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Benefits taken away

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L3ona
L3ona Community member Posts: 4 Listener
edited June 2018 in Employment and Support Allowance (ESA)
Hi please can help me me and my partner split up a few months back I wish I was on the high mobility as I got a car through them now we have split up I had to go for it a ESA assessment to which this come back now I'm fit for work which I am not but they did not listen to me would they stop my disability Now and take the car back off me thanks
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  • Ripples
    Ripples Community member Posts: 189 Pioneering
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    @L3ona Which benefits are you receiving?  ESA and PIP ( or  DLA), are different benefits with different awards. If you fail an assessment for ESA this doesn't mean your other benefits will stop. You can  ask for a mandatory reconsideration if you have been turned down for ESA. Although there are a lot of guides to help you with this it may be better if you chat to someone else about it like the Citizens Advice Bureau
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  • L3ona
    L3ona Community member Posts: 4 Listener
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    @Ripples I've been high mobility and low daily living for 3 years as my ex partner was caring for me now that we have split I started claiming was and had esa assasement to which they said I'm on esa work related and not income as I'm fit for work to which I'm not. I've got the mobility car see 
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  • northwestmum2
    northwestmum2 Community member Posts: 55 Courageous
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    As far as im aware from other people on the disability& benefits website yes i think they can take it back.and they can stop disability payments if they say youre fit to work.unfortunately they dont just 'listen to you' -it happens all the time,people have been emailing disability &benefits website a lot about this! If i were you i would appeal and also go see a welfare benefits advisor for advice.they are ussualy contactable via local council.
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  • Jaytbm1
    Jaytbm1 Community member Posts: 72 Pioneering
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    I am so sorry that this has happened to you . As Norhwest mum has said they can take your car and esa from you . I would definitely appeal, maybe go to the CAB . I think you can ask for a copy of the report of your assessment and find out why you didn’t qualify. Get help ASAP . I sincerely hope you get this sorted out . 
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  • [Deleted User]
    [Deleted User] Posts: 126 Listener
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    @Gill_Scope - any advice for @L3ona ?



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  • Ripples
    Ripples Community member Posts: 189 Pioneering
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    As I understand it  your original question was that being informed you lost ESA  would you lose your other benefits and car I reiterate ESA and  DLA are different benefits and losing one doesn't mean you will lose the other without review. Your car I assume is paid through the motability scheme via your high mobility component of DLA/PIP . You are awarded DLA/PIP  for a certain period of time then you are reviewed. A change of circumstances can prompt a review but if you have not been asked to fill in another DLA/PIP  or asked to attend an assessment then your DLA  is unlikely to cease without notice.
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  • [Deleted User]
    [Deleted User] Posts: 273 Pioneering
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    Hi L3ona

    I agree with Ripples. It sounds like you have lost your ESA for now, but not your Disability Living Allowance (DLA)  or Personal Independence Payment (PIP).

    If you are looking to challenge the ESA decision, then you have to do a mandatory reconsideration first, and then, if this isn't successful, an appeal. There is informaion on our website about challenging DWP decisions. The series of short videos is about PIP, but the informaion applies equally well to ESA.

    https://www.scope.org.uk/support/disabled-people/benefits/appeals

    The grounds for challenging a decision by the DWP about ESA have to be based on the regulations. You'll find the desriptor points which form part of  these regulations and the Excepional Circumstances regulations (Regulation 29 for the first part of the work capbility assessment and Regulation 35 for the second part of that assessment), in the factsheet on this topic on the Disability Rights UK website (see below).

    https://www.disabilityrightsuk.org/work-capability-assessment

    You have to show how your situation fits in with these conditions for getting this benefit. Read the descriptors carefully to make sure that you make a good case for the points wher you are likely to score points - rather than trying to score points for all the descriptors, which you don't need to do. Do provide medical evidence if this is not obvious from the diagnosis, bearing in mind that the DWP have managed to make one or two decisions that aren't favourable so far.

    Is there a Citizens Advice or similar advice agency where you live?  Let us know if there isn't,  and we will arrange for a benefits specialist here to have a conversation with you about this.

    Best wishes

    Gill_Scope




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