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

Hi Zoe. You are really going through it with the DWP. Are you aware that DWP post cannot be redirected and has to be sent back to them. It states this on the Royal Mail redirection service. I was getting DLA and had a Motability car and ESA in support group. Last year I rang DLA number to advise COA. He advised me I didn't need to notify ESA as he would update my file and advise them. My ESA payments were sanctioned. I rang ESA tel number and DWP man was very nasty and told me someone had reported I had moved so it was stopped as my circumstances had changed, he said I could have moved in with a partner so no longer eligible. I told him I had rung DLA to advise COA and as I was in support group it wouldn't have made any difference to my claim for ESA. I had to stay calm and friendly as I needed him to sort my payments out but I was so upset. My advice is to always ring both DLA or PIP and ESA and take names and times as they don't pass on COA and follow up with written recorded delivery to both depts. I wish you all the luck getting this sorted.

Hi, Gordon,

Sorry for the late reply. I have been very unwell since I last logged off here.

Firstly, to answer your question: no, I have not made a new claim, because I have been very angry and upset by JC’s nasty malpractice. I knew I had not done anything wrong, and I knew they used dirty tricks to close my ESA and had been trying to bully me into make a new claim. Moreover, I am utterly appalled by their repeat lies and tactic trying to stop my MR.

Luckily, I have a bit of good news now - I have received my MR Notice and it has changed the decision in my favour. In the MR notice letter it acknowledges that my MR request was received on 06/04/16, and it apologises that my my MR request did not reach the decision maker until 08/07/2016 (but their letter to my MP, dated 1 July, said that they did NOT received ANY letter from me before 16 May!!… they also said to my advocate on the phone that they NEVER received my MR request!)

The MR notice letter also states: “ … your claim should be reopened. You have been given incorrect advice during contact with the department.” It mentioned this because I wrote on my complaint letter that I was repeatedly told since I first contacted JC+ : my ESA was closed and nothing could be done about it and that I had to made a new claim.

So, why did I say it’s only “a bit” of good news when the MR has changed the decision in my favour, and their mistakes have been acknowledged by the DWP? … Well, I just have a very bad feeling that this is not going to be the end of my nightmare. Last week my advocate told me that DWP called and said they would repay me my ESA arrears from the date it was closed, but they needed a few days to do the calculation.

I called JC+ today. I was told that they would not make any payment to me before I filled in and send back the ESA3 form. I am perfectly happy to fill the form. However, it seems they are still committed in making me suffer as mush as they can. On the phone, they claimed that they had sent out theESA3 form, but I have not received it. I asked it to be sent again, but I don’t know how long it will takes before it reaches me, how many times it will “get lost”, and, how long it will takes for them to process my ESA3 form.

I am desparate for the payment. I have been eating potatoes everyday for months and have huge debts to repay. I am just wondering if this is right - they won’t pay me the arrears until the ESA3 is processed?

Finally, Gordon, I would like to thank you again. For a long time, I could not imagine if my nightmare would ever end, and if I could survive from this. I suffered a great deal mainly psychologically from the whole situation. Your kindness and help have given me strenth that I would otherwise have lost long ago during such difficult time. At least I know that my questions will always be answered whenever I come here for help and it’s a tremedious moral support for people like me. I am very grateful for this site and Gordon’s help!! <3 <3 <3

Zoe xxx

Hello mememe,

Thank you so much for taking the time to write to me. And thank you for your advice and good wishes. I am very moved. I am sorry for the late reply, but I have been unwell and had not used the internet since I last logged off here.

Thank you for sharing your experience. I understand what you went through (did they reopen your claim?) It’s depressing how often JC+ makes mistakes but expect us the claimants to take the blame and suffer the consequences. And I dare to say that some of mistakes are done on purposely. Some dirty tricks and nasty tactics have been revealed on the press before.

www.theguardian.com/politics/2013/dec/09...tleblower?INTCMP=sfl

www.theguardian.com/commentisfree/2014/j...ullying-by-the-state

And I have experienced their malpractices myself firsthand ( I have written in details in the last posts here.)

I agree with your helpful advice : always communicate with DWP in writing and keep the Proof of Delivery. You cannot reply on what is said on the phone. It’s not unusual for JC+ to deny what you have said or what they have promised to do on the phone. In my case, they even tried to deny what was agreed with my advocate (a benefit adviser.) And they even made false claims IN WRITING to my MP.

Apart from that, I have two more advice for our fellow claimants:

1: Don’t let them bully you off your benefits. If you know you have done nothing wrong, fight your battle. Don’t give in! They sure will make your life very difficult and make you very scared for your survival ( the best way to make you comply), but keep your faith in humanity and ask for help (such on this wonderful site.)

2: Don’t let them close your benefit for stupid reasons, such as not receiving your change of address notification. By law, they have to follow proper procedures before closing your benefit. I posted a link to the DWP handbook on this subject before. Please have a look.

Finally, good luck to you too, mememe! … and to everyone seeking help here. I want to thank Benefit and Work again for providing such valuable and helpful platform for us!!

Zoe xxx

Thank you again, Gordon!

Do you think I can argue for a quicker payment. I undeerstand why the ESA3 is required of me. However, my desperate situation now is all due to DWA's faults, as they closed my ESA unlawfully and delayed my MR process for such a long time. Now they at least should have the decency to process the payment quicker for me. I have told them repeatdly that my other circustances have not cahged after moving. I will still complete the ESA3 form anyway.Why should I let them waste more time and make me suffer longer when they have done me so much wrong alreay?