Won my appeal, but payment hasn't been reinstated. Is there anything I can do?

HayzB4

When my ESA was stopped which it shouldn’t of been so I appealed and won my appeal in 2018 It still haven’t been reinstated when I called them they said the court  letter wasn’t worth the paper it’s written on also I was told just because I won the appeal they don’t have to reinstate it as it’s what they advise has anyone else been through this? Is there anything I can do about it? I have rent arrears and council tax arrears because of it I’m so stressed out about all of it don’t know what to do next?? Thank you if you can help me x

HayzB4

Hi I’ve had terrible problems with DWP I was on esa I went to 3 medicals and there wasn’t a doctor qualified enough to see me missed 4th medical then they stopped my esa which is been on for at least 10 years I didn’t know that it was stopped so had no money for nearly 11 weeks I had a home visit from DWP they done forms online I wasn’t told much just to get money straight away I’d have have UC until my appeal was sorted. I’m severely disabled and very ill with incurable diseases I had a terrible car accident in 2005 which left me with very serious issues and not able to work since. I won my appeal in 2018 but esa has never been reinstated I have phoned many times and they have fobbed me off been very rude and also said the letter from appeal wasn’t worth paper it’s written on. Is this right? I now have rent arrears and council tax arrears I was never told I had to pay £440 out of UC which was only £640 once a month I’m still trying to understand and still calling them but they are not helpful I have dementia and they said I’ve told you 3 times already I won’t say it again. I’m very hurt by the treatment I’ve received from them please help

HayzB4

I had a 5th medical New Year’s Day the doctor was horrified that they had made me go through that after he’d read my medical files

SueHeath

Morning @HayzB4 welcome to the group i am sure some of the others will greet you soon when they come on line. A few of us pop in and out of the group during the day.

Sorry i am not able to help you with your problem, i am sure someone will from this helpful group.
Hang in there as Teddybear said she's brought your thread up to get more noticed.

Good Luck

calcotti

To be clear. Are you saying you were awarded ESA in 2018 by have never been paid? If that is correct and you have had no response chasing DWP then approaching your MP’s office is probably your best option.

What type of ESA was it? Are you claiming any other benefits?

Adrian_Scope

Hello @HayzB4. I was just reading your other post and wondered if the appeal was for missing your assessment or because you were found fit for work?

With your Universal Credit, are you receiving all the elements you're entitled to? Do you just have standard allowance and housing on your claim or LCWRA as well?

HayzB4

Hi how’s you? They stopped esa for missing 4th assessment didn’t matter that I went to the first 3 I couldn’t be seen as they didn’t have a doctor qualified to see me so I appealed and won.  I get the disability etc with UC . 

HayzB4

I had a terrible car accident in 2005 and been severely disabled since then I’ve deteriorated a lot and been diagnosed with many health and medical issues also mental health problems over the years 

poppy123456

If you were found fit for work for failing to attend then the Tribunal would have been for this reason. What was the decision of the Tribunal in 2018?

Can you tell us exactly what elements you receive for UC. Standard element, Housing element and LCWRA element? It's difficult to advise without all the information.

Sue_Alumni

Good morning,

I’ve just been reading the posts of the other community members and I’m sorry that you have had such a stressful time.  Could you let me know that my understanding of what has happened is as follows? -

1.      Your ESA stopped in 2018 because you failed to attend a health assessment. You challenged this decision and either the DWP Decision Maker or the Tribunal agreed with you that this decision was not correct.

2.     When your ESA stopped in 2018 did you apply for Universal Credit? Did the DWP tell you that you had to claim UC to get some money coming in and to get your housing costs paid.  This advice was not entirely correct but at the end of the day you may have felt you had no choice but to claim UC.

3.     Making a claim for UC immediately terminates your ESA claim and, in most cases, your Housing Benefit claim. You should have been paid ESA from the date your ESA stopped until the date of your UC claim. Did this happen ?

4.     You say you are getting UC and the disability element – do you mean the LCWRA element?

5.     When you claim UC usually people need to claim a Housing Costs Element to go towards paying their rent.  Was this explained to you, and did you do this?  In some circumstances, for example, if your accommodation is temporary accommodation, you must still claim Housing Benefit.    

6.     Council tax support is not a social security benefit, and it sounds as if this stopped when your Housing Benefit claim stopped.  Have you not received any Council Tax support since 2018? Did you know that you had to contact your council to claim this?

It is really concerning that it appears that you weren’t given the help you needed when you made your UC claim. So the community can help you with your enquiry can you share with us the information referred to above and the date you claimed UC.

Sue

HayzB4

Hello thank you for responding to my problems. Right here we go with answering your questions. 1, yes, I did attend the first 3 medicals they didn’t have a dr qualified to see me all 3 times. I missed the 4th appointment due to being burgled and beaten up by the men. I wasn’t informed my ESA was stopped I had no money for 9 weeks I lost over 2st in weight. I appealed and won and received a letter from the court I was so happy and relieved. 

2, a woman from DWP came to my house and said about UC she done everything I didn’t see a form or anything and I was told it’ll only be until I got the decision about ESA. I wasn’t told I had to pay my rent out of UC £640 a month was all I received from them so didn’t think I had to pay my rent out of it my rent  was £444 every 4 weeks. I wasn’t told housing and council tax benefits were stopped. Nothing was explained to me I was told if I won my appeal I’d have ESA back.
3, no it didn’t happen yet UC said they had paid it my housing said it hadn’t even when I proved it was being paid the rent arrears just went up it started at £2,400 I paid £800 straight away and been paying £50 a month since 2018 for rent arrears that I should even have. They are evicting me 13/6/22 for rent arrears they are saying I still owe £1500 they took me to court to be evicted and now I have to pay their legal fees £5500.
4,I wasn’t getting the LCWRA at all from UC since 2018 I was told to send them an email and the woman from Financial department sent me the email with it all on to forward to UC now waiting to hear if I will get it backdated as I’m entitled to it I’ve been on high rate DLA and now high rate PIP since my accident 2005.
5, nothing was explained to me and that I’d have to pay £444 rent every 4 weeks my UC benefit was £640 a month it left me £30 a week to live on my electric is £15 a week I have two dogs I had no food or anything for a very long time during this.
6, I haven’t received  anything or told anything about that so no I’ve not had help since 2018.
my housing are not going to rehouse me so I’m hopeful the council will but what about my dogs my furniture my belongings? My dogs are the only reason I’m still alive I can not lose them how am I supposed to pack my house up I’m not mentally or physically able to do it I have extensive small vessel disease on my brain I can not cope with bad things I shut down and hide. I have high court bailiff coming here 13th June 10:30 am to evicted me im hoping and trying to be out of here before they come here. Don’t no what I’m going to do about any of it it’s really confused me how this has happened when it’s not my fault why this has happened with the eviction. Hope you can help me thank you x

poppy123456

It sounds like to me that your UC included the standard element and the LCWRA element but it didn't include the housing element, which is help with your rent.

UC is one payment, with various elements. Was there any reason why you didn't tell them about your rent?

You can try ringing shelter and ask them for advice regarding your eviction. https://www.shelter.org.uk/

You can also ring Scope helpline on 0808 800 3333. It's often better to have advice over the telephone than it is by text typing like this, providing you're able to speak on the phone of course.

If your local Authority  rehouse you it's likely to be in temporary housing.