If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.
Receiving too many notifications? Adjust your notification settings.
Appealing ESA
How does a person whose had four decompression and two fusions one of which has not fused as yet now I’m feeling like I want to just die. I have post traumatic stress physiological damage due to being robbed and jumped on from behind in 2013. DWP have made me suffer I have no income how can they do this to people who are already in crisis I’m just totally unable to cope I not sleeping I’m not eating I’m not feeling like a person I need some help and they have give me none
Replies
Scope
Tell us what you think?
Complete our feedback form to help us to improve your community.
Can I just clarify that since your ESA payments stopped you haven't been advised to claim any other benefit like Universal Credit?
Upper Tier Tribunal Decision SP V SSWP [2018] UKUT 227 (AAC) Upper Tribunal Case No: CUC/1067/2018
Summary of Upper Tier Tribunal’s Decision Published on 26 July 2018
The claimant says he did not receive a notice to attend a Universal Credit work-focused interview in time to attend the appointment as the letter did not arrive until the afternoon of the day of the appointment. He said it had been opened and might have been delivered to a nearby street with a similar name.
The Secretary of State decided he had received the letter and, having no good reason for failing to attend, was subject to a sanction.
The Upper Tier Tribunal disagreed with the First Tier Tribunal’s decision and decided that a notification that can lead to a sanction for failure to comply does not take effect unless and until it is received.
The Tribunal also decided that the notion of good reason does not allow a sanction to be applied to someone’s Universal Credit (or any other benefit subject to sanctions) where the claimant was not aware of a letter sent to notify them of an appointment before the time for which the appointment had been arranged.
The appeal was allowed and the decision set aside for rehearing by a differently constituted panel.
Click here to read the full wording of Upper Tier Tribunal Decision CUC/1067/2018
Have you applied for a mandatory reconsideration yet and or appeal? Unfortunately if you are without money you may have to put in for another benefit such as Universal Credit. I should read poppy12345's reply particularly that declaring nil income for your housing expenses.
You can apply for prescriptions free if you fill in a HC1 form there is normally no need to do this if you receive IR ESA or other relevant benefits.
Reading back through the thread this tribunal will hopefully find in your favour and restore your payments with backpay. The downside is that on UC the EDP is not paid and as already mentioned you will be expected to do another assessment in due course.