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Married couple claim.

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7 years 1 day ago #185718 by 2combs
Married couple claim. was created by 2combs
Hi all, I am currently one month since my esa claim has been stopped, I have had a refused mandatory consideration in which they say that they didn't receive my doctors letter and my gastroenterology letters, I scanned them in the jobcentre on the 10th yet my decision letter is dated the 13th,i have since phoned on the 15th,20th and the 27th to be told that the initial mix up was because they pool work to two different offices, then admitting my letters existence saying my claim is at medical.
We are a mixed family I had three daughters from a previous relationship , my wife had one and we now have a daughter together . My wife and oldest daughter get dla That's the background but my main query is as I claimed as a married couple where does my wife's entitlement stand , is it lumped in with mine or can she do something separately ? Thanks in advance John.

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7 years 20 hours ago #185743 by Gordon
Replied by Gordon on topic Married couple claim.
john

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

From what you have posted it looks as if the DWP are doing a second MR taking into account the letters that you sent them, is this your understanding?

While your MR Is ongoing then the only benefit that you can claim is JSA.

If the MR does not revise the Decision and you go onto to appeal then providing you were found Fit for Work you can ask to put back on ESA at the Assessment rate.

If your wife is also ill then she can make a claim for ESA. If she has not worked recently then she can only make a joint claim, so you will have to decide whether you pursue your MR/appeal or you go with her claim.

If she has worked and she is entitled to Contribution Bases ESA then she can make a claim in her own right/

In either case I would get face to face advice before she makes a claim from a trained advisor so that you make the claim that is most advantageous to you both.

Gordon

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