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7 years 5 months ago #172144 by june cunningham
Replied by june cunningham on topic support group
Thank you, can you advise if there is any timeline for the decision to be made on his new ESA50?

June

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7 years 5 months ago - 7 years 5 months ago #172169 by slugsta
Replied by slugsta on topic support group
Hi June,

There is no time in which this must be completed. However, ESA decisions are not taking long at the moment. I would expect your son to have heard something within a few weeks.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 5 months ago by slugsta.

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7 years 5 months ago #172241 by june cunningham
Replied by june cunningham on topic support group
Hi
Have unearthed info which verifies that Andrew has been treated incorrectly in having Esa
cancelled due to his working beyond the year allowed for permitted work. We have letters which verify that he was not earning enough and that say he was entitled to work beyond the year .
He received form PW7(ESA) on 7/2/2016 stating that he could do permitted work until 10/4/2016 or
1 . keep doing the work and stop getting the benefit
2. change your hours of work to reduce your earnings to £107.50or less and keep getting your benefit
3 do supported permitted work for earnings of no more than £ blank a week for as long as you like
We have explained to an adviser that he has received incorrect or little assistance in this matter
and that we feel that his rights under the Equality act have been breached as no assistance was given when it is documented by the DWP that he has had severe mental health problems from prior to Dec2015 when he sought help as he was suicidal. He is still in a very volatile
mood and cannot manage thing Should we point out to the Dwp that they had a duty to him under the Equality Act to ensure his understanding of these matters? They have a signed appointee letter completed by Andrew And myself but they refuse to advise me of matters.I am awaiting the letters to be sent to me by my son (he should not have received them due to his mental health concerns. We also received a letter from Hackney housing benefits office who have cancelled his housing benefits and council tax benefits after receiving notification from the DWP that ESA has been cancelled.
I have contacted Andrews MP and the Housing Benefits office but need to follow up with a letter to the MP and verification that he has no income apart from his DLA.

Do you have further advice? I have been told that we cannot ask for reconsideration of the decision.

June

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7 years 5 months ago #172242 by june cunningham
Replied by june cunningham on topic support group
Another thought, Gordon advised that he needs to phone and make a request for ESA under the 12 week rule, Can this request be made in writing as he cannot do the phone call to them and as I said they refuse to accept we are appointees!

Thank you :angry:

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7 years 5 months ago #172273 by Gordon
Replied by Gordon on topic support group
June

Forgive me, I am confused (not difficult :)).Looking back at your previous posts we were having this same conversation eight months ago. Your son's ESA was stopped because he has exceed the PW limits.

Has he had his ESA re-instated and again exceed the PW limits or are you referring back to the original occurrence? Given that the letter you mention in your latest post refers back to February of this year, it would seen the former.

When was his ESA claim last closed? If it was more then 12 weeks ago then he cannot make a rapid reclaim of ESA under the Linking Rules and must make a new claim for ESA which will involve a new ESA50 and face to face assessment.

There is also the potential issue of an overpayment of ESA, has this been raised with him by the DWP? If he was not entitled to ESA due to having exceeded the PW limits then any ESA paid would be a recoverable over payment. If he has again exceed the PW limits then his ESA will have been stopped from the date that this ocurred

You say you have a signed appointee letter, have the DWP agreed to you being his appointees? They would have needed to have interviewed you and you son in order to agree to you being his appointees, if that has not happened then you are not his appointee and cannot act on his behalf.

Without a clear understanding of the situation it's difficult to offer advice in regard to challenging the Decision, but any MR or appeal would only be considered on the facts of the matter; (a) is he allowed to do PW at the Upper Earning Limit and (b) has he done work at the Upper Earning Limit? If wasn't allowed to and he has, then the law is clear, he is not entitled to ESA.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: june cunningham

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7 years 5 months ago #172366 by june cunningham
Replied by june cunningham on topic support group
Andrew has no understanding of the matters and because of his mental health issues cannot understand the issues and has been taken in by the permitted work letter sent to him which advises him incorrectly . H e does not do the permitted work now. He was advised that his ESA could be considered under Mandatory reconsideration, does this mean it is a temporary sanction.
Could you please refer me to the advice that was issued to Housing Benefit Staff regarding action on not suspending this benefit when there is a sanction? We have requested this for him with his signature attached. Thanks This is a further instance .

June

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