ESA has been stopped, will only have my dla benefit to live of

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heathcliffe17
heathcliffe17 Online Community Member Posts: 1 Listener
edited March 2019 in Employment and Support Allowance (ESA)
I have just had a esa assement on the 27th feb letter came Saturday 9th March scored no points 3 yrs ago my last esa assement I had the same health conditions and got put in the support group on this assessment scored no points I have just had a gallbladder op to remove my gallbladder I am type 1 diabetic the lady asser who did the assessment lied about all the things I told her and just put her own words in just the opposit what I told her she didn't want to now about how I was affected with my health problems and how i coped  they have stopped my esa benefit from the 6th of March I am going to do a mandatory appeal  but will only have my dla benefit to live of until it has been sorted because I can't claim hsa because I have just had a gallbladder op

Comments

  • Sam_Alumni
    Sam_Alumni Scope alumni Posts: 7,602 Championing
    Hi @heathcliffe17
    Welcome to the community, I am sorry to hear about your troubles. Good luck with your Mandatory reconsideration, do let us know how you get on! Have you tried the Benefits Calculator to see if there is anything else you can claim?
  • BenefitsTrainingCo
    BenefitsTrainingCo Online Community Member Posts: 2,621 Trailblazing

    Hi heathcliffe17,

    There is information here about the reconsideration and appeal process - https://www.scope.org.uk/advice-and-support/appeal-dwp-benefits-decision

    The problem is that the DWP do not pay ESA during the mandatory reconsideration process. Once you have had the reconsidered decision and assuming it is not successful you can then lodge an appeal. Once the appeal is received you can ask the DWP to reinstate ESA (this does not require a new claim) which will be paid up until the appeal is heard. They will also back pay you for the period during the reconsideration.

    The only benefit you can claim during the reconsideration process is income-based jobseeker's allowance, but this has now been replaced by universal credit. There are two problems with this - firstly, as you say, you do have to be available to work to qualify, although you can ask the jobcentre to take into account your illness and disability when deciding what work seeking you are required to do. Secondly, if you claim Universal Credit you will remain on it, even if you win your reconsideration or appeal. You may be worse off or better off on UC.

    If possible, you really should get some specialist advice from a local citizens advice or local authority welfare rights team regarding your options as you do have some, but need to be sure which is the best for you. The SCOPE helpline will be able to help you find a local advice agency on 0808 800 333.

    Regards,

    Michael

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