DWP Unfair decision - sudden closure of ESA - change of address

Hello, I am a new member

I have been on ESA in support group due to mental illness. I am currently under a intense treatment provided by Mental Health NHS trust.

DWP has closed my ESA without any communication or warming beforehand. I called Jobcentreplus this morning. They said my ESA was suspended since the end of January because I didn't tell them my change of address. And they closed my ESA because I have not contacted them since my ESA was stopped.

On the phone, I explained that I did post a letter to Jobcentreplus in September last year when I moved, and that I kept a proof of postage. I asked how to appeal the decision but the person first said I would not be able to appeal because my ESA was closed. When I didn't believe her and pushed further, she then say I could appeal but it would be more difficult and would take a long time. She kept persuading me to open a new claim and said that I would not need to go through a medical again.

I feel that she tried to trick me into making a new claim. in addition, I do not think DWP's decision is fair. My instinct tells me that I should appeal. However, after a whole day of searching the proof of postage in vain, I realised I am probably doomed.

I am aware that it would be difficult for me to prove it if the proof of postage cannot be found. However, it would not make sense for them to presume that I deliberately avoided informing Jobcenterplus of my move:

1: I have informed all the authorities of my change of address including HMRC, my previous Council and my current Council authority. (I have written letters/email from all of them that acknowledged my report of new address in September last year.) It’s a well-known fact that HMRC, DWP and local authorities share benefit claimers’ information. It would not be logical at all for me to hide my change of address from DWP, and yet inform all other authorities.

2: My change of address should not have affected my benefit as my circumstances have not changed. I have not been married or moved in with a partner. I have given my curent Council all the details asked for, and the council has awarded me full housing benefit. Again, this demonstrates that I have no reason not to inform DWP of my change of address.

I didn’t know my ESA was stopped due to my mental health condition and an overpayment from my previous council. I am not always my lucid self because of my condition, and I have not been always dealing with my finances and daily life well. In addition, a £1500 overpayment by my previous council confused me to the fact that my account should have no money after my ESA was stopped 6 weeks ago ( I have an email from my previous council that acknowledged I told them my move in september 2015; the overpayment was their own mistake.)

I feel so stupid that I neglected my bank account for so long and it results in such mess. The stopping of my benefit and this situation has left me under enormous stress and anxieties. If not because of the £1500 over payment, I would have no money to live by now. Furthermore, I will not be able to payback the overpayment, if my ESA is not reinstated and backdated.

I don't know what to do now. I am wondering if I should appeal. Will I have a good chance if I use above (1)and (2)reasons to support my appeal?

I will be more than grateful if you could give me some advice.

Thank you so very much!

Gorden,

Thank you very much for your thorough reply. I am very grateful for your help.I will follow your advice and send a letter to DWP request for MR tomorrow and update you the outcome.

Zoe <3

Hi there,

I have a sad update here.

After my last post here, I checked DWP’s handbooks and found that my ESA was closed unlawfully (the proper procedures were not followed – there was no notification sent either to my old or new address beforehand.) Furthermore, I was wrongfully refused the right to challenge the decision when I questioned the closure of my ESA (I was told that there was nothing I could do about it as it’s closed and that I had to make a new claim.)

As I realized that they didn’t follow the protocol before closing my ESA, I wrote to Jobcenter asking for a Mandatory Reconsideration (the letter was confirmed as received by postal tracking on 31/03/16.) Since then I have had more than 11 phone conversations with Jobcenter but I am repeatedly fobbed off by different people with the same excuses (firstly, “ we have not received the letters”, “we don’t know what happened to the letters”, then, “we don’t know why the decision makers have not dealt with your letters” etc.) After some persistent calling, someone at my local Jobcenter eventually gave me a time scale and promised that my case would be looked at and I would have an answer from them within 10 working days. That was 16 working days ago. Nothing has been done since.

I called again and got a callback from the same lady at my local Jobcenter yesterday. She said that there is a backlog at the department that makes the decisions. This time she refused to even give me the expected waiting time.

It has been almost 2 months since my request for a Mandatory Reconsideration was received by Jobcenter. I don’t know why I should believe their excuses for the reasons why my case has not been dealt with.

As far as I know, I have the right to ask for a time scale, and Jobcenter has to give me a written explanation as to why my case has been delayed for so long, if I request it. Am I right about this?

I am also wondering if there is anything I can do if Jobcenter just keep ignoring me.

I am in a distraught state in terms of financial hardship, stress and mental health issues facing this situation. I would be more than grateful if you could give me some guidance.

Thank you very much.
Zoe

Sorry, I have a few more questions. I hope I have not made too many posts and ask too many questions in such shot period of time.

According to DWP's guideline
(www.gov.uk/government/uploads/system/upl...ermination-guide.pdf)

"Notifications must be sent to customers to inform them of decisions to:
• suspend payment
• terminate entitlement to benefit or stay a decision
if you have been unable to contact the customer, the notification must be
sent to the last known address."

I did not receive any notification before or after my ESA was suspended. I only received a letter AFTER my ESA was closed. Is it unlawful that my ESA was closed without correct procedures? Is it unlawful that DWP ignored my hardship and mental health conditions and refused to re-open my ESA?

I am also wondering why they would not give me their explanations in writing as to why they close my ESA (I requested a written explantion on 02/04/16 but have not got any reply since). I feel that they have tried to pressurise me into making a new claim. And if I make a new claim, it will be easier for them not to deal with my appeal against their wrongful closure of my ESA.

I have decided to appeal. What do I do next? (I made it clear on the phone this morning that I wanted to appeal against the decision, but the Jobcenter staff did not want to discuss it with me.)

Can I apply for a hardship payment? If I make a new claim, how long will it take before I start receving payments? will I have to go through the medical again? If so, does it mean it's possible that I will be agin placed in the wrong group and have to go through appeal all over again (In the past, I was placed in the wrong group every single time. Although it was always corrected afterward and it reinstated me in the support group but I had to appeal/ask reconsideration EVERY single time.)

I apologise for asking so many questions in one go. I am in a desparate situation. I would be more than grateful if you could kindly give me some advice.

Thank you so much!

Zoe

Hi,

My last post might seem confusing because a message I posted shortly before that one didn't appear on the board. I don't know why.

In short, I got a call from Jobcenter this morning. The decision maker decided not to re-open my ESA.