Employment and Support Allowance (ESA)
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Just failed my ESA.

Got the letter saying my payments would immediately stop. This is terrifying as I dont know when Ill next get paid. I was on the support group. I'll send of a mandatory decision Thursday. When do you think I could be before an appeals panel? I'll have to apply for universal credit as I'm in that area. If I win the claim eventually will it be backdated? Thanks and what do I do if I need a payment Thursday if that's even possible. Like an emergency loan. So worried. This happened before with pip and I got infront of an appeal and was awarded the money. But it took like 7 months. 

Replies

  • debsidoodebsidoo Member Posts: 327 Pioneering
    Hi @Jimmy85
    If you apply for Universal Credit straight away.You May like to read this article.
    https://www.gov.uk/universal-credit/get-an-advance-first-payment
    It tells you how to apply for an advance if you have no money to live on before your claim is sorted.
       Debsidoo.x
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Hi,

    The first step to an appeal is a mandatory reconsideration (MR) and you have 28 days to request this. You should be the request in writing stating what you disagree with and why you think you should be placed into the support group. Knowing why you were previously in there will help at this point. If the MR fails and most do then Tribunal is the next step. 

    If you apply for Universal credit then you won't be able to go back onto ESA, even if you win the MR or Tribunal. There's a 6 week wait for universal credit payments to start after you apply online, you can get an advance payment yes but this has to be repaid and the payments can be fairly high, which will leave you with less month per month. Housing benefit is included in UC if you claim this. If you apply for UC and claim housing benefit you'll need to contact your landlord to tell them about your UC claim and you won't be able to pay your rent for 6 weeks. 


    If the MR decision remains the same and most do then when the Tribunal accept your appeal after you've sent the form off, you can then go back onto assessment rate for ESA IF you haven't applied for UC. The better option here maybe to wait until the MR decision. Applying for UC you'll be without money anyway so the wait is unavoidable. I'd advise you to get further advise regarding this and help with the MR/Tribunal stages. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy85Jimmy85 Member Posts: 6 Listener
    Thanks for responses guys. Seems some helpful stuff. I'm a little jaded right now but I'll read again later. Thanks again. 
  • Jimmy85Jimmy85 Member Posts: 6 Listener
    When I apply for a tribunal I can still get esa whilst I'm waiting? Hope I've not got that wrong. Yeah I'll look on this forum before I send off for uc. 
  • [Deleted User][Deleted User] Posts: 273 Pioneering
    Hi Jimmy85

    Poppy123456 is exactly right. You won't get ESA of any kind whilst you are going through the mandatory reconsideration, but once your appeal has been accepted by the Tribunal Service, then you can be paid ESA at the assessment rate again. 

    If you have housing benefit, contact the council about this, as this can carry on all the way through from now - though you will need to give the council bank statements to show them that you have ao other income.

    Get some local advice if at all possible. Get back to us here if not, or call the Scope helpline 0808 800 3333. 

    Gill_Scope
  • Jimmy85Jimmy85 Member Posts: 6 Listener
    The only issue with getting esa whilst appealing and waiting for tribunal is I failed pip In the past . It says on the dwp website if you've been found fit to work in the past you won't be able to get esa whilst waiting for tribunal although tbf I've never failed on esa before. I guess it's best to ring them. I hope they'll be quick with my mandatory second thing. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    PIP and ESA are totally different and being refused PIP won't affect any ESA claim. You will be able to go back onto assessment rate for ESA once the Tribunal have accepted your appeal, if it gets this far. If you apply for UC then you won't be able to do this.

    For your housing benefit then you'll need to speak to your local council and fill out a nil income form. Good luck with the MR. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy85Jimmy85 Member Posts: 6 Listener
    Thanks poppy. So uc would be a step back in regards for esa or do they not even pay that? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    If It was me I certainly wouldn't start a claim for UC, i'd hold on for the MR decision and see what happens. You'll have a wait of 6 weeks for your money anyway if you apply for UC. 
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy85Jimmy85 Member Posts: 6 Listener
    OK I'm gonna do what you said poppy. My only concern is I wait that time and then they refuse to pay esa whilst I'm waiting for tribunal. Sorry to be pessimistic its just I'm worried. Thanks so much for help tho. Really hope I get a second answer fast. What's the usual eta? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    They won't refuse to pay you assessment rate for ESA unless you were found fit for work for failing to attend an assessment or if this wasn't the first time you've been found fit for work. See this link.
    http://www.cpag.org.uk/content/ask-cpag-online-can-you-get-esa-while-you-are-challenging-decision

    There's no decision times for MR but hopefully not too long. I would still advise you to get help with this process. 

