? Has there been any progress with your finances situation?
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