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Failed ESA assessment

shell73

I got a telephone call today telling me I only scored 9points for WCA and I'll have to claim universal credit
I have been on contribution esa since February this year and went at the beginning of the month dec for assessment they said I can ask for a Mr but in the meantime claim universal credit I don't know what to do can I not claim esa whilst waiting for reconsideration
Thanks

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shell73

I also sent a sick note to them which last till march

poppy123456

Hi,

Your next step is to request the MR in writing, stating what you disagree with and which group you think you should be placed into and your reasons why. Take a look at the descriptors for both groups before writing the MR.

Were you previously in a group or on assessment rate? If you were in a group knowing the reasons you were in there will help because if those reasons still apply then you'll be able to based the MR request on those reasons.

You won't be able to claim ESA while waiting for the MR decision, i'm afraid. If you claim UC then you won't be able to go back onto ESA. If the MR decision remains the same and most do then you'll be able to go back onto assessment rate for ESA once the Tribunal accept your appeal. This process can take several weeks but if you claim UC then there's at least a 5 week wait for your first payment anyway.

Do you rent your home? If so then because you've been found fit for work then your housing benefit will also stop. If you decide not to claim UC then contact your local council and ask to fill out the nil income form.

Getting some help with the ESA MR/Tribunal process is advised.

shell73

I was on contribution esa and I will have to wait for letter to put a Mr in won't I ?

poppy123456

shell73 said:

I was on contribution esa and I will have to wait for letter to put a Mr in won't I ?

Which group were in you in, WRAG, Support Group or assessment rate? As the decision has been made you can start to write the letter of request, you have 1 month from the date of the decision to request the MR. Your ESA will stop from the date the decision was made. Descriptors for both groups in the following links.

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors

https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors

Reg 29/35 here

http://www.cpag.org.uk/content/making-exception

shell73

It was assessment rate I had been on it since 1st of February just been for the wca in November was expecting to get some Extra money of them as I just won my appeal for pip the week before the assessment as been struggling for 11months on assessment rate so was shocked when they rang and said it had stopped ,

poppy123456

Claiming PIP doesn't automatically entitle you to limited capability for work. Take a look at the links i posted to see which group you think you should be placed into, then base the MR request letter on that.

poppy123456

May i ask what PIP award you have? and do you live alone or classed as living alone?

shell73

I have standered care and enhanced mobility and yes I live alone

poppy123456

As you live alone then you will be owed some money, even though your ESA has stopped. You would have been entitled to the Severe disability premium of £64.30 extra per week on top of your ESA. This is paid even when you're on assessment rate, if you qualify.

Are you being paid your PIP payments yet? If so then you need to ring ESA and ask to apply for the SDP, this is back dated to the start of your PIP award and they will owe you this money from then to when you were found fit for work.

Claiming this backdated money will help you while you request the MR and will hopefully mean that you won't have to apply for UC. If you apply for UC as i said, you won't be able to go back onto ESA and the SDP isn't paid on UC. If you get to Tribunal stage and most do then you'll be able to go back onto assessment rate (with sick notes) and then you'll be able to re-claim the SDP on top of the ESA again. The form you need to fill in is the IS10.

poppy123456

Another question, sorry. Do you claim Enhanced mobility for moving around part or following and planning a journey?

shell73

Both parts I scored 18 for mobility and yes I filled the form for spd as soon as I received my first pip payment

shell73

I received the letter this morning saying she has superseded my claim for ESA from 01/04/18 till 27/12/18 and I scored 9points on coping and getting about on my own
Does the dates mean that I won't get any money for the spd for the period I should of been getting it

poppy123456

You were found fit for work so your ESA will stop from the 27th Dec. Were you already claiming the SDP? (not SPD) if so then yes this will also stop because you no longer claim ESA. If you weren't claiming it and you applied then you'll be paid the money you're owed backdated to when you qualified.

shell73

Ok and thank you the letter says the HCP awarded zero points on all of the assessment it was the desision maker who awarded the 9points I will get help with the mr letter do you think I should use the reason iwas awarded mobility for pip or is the mobility component for ESA different because I scored zero with the hcp but 18 with the pip assessment sorry to be a nuisance
Thanks

poppy123456

Which part of the mobility PIP did you score the points in?

shell73

Both parts planning and following a journey and moving around

shell73

10 points for planning and following a journey and 8for moving around

poppy123456

It's possible that you could use the PIP award as evidence because one of the descriptors for ESA is mobilising no more than 50 metres. However, they will take into consideration using a self propel wheelchair so you'll need to consider that too.

It's extremely difficult to advise anything further on an internet forum so i'd urge you to get face to face advice. Also take a look at the links i posted in an earlier comment.

shell73

Yes I will do thakyou for your help

poppy123456

No problem, good luck.

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