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Esa backdated income related and premiums

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  • scraggs
    scraggs Community member Posts: 76 Courageous
    Hi there I have been on ESA contribution based since 2011 before that incapacity benefit ( ESA is support group due to me having primary progressive ms ) my question is they have called me for a ftf medical is this a ploy to stop my benefit and say I'm fit for work to avoid paying the money they may owe me ? Anyone else in this position ( got letter in June from DWP saying I'm in support group contribution based ??? Any ideas ? 
  • angel137
    angel137 Community member Posts: 51 Courageous
    @scraggs

    When was your last ESA review? It depends on what they put on the decision letter. Were you due to be reviewed at this time?  If not, then you can ask why they've brought the review forward. 
    Regarding possible arrears from ESA premiums, if you qualified for them up to now, then you are owed backdated benefits, regardless of future claims. 
    Also, if your condition has been long term and it is progressive, then perhaps you might ask to be placed in the "no need to be reviewed" category, as they are starting to do this for very long term claimants where there is little /no chance of improvement. Insist on it! Putting people like yourself through this, over and over again, is completely unnecessary. 
    As for your other comments,  unfortunately, I wouldn't put it past them! 
    If they do try to stop your benefit, you know you will win at MR stage or appeal. :)
  • scraggs
    scraggs Community member Posts: 76 Courageous
    I had review about 4 years ago :-( I'm suffering panic attacks and depression seeing a counselor :-( this is all deteriorating my health :-( thankyou for your reply makes me feel a little better as trying to cope with all this alone :-( however sent a three page imaging of my brain MRI also a disc that you put in computer and still they badger me and I'm not coping very well with all the hassle of it all completely scared to go and face this medical :+( what part of I am I'll and not going to get better don't they understand !!! But if they stop my benefit and found fit for work I have not a clue how to fight it and not got to the strength to fight it :-( I think they are just trying to get out of paying what I should have been entitled to to be honest, just wish they would leave me alone :-( but thankyou with your reply its been helpful :-)
  • scraggs
    scraggs Community member Posts: 76 Courageous
    But I had a letter from them dated in June saying I'm still in support group contribution based and then 4 weeks after got a ftf assessment ?? 
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Just told them of change of address ? Never been asked to go ftf ever :-(
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Hi,

    They can re-assess you at anytime for ESA. As your last assessment was 4 years ago then that's 1 year over the time, so a re-assessment is due. They aren't trying to get out of paying you any backdated money owed. If they owe someone money because of this error then they will pay even if found fit for work.

    You will need to fill out the form and return it with your evidence no later than the date stated on the letter.

    As angel has said there's new rules out now for those in the Support Group, after this re-assessment it's possible that you'll be put into the no review group and will be awarded ESA indefinitely. Not everyone in the Support Group will be awarded this but it's certainly possible.

    Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Thankyou poppy its so terrible what disabled people have to endure :-( xx
  • angel137
    angel137 Community member Posts: 51 Courageous
    @scraggs

    Bring someone with you for your face to face. A family member or a partner or a close friend, who knows how your condition(s) affect you, is best. 
    Go over your application and remind yourself of all the different categories on the ESA form b4 the f2f.
    It feels like they are badgering you because it is having a negative effect on your health -but this is a normal review. The same thing happened with me-my health worsened going through this.
    As I stated before, if you have been on long-term incapacity and then ESA support group, for years, and you are not going to improve, you should contact them and tell them that you should be in the "long term sick no need for review" category. It was put into place for people just like you.  Not sure when it comes into effect. About now, I think. Enquire about this. 
    You qualify for this and you will get it, even if you have to go to MR or appeal. If you haven't had to do this before, there's no reason to assume you'll have to do it this time. If you do need to do this in future, there are plenty of guides/ online websites that can take you through it, step by step.

    Peace out ✌
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Thankyou feel like there is some light at the end of the tunnel :-) had more advice on here than I have ever had from anyone XXX thankyou so much ( by the way I go to ftf on 26th sept ! Fingers crossed x just one question do you think I should write to DWP ESA dept and quote long term sick no need for review? 
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    The severe conditions if they apply will be after this next assessment. You will need to fill in the form and return it but there's no harm in asking to be placed into the severe conditions group. I was always told, if you don't ask you don't get.

    The ESA50 form comes straight from the health assessment providers and not DWP, likewise when you return it, it's sent straight back to them and not DWP.


    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    scraggs said:
    ( by the way I go to ftf on 26th sept !
    You've already filled in and returned the form?
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Yes I have :-(
  • scraggs
    scraggs Community member Posts: 76 Courageous
    But still they not satisfied sent scan images also computer disc of my brain scans :-( 
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Sometimes it happens this way when they can't make a recommendation based on the evidence and information in the form. Good luck.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • angel137
    angel137 Community member Posts: 51 Courageous
    @poppy123456

    Thanks for that link regarding "Severe conditions" criteria on the DR website. Very useful. It makes for interesting reading. According to the new criteria, you do not have to be placed in the "severe conditions" group to get a result of no further assessments, if you have a long-term illness that means you are unlikely to be able to work in the long term.  The HCP can state "no need for an assessment" for the forseeable future, from a paper based review. So you may still have to go through part of the process but may not have to have any more f2f assessments. But it looks like you will have to do the initial WCA and go through the process before being put into that group....?

    Whereas, if placed in the severe conditions category of ESA, with limited capability of work related activity,  you could be put on ESA Support for life. 

    That's how I've interpreted it. Don't quote me. I will need to read it quite a few times to really absorb it! ?
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    For re-assessments to be turned off then you need a recommendation to be placed into the severe conditions group. You can have either a face 2 face assessment or paper based assessment for this to happen. Remember the assessment report sent to the DWP is only a recommendation for the decision maker.

    LCWRA is Universal credit equivalent of  ESA Support Group.
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    How do you get a recommendation to be placed in severe conditions? Doctor? 
  • poppy123456
    poppy123456 Community member Posts: 53,357 Disability Gamechanger
    Not by a GP no. By satisfying the conditions for the criteria stated here. https://www.disabilityrightsuk.org/news/2017/october/guidance-work-capability-assessment-reassessment-published

    You will know when a decision is made and you've received the award letter, it will state it in there.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • scraggs
    scraggs Community member Posts: 76 Courageous
    Thankyou so much I feel I fit into these criteria just have to wait until my assessment is over :-) will let you know how it goes once again thankyou xx
  • jamie86
    jamie86 Community member Posts: 6 Listener
    Hi I’ve just found about this from my mum how do I know if I can backdated I am on ESA any help would be nice thank you 

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