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

Thank you so much for your prompt reply, Gordon! You are a star!!

You asked why I did not make a new claim. Because I knew if I made a new claim, they would simply ignore my appeal and refuse to backdate the hole in my claim. I thought that I had a straightforward case: DWP’s decision to close my claim was unreasonable and unlawful. Little did I know how corrupt they are. They ignored and dismiss my case all the way anyway.

My fear is that: once I make a new claim, they would say I do not have a case to “re-open” my ESA, if my new claim is deemed as linked to the old one. I cannot afford not to ask DWP to backdate the payments. My previous council has threaten to take me to court if I don’t repay the overpayment I owe them (although they have admitted by witting that it was their own mistake for making the overpayment.)

The Jobcenter’s tactics so far is to leave me under financial strain and mental stress as long, and as much as possible so that I will eventually give up. It’s particularly strange that they have not provided any written explanations I asked for, especially, the “suspension letter”.

I did make a Subject Access Request on 31/03/16, but nothing has sent to me so far.

I have sent a letter to my MP. And the metal health team that has been looking after me has told me they would arrange an advocate to help me with the case.

I am also writing to chase the MR notice letter so that I can lodge the appeal as soon as possible (it’s rather odd when I said I wanted to appeal, the lady call me to tell me the decision just kept avoiding the discussion and kept saying someone else would call me later that day. No one called me since.)

Thank you again, Godorn. I really appreciate your help. Your kindness and selfless service providing guidance and advice for the sick and vulnerable is invaluable. <3

I hope by showing my case in details here will also somehow help others when they face the similar situation. I searched here and other websites before and it seems there have been many cases similar to mine in the past and most people did not challenge the closure of their benefits simply because they didn’t know they could.

Hi,

I have one more question regarding ESA payment during appeal. I understand that one will be paid the assessment rate once an appeal has been lodged. Does this also apply to my case as well if I don't make a new claim?

Thank you again for your help.
Zoe

Hi,

I have a question about making a new claim. Can I ask it to be backdated to the day my ESA was suspended, or the day my ESA was closed if I make a new claim now? As i have been under care by the same mental heath team all this time and my circumstance has not changed, can I use this reason to request it to be backdated?

Thank you.

Gordon,

Thank you so much again for your generous help. I have been in so much panic that I have not been able to think clear. And the more distressed I am the more I am confined to my flat, unable to go out and seek help. If not for your guidance, I would have been in pieces.

I am sorry if I am repeating the same question, but I am still confused and need more of your guidance regarding the 12 weeks linking rule.

You mentioned before that "if a new claim is made within 12 weeks of the previous claim being closed then the DWP may consider that the two link and you will not need to meet the eligibility criteria again."

I recall: a JC+ agent also mention that if I make a new claim within 12 weeks of the old one being closed, I do not have to go through the medical again. I have also read it somewhere else on the internet that people who were in the Support Group would be paid Support Group's rate from day one of the new claim. Is it true - if my claim is deemed as linked to the old one, then I will be placed in the same support group straight away without a medical?

If it's true, I am wondering if they are gonna pay me the support group rate or the assessment rate if I appeal and make a new claim at the same time?