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ESA Letter - Confused

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7 years 5 months ago #171476 by Goodlife
ESA Letter - Confused was created by Goodlife
Hi there

My husband was originally granted ESA in the WRAG (he did not appeal although I thought he should have done). He was on contribution based and so his actual payments ended April 2016 under the 365 day rule, although he was given NI contributions.

A review of his claim was due by 21st October 2016 and early September he submitted his claim forms together with a report from a consultant psychiatrist who says he is suffering from a particular Anxiety disorder (named but similar to PTDS) and that he requires treatment and perhaps even psychotrophic medication. The psychiatrist also thought that he would not be able to work even part time until after successful treatment and even then it could be up to two years before he would even be 80% recovered.

Today a letter has arrived from someone at the DWP regarding ESA re-iterating that they cannot pay ESA from the date in April 2016, again stating that it is due the 365 day rule and stating that they "may still credit the NI contributions while claiming ESA". It also says "if you want a full explanation of why your ESA has changed please get in touch". It gives a telephone number. The letter has a named person with a title of "Manager".

Is this a decision letter regarding his recent renewal claim? He had a similar letter earlier in the year when the payments stopped signed by the same person. Does a decision letter on his renewal claim have a set format or number? Only number I can find is in one corner of the letter (4316/1788).

Obviously as my husband's condition has not only not improved it has deteriorated and as the psychiatrist was supporting this in his report we were expecting that he would be put into support group this time (albeit for a limited period of time).

Any thoughts would be welcome.

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7 years 5 months ago #171496 by Gordon
Replied by Gordon on topic ESA Letter - Confused
Babydoll

It sounds as if he has been placed in the WRAG again and the letter is confirming that because of this he will still not receive any payments, but you need to confirm this with the DWP. Decision Letters should follow a standard format but for reasons that only the DWP know they rarely do.

Assuming this is the case then the new Decision creates a new right of appeal, however, he will only be placed in the Support Group by showing that he now meets one or more of the SG Descriptors.

I would try the number you have been given, the normal ESA number is

ESA: 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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7 years 5 months ago #171535 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Hi there
Further to my previous post my husband did not have a medical/face to face assessment this time even though he submitted the psychiatrist report that he had june or july this year. Is it normal for a decision to be made without a medical? Àlso the letter he received referred to his work records from 2013 to 2014. My husband was actually emplied until may 2015. Is that relevant?

Should we try and get some help in looking towards a review before appeal etc?
Thanks in advance

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7 years 5 months ago #171539 by Gordon
Replied by Gordon on topic ESA Letter - Confused

babydoll wrote: Hi there
Further to my previous post my husband did not have a medical/face to face assessment this time even though he submitted the psychiatrist report that he had june or july this year. Is it normal for a decision to be made without a medical? Àlso the letter he received referred to his work records from 2013 to 2014. My husband was actually emplied until may 2015. Is that relevant?

Should we try and get some help in looking towards a review before appeal etc?
Thanks in advance


Around 10-20% of ESA Decisions are made without a face to face assessment being required, so it's unusual but not extraordinary.

I'm afraid ESA letters are often poorly worded, I would not read anything in particular in to the reference to 2013/14 at this time.

If you can get expert face to face advice then it usually worth taking, but you may struggle to find anybody to help with a Mandatory Reconsideration, most agencies only provide support for an appeal and not always then. Do an internet search for "welfare advice" with your postcode, town or county.

If you want to pursue an MR yourself then have a look at our ESA MR & Appeal guide.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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7 years 5 months ago #172234 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Hi there

My husband finally got through on DWP helpline to find that the letter he had received referring to 'his claim for ESA' was about last year's claim that was due to end this month. It was nothing to do with the renewal claim forms that he sent in at the beginning of September.

According to the person he spoke to a decision has not yet been made on that set of forms. I suppose at least that is some consolation, but how cruel and stupid to send out such a letter to someone who has put in renewal claim form. Perhaps just a strange co-incidence.

At least we now know the situation.

Regards
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7 years 5 months ago #172316 by Goodlife
Replied by Goodlife on topic ESA Letter - Confused
Well spoke too soon. Medical appointment arrived Saturday 29th for late November. However the time has been made for 9.00 am, even though the claim pack clearly requested only after 11.00 am due to effects of medication.

How does hubby stand regarding re-arranging as if they give another appointment presume it will be classed as a 'second' appointment.

Also though the template letter was used regarding having medical recorded there is no mention of this. In fact a booklet was sent that refered to recording medicals which states that the DWP has no legal obligation to record medicals but that they would 'try' to arrange this. It also said that claimants could record but you have to go to a .gov website to read all the details about how you can record.

I am not well at the moment and will not be able to go with him. As there is only me and hubby is there any organisation that can have a supporter attend with him? I tried Mind but they are not in our area.

Cheers for any help

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