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ESA change of circumstance
- organic
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3 years 9 months ago #253559 by organic
Replied by organic on topic ESA change of circumstance
Hi Gordon,
Thanks for the help.
I should be entitled to UC if needed once I prove to the DWP that I am getting divorced.
I have now finally got a date for my CB NS ESA WCA.
I have decided to stay on CB NS ESA and have the WCA.
How long after the WCA do I have to wait before I can call the DWP to request a copy of the WCA?
How long roughly is the wait for a decision to be made by the decision maker?
If my 365 days of CB NS ESA has run out by the time a decision is made and I disagree with the decision maker am I entitled to any benefits while I wait for a MR or appeal?
I appreciate your help.
Kind regards,
organic
Thanks for the help.
I should be entitled to UC if needed once I prove to the DWP that I am getting divorced.
I have now finally got a date for my CB NS ESA WCA.
I have decided to stay on CB NS ESA and have the WCA.
How long after the WCA do I have to wait before I can call the DWP to request a copy of the WCA?
How long roughly is the wait for a decision to be made by the decision maker?
If my 365 days of CB NS ESA has run out by the time a decision is made and I disagree with the decision maker am I entitled to any benefits while I wait for a MR or appeal?
I appreciate your help.
Kind regards,
organic
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- Gary
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3 years 9 months ago #253575 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA change of circumstance
Hi Organic
Fingers crossed you get the results you were hoping for, in regards to your questions:
1) You can apply for a copy of the assessors report once a decision has been made.
2) I cannot give you a precise date as it varies across the regions, whilst the Assessment period lasts 13 weeks there is no requirement for a Decision to be made within this period.
3) It would depend on your circumstances, remember CB NS ESA is not means tested whereas UC would be means tested.
My advice would be to seek help from a welfare rights worker who can take all your circumstances into account when giving you advice, unfortunately on this forum we are not able to give you specific advice as we do not know you or your circumstances, we can only give you generic advice and point you in the direction of an on line benefit calculator gov.uk/benefits-calculators
Gary
Fingers crossed you get the results you were hoping for, in regards to your questions:
1) You can apply for a copy of the assessors report once a decision has been made.
2) I cannot give you a precise date as it varies across the regions, whilst the Assessment period lasts 13 weeks there is no requirement for a Decision to be made within this period.
3) It would depend on your circumstances, remember CB NS ESA is not means tested whereas UC would be means tested.
My advice would be to seek help from a welfare rights worker who can take all your circumstances into account when giving you advice, unfortunately on this forum we are not able to give you specific advice as we do not know you or your circumstances, we can only give you generic advice and point you in the direction of an on line benefit calculator gov.uk/benefits-calculators
Gary
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- organic
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3 years 9 months ago #254395 by organic
Replied by organic on topic ESA change of circumstance
Hello,
I have recently had a WCA for contribution based new style ESA.
Prior to the WCA I mailed in an update to the CHDA regarding my health since submitting my ESA50 in March. I am no longer able to carry out some of the examples I mentioned on my form. Also some of the treatment I have undertaken since then has not led to an improvement in my condition.
This update went missing twice despite using recorded delivery. I then sent it over to the DWP who scanned the evidence onto their system. They then couriered it over to the CHDA prior to the WCA. Despite this my assessor didn't have this update during my assessment. I managed to read out part of the update in my assessment but I am concerned the assessor didn't have this to refer to when they wrote my report. I have since called the CHDA who confirmed they never received the evidence from the DWP. My file has now been returned to the DWP.
I have written to the DWP asking the decision maker to take this missing evidence into account.
Is there anything else I can do?
I managed to record the assessment for my own personal use. If I need to draw attention to the fact that the assessor's report failed to take into account these changes. How would I go about mentioning the recording in a mandatory reconsideration?
I appreciate your help.
Kind regards,
organic
I have recently had a WCA for contribution based new style ESA.
Prior to the WCA I mailed in an update to the CHDA regarding my health since submitting my ESA50 in March. I am no longer able to carry out some of the examples I mentioned on my form. Also some of the treatment I have undertaken since then has not led to an improvement in my condition.
This update went missing twice despite using recorded delivery. I then sent it over to the DWP who scanned the evidence onto their system. They then couriered it over to the CHDA prior to the WCA. Despite this my assessor didn't have this update during my assessment. I managed to read out part of the update in my assessment but I am concerned the assessor didn't have this to refer to when they wrote my report. I have since called the CHDA who confirmed they never received the evidence from the DWP. My file has now been returned to the DWP.
I have written to the DWP asking the decision maker to take this missing evidence into account.
Is there anything else I can do?
I managed to record the assessment for my own personal use. If I need to draw attention to the fact that the assessor's report failed to take into account these changes. How would I go about mentioning the recording in a mandatory reconsideration?
I appreciate your help.
Kind regards,
organic
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- Gary
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3 years 9 months ago #254399 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic ESA change of circumstance
Hi organic
The first thing you want to do is get a copy of the assessors report (UC85), this should give you a better understanding of how the award was made, just contact the DWP office dealing with your claim. Usually they will not give send you a copy until a decision has been made, but we do live in strange times.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
You can get New Style ESA on its own or at the same time as Universal Credit. If you apply for and are awarded both benefits, the New Style ESA you are paid will reduce your Universal Credit payment by the same amount.
www.gov.uk/guidance/new-style-employment...ailed-guide#overview
If you have any further questions, come back to the forum.
Gary
The first thing you want to do is get a copy of the assessors report (UC85), this should give you a better understanding of how the award was made, just contact the DWP office dealing with your claim. Usually they will not give send you a copy until a decision has been made, but we do live in strange times.
New Style ESA is a Contribution Based benefit and is not means tested with the exception of pension income which can reduce the amount that you receive.
The Income Related benefit that goes with NS ESA is Universal Credit.
You can get New Style ESA on its own or at the same time as Universal Credit. If you apply for and are awarded both benefits, the New Style ESA you are paid will reduce your Universal Credit payment by the same amount.
www.gov.uk/guidance/new-style-employment...ailed-guide#overview
If you have any further questions, come back to the forum.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- organic
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3 years 9 months ago #254405 by organic
Replied by organic on topic ESA change of circumstance
Hi Gary,
I meant is there anything else that I can do regarding the missing evidence? I have been told it will take up to 6 weeks for a decision to be made by the decision maker.
I asked about how to use the recording in a mandatory reconsideration as I know the forum will soon be closed for 4 weeks.
Thanks,
organic
I meant is there anything else that I can do regarding the missing evidence? I have been told it will take up to 6 weeks for a decision to be made by the decision maker.
I asked about how to use the recording in a mandatory reconsideration as I know the forum will soon be closed for 4 weeks.
Thanks,
organic
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- BIS
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3 years 9 months ago #254412 by BIS
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by BIS on topic ESA change of circumstance
Hi Organic
There really isn't anything else you can do at this stage about the missing evidence. You could, of course, put in a complaint, but that would be dealt with separately from waiting for your report. Only you can decide whether it's worth the effort.
BIS
There really isn't anything else you can do at this stage about the missing evidence. You could, of course, put in a complaint, but that would be dealt with separately from waiting for your report. Only you can decide whether it's worth the effort.
BIS
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