ESA stopped today, asked to claim UC but i'm on SDP?

Netty10

I’ve just received a phone call saying i’ve Scored 0 points on my esa and told my money stops today and to claim universal credit. I can’t claim it though as i’ve Been getting the severe disability premium. Can anyone help me, I just feel like ending it all.

Antonia_Alumni

Welcome to the community @Netty10

Thank you for sharing this us, I am sorry to hear the outcome of the phone call today. 

Some of our members may be able to support you with this soon.

You are a member of our community and we appreciate you.
 
If you are having thoughts of suicide, it is important that you discuss them with someone who is qualified to help. Please call the Samaritans on 116 123 (free) or email them at [email protected]
 
You might also benefit from reading MIND’s information on how you can help yourself.
 
If you feel that you may be an immediate danger to yourself, please call 999 or go to your local hospital right away.
 

poppy123456

Hi,

Your next step is to request the MR and you have 1 month from the date of the decision to do this.

As you're claiming SDP then you can claim JSA while you wait for the MR decision. If the decision remains the same and most do then once the Tribunal accept your appeal you can go back onto assessment rate for ESA.

JSA can be claimed for 13 weeks with a fit note.

Benistmonk

Don't claim anything, ask for a MR, this might go in your favour, if not, then see your GP to get a sick note from today. Then you will be paid ESA at assessment rate pending appeal. Any money they owe you will be backdated when you win your appeal. 

poppy123456

A lot of people can't be without money for the time it takes to receive the MR decision then wait for the Tribunal to accept an appeal. As claiming JSA with a fit note is an option here then that's by far the best route.

wild_one

I'd have thought that you'd have to sign to say you are fit to look for work if you claim JSA? Asking for a MR is a test of steel, no money!

Also if you are on HB CTR make sure to let them know you are on reduced income!

Benistmonk

poppy123456 said:

A lot of people can't be without money for the time it takes to receive the MR decision then wait for the Tribunal to accept an appeal. As claiming JSA with a fit note is an option here then that's by far the best route.

What if there is no JSA? it could be UC. Making a new claim can take just as long before you will see any money and it can really screw things up when they expect you to look for work. And it gives the DWP another excuse to refuse paying ESA when you state you are fit for work. 

poppy123456

Benistmonk said:

poppy123456 said:

A lot of people can't be without money for the time it takes to receive the MR decision then wait for the Tribunal to accept an appeal. As claiming JSA with a fit note is an option here then that's by far the best route.

What if there is no JSA? it could be UC. Making a new claim can take just as long before you will see any money and it can really screw things up when they expect you to look for work. And it gives the DWP another excuse to refuse paying ESA when you state you are fit for work. 

Netty can't claim UC because they were claiming SDP. JSA can be claimed for 13 weeks with a fit note, which is why i advised it. Taking in the fit note on your 2nd appointment is the answer here.

poppy123456

wild_one said:

I'd have thought that you'd have to sign to say you are fit to look for work if you claim JSA? Asking for a MR is a test of steel, no money!

Yes you do. Then on the 2nd appointment you take in the fit note which you can do for a maximum 13 weeks.

Benistmonk

I still can't see how making a new claim is any better than waiting 2 to 6 weeks for ESA to start again. Might as well grin and bear it until the MR is sorted out. The OP is on SDP so the DM might reverse the decision. Meanwhile fill in the SSCS1 ready for posting with medical evidence and a copy of the MR which you need to make the appeal.

wild_one

Benistmonk said:

I still can't see how making a new claim is any better than waiting 2 to 6 weeks for ESA to start again. Might as well grin and bear it until the MR is sorted out. The OP is on SDP so the DM might reverse the decision. Meanwhile fill in the SSCS1 ready for posting with medical evidence and a copy of the MR which you need to make the appeal.

I thought you had to wait 3 months before you could start a fresh ESA claim?

