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ESA contribution based and Income related top up

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7 years 2 weeks ago #184302 by Chaps
Hi. I recently received a back payment for ESA as I have been underpaid for the past 6 years when I transferred from Incapacity benefit.. I now should be getting ESA Income related top up as well as Contributory based ESA. After receiving the amount owed in back money, my fortnightly ESA was not paid into my account.. I was reassessed in January and have not heard anything from that assessment, though my MH health was extremely poor at the time. Is this normal for benefit not to be paid when receiving a change such as top up and back payment? I am unable to speak to them on the phone and rely on an advice worker for phone calls to DWP. Also would I be able to request a copy of the assessors report of the assessment whether or not a decision has been made. Hope this makes sense. Thank you for all your good work.

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7 years 2 weeks ago - 7 years 2 weeks ago #184325 by slugsta
Hi Mizzie,

It is possible that the backpayment has caused some sort of problem with your usual payments, but I think it is unlikely. I'm afraid the only way you will know for sure is to get someone to ring for you.

You will be able to request a copy of the assessor's report once an ESA decision has been made. It will be an ESA85 if you had a face2face assessment, ESA85a if you did not.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 2 weeks ago by slugsta.

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7 years 1 week ago #184696 by Chaps
I have not received any letter/information regarding my ESA assessment in January but today received a letter to attend a meeting to meet a work coach to help prepare for work in the future. I was not paid ESA 2 weeks ago into my account and have been unable to contact them as my advisor is on annual leave. I have suffered with MH, social anxiety/phobia, PTSD, agorophobia, a whole range of complicated health matters. Physically I have Peripheral arterial disease, back problems, Migraines etc. I had a home assessment visit. I find it difficult talking to people, especially strangers though I tried in my assessment (I was alone). I gave written evidence at beginning of assessment. I informed her that I had been suicidal prior to Christmas and had the MH Access team visit me at home through my GP. I have no idea what she put in her report. Her questioning included why did I not commit suicide and what stopped me. I was already fearful enough during the assessment and she deliberately tried to place more fear that I struggled to answer her questions. Although I drive to my mothers home and 1 friend locally, and occasionally an appointment for health I am very limited in where I go and what I do. I need someone with me to go anywhere else and I don't have that support so am unable to do many things. I feel like not even bothering to try to improve my health and become completely house bound because I can't cope with going to an interview. I have not even come to terms with my diagnosois of PAD. I also have just been told I have borderline COPD. MH and physical means I am restricted on a daily basis as to what I can do and even whether I can attend a doctors appointment. Many appointments are cancelled as I can't attend. Can you advise me what I need to do. I can't attend this interview even if they stop my benefits, couldn't use a food bank and unable to ask for help. I have been in the Support group for the past 6 years and my health conditions will not improve to the point where I could cope with benefits or ever in a work place. I struggle with family/friend and isolate myself so I have no chance with work and benefits. Sorry this is long winded but my situation is quite complex.
If I ask for a MR how long are they allowed before making a decision so that I can appeal.
What happens with ESA payments.
Could I provide a sick note for these work interviews.

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7 years 1 week ago #184738 by Gordon
Mizzie

It is very difficult to offer any meaningful advice on the information available, it is possible that you have been moved from the Support Group to the WRAG or you have been found Fit for Work, the advice for these two scenarios will be different so you really need to contact the DWP, or have someone do it on your behalf, to find out exactly what is going on.

When we know what you are facing we can give advice on how to proceed.

Gordon

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

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7 years 1 week ago #184752 by Chaps
The letter states taking part in meetings with a work coach and must prepare for a return to work when I am able. Considering all my health issues and the fact i felt suicidal prior to xmas the last thing i can cope with is preparing for work. Surely they cannot ignore such serious issues. I haven't got anyone to go with me, often can't attend health appointments. My doctor is supportive, requested a home visit on more than one occasion when evidence was ignored, so would it be beneficial to ask her for a further report and if so, what information would be relevant. Benefits are aware of how little support i have and how restricted my life is.

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7 years 1 week ago #184757 by Gordon

Mizzie wrote: The letter states taking part in meetings with a work coach and must prepare for a return to work when I am able. Considering all my health issues and the fact i felt suicidal prior to xmas the last thing i can cope with is preparing for work. Surely they cannot ignore such serious issues. I haven't got anyone to go with me, often can't attend health appointments. My doctor is supportive, requested a home visit on more than one occasion when evidence was ignored, so would it be beneficial to ask her for a further report and if so, what information would be relevant. Benefits are aware of how little support i have and how restricted my life is.


This sounds as if you have been placed in the WRAG.

Were you previously in the Support Group?

The issue of your ESA payments remains unresolved and I cannot offer any advice on this without more information.

You can request an MR to have the Decision revised (see below), but while you remain in the WRAG you are required to attend Work Focussed Interview and to participate in Work Related activity so I would contact your JC+ advisor and explain your problems, they can defer the meeting or hold it over the phone.

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

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