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 

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.

shell73

I rang them this morning and asked for a reconsideration over the phone I read the links you sent and thought about which group I think I should be placed in and which discriptor I think I should of got points for I got 9points for not being able to cope on my own /go out without being with another person for support yet they are saying I'm fit enough for work I asked him does that mean I have to take my mum with me it contradicts it's self also other points in which I thought I should be awarded but when I said this to him he said this to him and that I receive enhanced mobility he said can I just put you on hold then came back on and said we will let you know by 18th Jan so I think that sounds promising .

poppy123456

You really should put your request in writing like i advised. It will be very easy for DWP to turn around and say you didn't request the MR. Putting it in writing will mean you have proof that you asked for it.

For entry into the Support Group for mobilising they will take into consideration your ability to use a self propel wheelchair, so you need to think about that too.

Only 18% of MR decisions are successful so the chances of the decision changing for you at this stage are very slim, most people have to take it to Tribunal.

shell73

I can't go back on it now can I now I was just upset and couldn't get anyone to help with a letter and I just did it on impulse but he sounded like he agreed with me and put me on hold then said you have 9points which is good and he will send it for a decision so I hope it's not a mistake on my behalf and I don't have to start the awful process of appealing thank you 

poppy123456

It's not a mistake that you've requested the MR this way, it's just not the best way to request it. The person you spoke to is a just a DWP adviser and most likely doesn't know a thing about the ESA groups as they mostly read from a screen.

Being placed into the Support Group isn't about scoring points, this is the WRAG. For the Support Group you need to satisfy at least one of the support group descriptors.

I'd still advise you to put your request in writing, stating which group you think you should be put into and your reasons why. Include the evidence you have to support your claim with the letter.

If the MR decision remains the same, providing you haven't started a claim for UC once the Tribunal accept your appeal you can go back onto assessment rate for ESA. You'll need sick notes from your GP and they will need to be backdated from the date you were found fit for work if you want to backdated all the money.

shell73

The dwp have a sick not which last till 31st of February I sent in just before the decision so will that not cover it .
Thanks

poppy123456

Most likely yes but you may have to remind them that you sent it, when the time comes.

shell73

Ok thank you for your help ,

shell73

You was right the decision remained the same so I'm going to appeal it but this time go somewhere to help me .may I ask for a little information I haven't made a claim for UC so will and when will my payments for ESA restart do I ring them to tell them I have not claimed anything or does it automatically restart at assessment rate or is it if they allow the appeal thanks 

poppy123456

Yes, they mostly do.

First you need to request the Tribunal by filling out the SSCS1 form and make sure you send the MR decision letter with the form, otherwise they will refuse your request. Once the Tribunal have accepted your appeal then you can go back onto assessment rate for ESA but you'll need to ring DWP, it doesn't automatically re-start.

poppy123456

http://dls.org.uk/wp-content/uploads/2016/12/Appealing-ESA-decisions-large-print.pdf

https://www.gov.uk/government/publications/appeal-a-social-security-benefits-decision-form-sscs1

shell73

Thank you I have posted the appeal form of today we'll I say I have but a gentleman from my local disability advice centre filled it in for me and he's posting it so I will ring them in about two weeks and ask if they can restart my ESA thanks for good information it's been really helpful ,

poppy123456

No problem. You won't be able to go back onto assessment rate for ESA until the Tribunal have accepted you request, this could take longer than 2 weeks.

shell73

I'm sorry to be a nuisance but how long would you say to wait then ring them thanks

poppy123456

Once the Tribunal have accepted your appeal, your ESA should automatically re-start but this process can take a while, i have no idea how long exactly.

If your ESA doesn't start in a month then ring DWP and give them your reference number that you'll receive from the Tribunal. You should hear back from HMCTS by then. Assessment rate ESA is £73.10 per week and will be back dated to the date it stopped. You'll need to send sick notes to cover this and continue to send them.

shell73

Ok thank you 

shell73

I have received the letter from hmcts so it's been pretty quick I only sent it Monday so I'm going to ring ESA tomorrow glad it's been quick cause I don't know how I would of survived to be truthful just glad I didn't have to claim UC 

poppy123456

HMCTS are usually quite quick responding to the request. DWP should know that you've requested the Tribunal when you ring tomorrow. If they don't then give them your Tribunal reference number when you ask to be put back onto assessment rate. Also make sure you ask for your money to be back dated to the date it stopped, the last sick note you sent should cover you for this. If they ask for a sick note then tell them the last one you gave was dated to X a date., whichever date that was.

Were you claiming the severe disability premium in with your ESA? I can't remember if you were. If you were then this is also paid on assessment rate.

shell73

No I had just applied for it as didn't know I could get it and they said they needed prove I lived by myself but week later my ESA stopped so I am going to also ask about the sdp as I have a council tax award which says single supplement cause that's what ESA had asked me for but then this happened so I will see if they backdate it .

poppy123456

It will be backdated to the day your qualified. Don't let them tell you that it's not awarded on assessment rate because that's not correct. SDP is payable on any rate of ESA.

shell73

Ok thank you for your help I will let you know what happens thanks 

poppy123456

No problem.

shell73

Haven't been paid anything yet everytime I ring them it's still being dealt with cause I'm owed back pay that's the reason they have given me and they have to make sure I haven't had esa stopped in the past I'm just lucky my daughter lives across road and parents live close by otherwise I'd be in trouble with bills ect they said they are only just looking at 14th January and mines 24 th it's been 6weeks now without any money .