Benistmonk

I thought it was 6 months.

wild_one

poppy123456 said:

wild_one said:

I'd have thought that you'd have to sign to say you are fit to look for work if you claim JSA? Asking for a MR is a test of steel, no money!

Yes you do. Then on the 2nd appointment you take in the fit note which you can do for a maximum 13 weeks.

Oh right what happens after 13 weeks? Do they assume you'll be on ESA assessment? Can you still claim JSA now or do they point you toward UC?

wild_one

If the MR is successful will the ESA payments will be backdated? And if so what happens if you've claimed JSA/ESA in that time?

Benistmonk

This is why I say it is best to stick with the benefit you already have, claiming benefits is a minefield as it is, why complicate it further with a new claim.

poppy123456

I'm sorry but you're both confusing the situation here for netty.

I never advised to start a new claim for ESA. You can only do this for either a completely new condition or for a significantly worsening condition anyway. There's no timescales to starting a new claim anyway because it doesn't work like that for ESA.

I advised to claim JSA with a fit note because Netty was claiming SDP with the ESA and can't claim UC. JSA can be claimed for 13 weeks maximum with a sick/fit note.

If the MR is successful then netty will go back onto ESA into the group they were placed into after the MR decision is made.

If the MR isn't successful and they request the Tribunal once the Tribunal accept the appeal then JSA can be closed and they can go back onto assessment rate for ESA with the fit/sick notes from the GP. There won't be any backdated money if they claimed JSA.

Benistmonk

Thanks Poppy. What if it is a full UC area, can you still claim JSA?

poppy123456

No problem. All areas are now a full UC area so unless you're are or were claiming SDP then you would have to claim UC and they have been since middle of December.

Please re-read the first post. Netty can't claim UC because they were claiming SDP with their ESA so they can claim JSA with a fit/sick note.

poppy123456

Break down of JSA weekly amount for Netty will be as follows... £73.10 + £35.55 (disability premium only payable with JSA) + SDP £64.30 = £172.95 per week.

Benistmonk

poppy123456 said:

Break down of JSA weekly amount for Netty will be as follows... £73.10 + £35.55 (disability premium only payable with JSA) + SDP £64.30 = £172.95 per week.

And how long will that take to come through?

poppy123456

A claim for JSA will most likely be just a couple of weeks. For the ESA there's no timescales to decisions for MR and they can take as long as they want to. Then you have to request the Tribunal and wait for them to accept that. Then go back onto assessment rate of ESA which can take at least 8 weeks but probably more. At least claiming JSA betty will have some money to live off in the meantime. Living off just the PIP/DLA can be extremely difficult. There's no reason to live like that when JSA is payable.

There's someone here on the forum that has recently been found fit for work, claims SDP and couldn't claim UC. So they are claiming JSA with a fit note, while they wait.

Netty10

Thank you for all your help. I was advised I could claim income support as I have a disabled son. I don’t get Carers for him but if I claim it I can get that instead. Was told that might be better as keep going to job centre will cause me total stress and sometimes I struggle to leave my house. Should I get sick note from doc just in case I need it. I feel sick to my stomach. 

poppy123456

Netty10 said:

Thank you for all your help. I was advised I could claim income support as I have a disabled son. I don’t get Carers for him but if I claim it I can get that instead. Was told that might be better as keep going to job centre will cause me total stress and sometimes I struggle to leave my house. Should I get sick note from doc just in case I need it. I feel sick to my stomach. 

I'm afraid you won't be able to claim Income support unless you have a child under 5 or you claim carers allowance for looking after someone.

Does your son claim daily living PIP or DLA mid/high rate care?

Netty10

Dla high rate care

Netty10

I was told to claim Carers Allowance then income support whilst my mr went through. Is that going to work out worse for me?

poppy123456

The carers allowance could be a problem. If your caring role contradicts the reasons why you were/are claiming ESA then it could go against you for the MR/Tribunal.