    Support group descriptors here. https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    reg 35 here.
    http://www.cpag.org.uk/content/making-exception



    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    This is me. Had to set up new account. Still no response from esa regarding second decision. Anyway to hurry them? I know they received my document. It's getting to the point I think I'll just do uc as I'm concerned with paying council tax and spare bedroom fee. Thanks for any advice. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Jimmy1985 said:
    This is me. Had to set up new account. Still no response from esa regarding second decision. Anyway to hurry them? I know they received my document. It's getting to the point I think I'll just do uc as I'm concerned with paying council tax and spare bedroom fee. Thanks for any advice. 
    Unfortunately no there's no way to hurry them. PLease do be aware that claiming UC there's at least a 6 week wait for your first payment, so it maybe worth your while hanging on for the ESA MR decision. If the decision remains the same then request the Tribunal as soon as you've got the MR decision letter.

    I would speak to your local council about the extra payment for the bedroom tax. Housing benefit can still be paid even if you're not claiming ESA, you just need to fill out a nil income form.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Did you put your MR request in writing and have you rang DWP to ask if they've received it?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    I've received my mandatory reconsider thing last week. Sent all that stuff of to the tribunal place. Rang them today to which they said they had received my appapplicat for a tribtrib hearing. So I guess its close to the point social security will start paying me basic esa. I hope I've done things right. Will they backdate me any money as I'm very hard up with all this going on.  Also I read online you need doctors notes to get basic esa pay whilst waiting for tribunal. I didn't realise that? I haven't got any since i got the letter saying I've failed esa. Will they still pay me? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Once the Tribunal accept your appeal and you have your reference number then you'll be able to go back onto assessment rate for ESA. Yes, fit/sick notes will be needed. If you haven't been claiming any other benefits while waiting for the Tribunal then if you want your ESA backdated then you'll need your fit/sick note to be backdated to the date you want it back dated to. So if this is the date you were found fit for work then the fit note needs to be backdated from this date. If it's not backdated then they won't be able to backdate your money. You'll be paid assessment rate of £73.10 if it's a single claim and you're over the age of 25.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    Thanks. I was in the support group so haven't needed a sick note for a long time. I've seen the gps in regards to presprescrips in recerecrec months. Perhaps they will backdate it. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    As you were found fit for work then you will need those fit notes. I'd advise an appointment to see your GP as soon as possible and ask if he/she can backdate it to when your ESA stopped.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    If I don't get them backdated but get them going forward do you think they will pay me say from this week if thatstl the date of the sicknotes? 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    edited October 2018
    They will pay you from when the fit notes are dated from yes but you'll need your Tribunal reference number.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    Thanks.from what you gather how lenient are doctdoc with backdated sicknotes? I think they might undeunders the situation. Dwp make it hard to know all the stuff. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I really can't answer that question for you, as it depends on the GP. You will need to speak to your GP and tell him/her what's happened. They will either agree or not to backdating it. Good luck.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    Thanks poppy. I think in a few months after Christmas things will be allot easier. 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Good luck! Be prepared for a long wait as some areas there's a backlog of 1 year for Tribunal hearing dates. I'm assuming you're appearing in person as this will give you the best chance of a decision in your favour.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Firefly123Firefly123 Member Posts: 525 Pioneering
    I have to get back dated sick notes for my son my Dr was fine I just explained the situation and he had been seeing the mental health nurse so would definitely ask 
    Jimmy1985 said:
    Thanks.from what you gather how lenient are doctdoc with backdated sicknotes? I think they might undeunders the situation. Dwp make it hard to know all the stuff. 

     at that time 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    Yes indeed, some will agree but some won't. It depends on the GP.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    Ok so i got the sicknotes backdated . I sent them of to the dwp place along with tribunal ref number and my details . Is that all i need to do? 
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    Sent them yesterday 
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    That's it. I'm assuming you added a covering letter and added your NI number to everything you sent?
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Jimmy1985Jimmy1985 Member Posts: 9 Listener
    I wrote a letter about the situation and included my ni number but didn't write it on the doctors note. How long will it take to receive payment now poppy do you think?  
  • poppy123456poppy123456 Member Posts: 22,218 Disability Gamechanger
    I have no idea how long, sorry. Give it to the end of next week, then ring them.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
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