Employment and Support Allowance (ESA)
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What happens now ?

hi guys, not very good at this but here goes..... November 2016 had Health Assesment for ESA 50 . January 2017 heard I didn’t have enough points only got 9.  So original esa claim ended, and I had to apply for Universal Credit. Going from fortnightly payments to 6 weeks living hell with nothing to then once a month payment with no disability element even though I had to start going to my doctors for fit notes and supplying them. I done my mandatory reconsideration which took a week to actually write to hearing nothing . I kept going to my doctors getting fit notes, Heard nothing from esa, rang them up they said it can be an awfully long wait before I hear anything. November 2017 still not heard so contacted ESA again, this time I was told my file is there but has not been looked into or actioned, but now they will and I will receive a decision within 2 weeks. December 2017, got a letter to say they were not changing there decision, so I could ask for a tribunal. January 2018 sent off my papers and received a reply that they will be in contact with me. Finally after waiting another 40 weeks so In total by now it’s all been 90 weeks since my ESA had been stopped , I went to the hearing with nearly 2 yrs of fit notes, letters from my doctor etc. The stress and anxiety was crippling, I didn’t want to go on the day, but I pushed myself to go and won the tribunal , with the judge who was so nice, I didn’t know what I was stressing over - awarding me with more points and classed as support, I’ve let the universal credit know I won my my appeal , but I don’t know what happens now..... Any advice would be great,  thanks

Replies

  • poppy123456poppy123456 Member Posts: 22,903 Disability Gamechanger
    edited November 2018
    Great news, well done. You'll be back paid all the money they owe you with the difference between UC and ESA Support Group, providing DWP don't decide to request the statement of reason and find an error in law and decide to appeal the decision.

    Have you had an assessment for UC LCWRA and have you filled out the UC50 form? You should have received this a long time ago.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
  • pinkiespinkies Member Posts: 5 Listener
    Hello Poppy, thanks for reply it’s very much appreciated... No I haven’t had a UC LCWRA nor have I seen a UC 50.

    The judge at the hearing said no more Assessments for at least 2 years and wrote that on the decision notice.  In schedule 2 & 3 of the ESA regulations she said apply to my case.  I am now worrying I am not going to have a UC claim and my rent will be stopped again.  I feel like I’m in limbo, I don’t know what to do for the best. 
  • poppy123456poppy123456 Member Posts: 22,903 Disability Gamechanger
    You should have been sent a UC50 form a long time ago, your work coach should have referred you.

    DWP might honour the ESA award and place you in the relevant group for UC which is LCWRA... but as the decision was for ESA and not UC that doesn't stop DWP assessing you again for UC, which should have happened before now.
    Proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice I have given to members here on the community.
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