Appealing ESA

Charleyb

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

Chloe_Scope

Hi @Charleyb and thank you for taking the time to share this with us. I am sorry to hear that you are struggling. What stage in the appeal are you currently at?

WeepingWillow

@Charleyb It's best if you elaborate so that people can advise you.

Charleyb

I am waiting for a date

Charleyb

I have been left without money since the beginning of may

Ripples

@Charleyb What you need to share is the background for example  what benefits are/were  you claiming? Have you been found fit for work after an assessment?  If  so have you completed a mandatory reconsideration? Why do you not have any income? Have you spoken to someone like Citizens Advice?

Charleyb

Yes but I missed my assessment appointment as I got the letter after the appointment date. So my benefit has not been automaticity reinsated. Which citizen advice said it would. And every time I asked DWP for advice they refused to help me

Charleyb

I was claiming ESA and I was in the support group I was meant to attend a assessment but I missed my appointment as the letter came late. I explained all of this and asked for a mandatory reconsideration but they refused to change their decision even though my doctor had adviced them that my condition had got worse and that my medication had been put up and that I must not work

poppy123456

You were found fit for work for failing to attend the assessment. Your next step is the Tribunal and you have 1 month from the date of the decision to request this. Unfortunately because you were found fit for work for failing to attend you won't be paid assessment rate while waiting for the Tribunal.

The Tribunal will now decide if your reasons for not attending are acceptable, if they are then you'll be able to go back onto ESA assessment rate, while you wait for assessment. If a Tribunal decision goes in your favour, any money owed will be back dated. I would advise you get further help with this. Good luck.

Ripples

It is as poppy123456  says  a failure to attend means you are automatically considered fit for work.  Is there a problem with your post generally? I ask because the appointments I have had by post are usually about  3 weeks in advance.
Can I just clarify that since your ESA payments stopped you haven't been advised to claim any other benefit  like Universal Credit?

poppy123456

For the Tribunal what you need to concentrate on is the reasons for not attending the assessment and not your reasons for not being able to work. Did you get help with the Mandatory Reconsideration? The Tribunal process can take several months, depending on the backlog in your area. As Ripples says, what other benefits have you been advised to claim? They won't reinstate your ESA while waiting for your Tribunal.

Charleyb

No I have asked for advice but got none what should I do now then and yes I do have problems often with my post

keira

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

1. Notification that can lead to a sanction for failure to comply does not take effect unless and until it is received.
2. The notion of good reason does not allow a person who was not aware of a letter of notification to be made subject to a sanction.

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

Charleyb

Can anyone please help me I have been without money since esa stopped my benefit I did ask many advisers for help as I have been in the support group since July 2013 and was lead to believe that it was for an indefinite period my condition has got much worse and I am still unable to manage life by myself. I really don’t know what I should do for money to survive as it’s affecting me dramatically as I need my medication and have no money to pay for it please help.

poppy123456

Hi,

When were you found fit for work? You have 28 days to request the Mandatory Reconsideration (MR) you will need to put it in writing what you disagree with and state which you group think you should be in and why.

In the meantime you'll need to check if your area is a full Universal credit area, if it is then it's this you'll have to claim and not JSA. Check here. http://ucpostcode.entitledto.co.uk/ucdate

If it's a full UC area and you claim UC then you won't be able to go back onto ESA. If not then your only option is JSA with a fit note for an extended 13 week period while you wait for your MR decision.

You really should speak to your local CAB or other disability advice centre for further help with all of this.

If you claim housing benefit then speak to your local council about filling in a nil income form, then your housing benefit will continue.

Ripples

@Charleyb ESA is an ongoing award rather than an indefinite one. Unless you are in a category of excepted conditions such as Huntingdon's disease and have been informed that you will not need to be assessed again you and anyone else can be called in for assessment at any time.
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.

Alexleonardo

I ask for Mandatory Reconsiderations about  ESA claim and back Payment the 13 week . More like two months don’t send me any leter about the mandatory reconstruction.

Charleyb

I am a disabled person who is unable to go to actively seek work as my mobility is very limited I am also suffering chronic pain in my upper and lower limbs and it’s getting worse and worse so that’s why I have not been to claim either UC or JSA. I’m at my wits end I really don’t know what else to do 

Ripples

@Charleyb Universal Credit  and JSA  is claimed online  https://www.understandinguniversalcredit.gov.uk/new-to-universal-credit/making-your-claim/

Charleyb

@ripples I have tried to make a claim for UC but I am unable to go to actively seek work as my disability affects my mobility. So I now have to go back and forth to get sick notes I have got a tribunal date next month I just can not wait any longer for money had to claim UC I just hope I have done the right thing.

poppy123456

Once you claim UC you won't be able to go back onto ESA. If the Tribunal place you into one of the groups for your ESA then UC should honour this and place you in the equivalent UC group but this isn't always the case.

You will also have an assessment for UC which will be the same as it was for ESA and you'll eventually be sent a UC50 form. You'll have a face 2 face assessment after that.

As you have your Tribunal date next month then it would have been much better for you if you had waited until that decision is made.

WeepingWillow

@Charleyb I appreciate  that sometimes you are left with Hobson's choice. When you are without income you are left without alternative.
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.

Charleyb

@WeepingWillow hi thank you for your comment it seems that UC can not verify who I am so I have to reclaim so I am just gonna leave it and hope I win my case at the tribunal. I have been struggling to get by my life is upside down feel so depressed which is affecting my illness making life almost unbearable 

poppy123456

When you claim UC online you are then given an appointment at your local job centre to take you ID in so they know who you are. Is this the problem you're having?

Charleyb

@poppy123456 yes this is the problem I am having

Charleyb

I was found fit for work at my assessment I have asked for a mandatory reconsideration so am I intitled to the basic rate of esa if so what do I have to do

poppy123456

Charleyb said:

I was found fit for work at my assessment I have asked for a mandatory reconsideration so am I intitled to the basic rate of esa if so what do I have to do

Hi,

Having just re-read the thread i see you were found fit for work for failing to attend the assessment, is this correct? If so then i'm afraid you won't be able to go back onto assessment rate of ESA while you wait for the Tribunal. The Tribunal is because you were found fit for work for failing to attend.

Also have you claimed universal credit?

Charleyb

No I went to my assessment and they gave me no points so found me fit for work I sent the mr letter recorded delivery on 25/01/2019 and I still have not got any response I then went to the local job centre and gave them the copy of the letter I had sent to them this was on the 7/02/2019 and they told me not to worry they said they would send it to mandatory reconsideration I am still waiting for the answer and once again I am left without any money could you please tell me where I can get help and advice with this situation 

Charleyb

I won my appeal for when I never attended the assessment they failed me on. This is for a assessment that I did attend they found me fit for work but there is no way in this world I am in any way fit for work I am heavily medicated which makes me feel so drowsy and drained I am in constant pain they refuse to acknowledge how sick I am my g.p keeps telling them that I must not work and my last operation did not go well two years later and it still has not fused I just need them to send back my mandatory reconsideration answer so I can get my appeal put in progress

poppy123456

Hi,

I'm afraid there's no time scales for MR decisions. Sometimes it takes a couple of weeks and other times it can take 8 weeks or more. There's nothing you can do about the ESA until the MR decision's been made. Once that's made, if the decision remains the same and most do then you can request the Tribunal within 1 month. Once the Tribunal accept your appeal you can go back onto assessment rate for ESA but you'll need sick notes from your GP and they will need to be backdated.

The only other option is to claim UC.

CockneyRebel

Do you claim PIP ?