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7 years 9 months ago #163284 by brad72
Replied by brad72 on topic esa
Thanks Gordon, one more thing I've be told by dwp that because I'm on income support with my sda I won't be put in the 365 days limited esa because I would hopefully get contrubary and income related esa is this correct. Thanks
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7 years 9 months ago #163298 by Gordon
No and yes!
If you are placed in the WRAG then your ESA(CB) would still be subject to the 365 day limit, however, as you already meet the requirements for ESA(IR), at the end of the 365 days your ESA(CB) would be converted to just ESA(IR) and you would receive the same money.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa
brad72 wrote: Thanks Gordon, one more thing I've be told by dwp that because I'm on income support with my sda I won't be put in the 365 days limited esa because I would hopefully get contrubary and income related esa is this correct. Thanks
No and yes!
If you are placed in the WRAG then your ESA(CB) would still be subject to the 365 day limit, however, as you already meet the requirements for ESA(IR), at the end of the 365 days your ESA(CB) would be converted to just ESA(IR) and you would receive the same money.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #164480 by brad72
Replied by brad72 on topic esa
Hia, I am really confused so please bare with me, I am waiting to hear if I am going to get esa. But the health advisory service have told me that They have sent my form back to dwp and apparently don't need an assessment, but when I rang esa today they told me that they are waiting for NHS letters to come back. And that they could still refuse me esa based in the letters and form only is this correct. Many thanks.
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7 years 8 months ago #164510 by Gordon
In a word no! You can only be found Fit for Work if you have attended a face to face assessment, a Decision Maker can refer you back to HAAS for F2F, but they cannot make a FfW Decision without doing so.
Remember, the call centre staff are poorly trained and often do not have a proper understanding of how the system works.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa
brad72 wrote: Hia, I am really confused so please bare with me, I am waiting to hear if I am going to get esa. But the health advisory service have told me that They have sent my form back to dwp and apparently don't need an assessment, but when I rang esa today they told me that they are waiting for NHS letters to come back. And that they could still refuse me esa based in the letters and form only is this correct. Many thanks.
In a word no! You can only be found Fit for Work if you have attended a face to face assessment, a Decision Maker can refer you back to HAAS for F2F, but they cannot make a FfW Decision without doing so.
Remember, the call centre staff are poorly trained and often do not have a proper understanding of how the system works.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 8 months ago #164517 by brad72
Replied by brad72 on topic esa
Thanks gordon, so these nhs letters they said they are waiting for could be from my hospital specialist or gp, as cant understand if this is the case then surely they would of contacted them before sending my form back to dwp, or has the decision maker wrote to them many thanks.
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7 years 8 months ago #164519 by Gordon
It's possible that the DM has asked for more information, it's also possible that it was the assessor and they are still waiting for a reply.
Can you ring your Consultant to find out if they have been contacted?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic esa
brad72 wrote: Thanks gordon, so these nhs letters they said they are waiting for could be from my hospital specialist or gp, as cant understand if this is the case then surely they would of contacted them before sending my form back to dwp, or has the decision maker wrote to them many thanks.
It's possible that the DM has asked for more information, it's also possible that it was the assessor and they are still waiting for a reply.
Can you ring your Consultant to find out if they have been contacted?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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