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ESA Assessment
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4 years 7 months ago #251630 by Mark
ESA Assessment was created by Mark
Hi
Finally got letter for telephone assessment for next week. I have a few issues.
1) is it acceptable to be given a 5 hour window when they will phone?
2) I am currently waiting for council to offer me a place of my own. If I fail medical presumably there would be no way to qualify for SDP. I can’t get JSA without SDP and can’t get SDP with UC. I realise I could look at appealing the decision and would likely still be entitled to SDP. But I wasn’t planning on putting myself through an appeal.
3) Although MR no longer required could I still optionally ask for one just on the off chance that it goes in my favour thus avoiding the need for an appeal?
Thanks.
Finally got letter for telephone assessment for next week. I have a few issues.
1) is it acceptable to be given a 5 hour window when they will phone?
2) I am currently waiting for council to offer me a place of my own. If I fail medical presumably there would be no way to qualify for SDP. I can’t get JSA without SDP and can’t get SDP with UC. I realise I could look at appealing the decision and would likely still be entitled to SDP. But I wasn’t planning on putting myself through an appeal.
3) Although MR no longer required could I still optionally ask for one just on the off chance that it goes in my favour thus avoiding the need for an appeal?
Thanks.
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4 years 7 months ago #251641 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Assessment
Mark
1. I can't say that it is unacceptable as there is no legal requirement or even guidance for this but I would say that it is unacceptable, have you contacted Maximus about this?
www.chdauk.co.uk/contact-us
2. Your situation is complicated and whether you qualify for the Premium will depend on the order of things as well as the Decision on your ESA.
I assume that you do not currently qualify for the Premium as you do not live alone and that you will want to make a claim for Housing Benefit when you move to your new place.
When you move you will not be able to claim HB because you are not receiving the SD Premium so you will need to move and then contact the DWP to have the Premium added to your ESA, when it is then you can claim HB.
So, if you are found Fit for Work before you are able to make a claim for HB then the only way that you can receive the HB as opposed to the Housing Element of UC, is by requesting an appeal, once your ESA goes back into payment you can ask for the Premium to be added.
3. You can but see my answer for (2) above. You will not receive any payment of ESA unless you request an appeal.
Gordon
1. I can't say that it is unacceptable as there is no legal requirement or even guidance for this but I would say that it is unacceptable, have you contacted Maximus about this?
www.chdauk.co.uk/contact-us
2. Your situation is complicated and whether you qualify for the Premium will depend on the order of things as well as the Decision on your ESA.
I assume that you do not currently qualify for the Premium as you do not live alone and that you will want to make a claim for Housing Benefit when you move to your new place.
When you move you will not be able to claim HB because you are not receiving the SD Premium so you will need to move and then contact the DWP to have the Premium added to your ESA, when it is then you can claim HB.
So, if you are found Fit for Work before you are able to make a claim for HB then the only way that you can receive the HB as opposed to the Housing Element of UC, is by requesting an appeal, once your ESA goes back into payment you can ask for the Premium to be added.
3. You can but see my answer for (2) above. You will not receive any payment of ESA unless you request an appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 7 months ago #251642 by Mark
Replied by Mark on topic ESA Assessment
Hi Gordon
Have not contacted them. Should I do so and what would you suggest I say to them?
For some reason I was under the impression that to get SDP you need to be on pip daily living and any income based benefits so I guess I got that wrong and you have to be on ESA either category?
But if I went for MR would I still get backdated once I lodge the appeal?
Would I continue to get the enhanced premium while appealing?
Thanks Gordon.
Have not contacted them. Should I do so and what would you suggest I say to them?
For some reason I was under the impression that to get SDP you need to be on pip daily living and any income based benefits so I guess I got that wrong and you have to be on ESA either category?
But if I went for MR would I still get backdated once I lodge the appeal?
Would I continue to get the enhanced premium while appealing?
Thanks Gordon.
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4 years 7 months ago #251643 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Assessment
Mark
If the five hours is a problem for you then contact Maximus, if it isn't then I would not bother.
The requirements for the Severe Disability Premium are;
- You need to be receiving a qualifying benefit such as PIP Daily Living (there are others).
- You need to be living alone or considered to be living alone
- No one must be receiving Carers Allowance against the qualifying benefit.
Lastly, to receive the Premium you must be receiving or entitled to receive an Income Related benefit such as ESA(IR) but not UC.
Yes, providing you provide a Fit Note dated from the day after any Fit for Work Decision is made then you would receive back payment of the ESA Assessment rate when any appeal has been accepted.
You will not receive the Enhanced Premium unless you have an Enhanced Daily Living award, as it is paid for you being in the SG and you would no longer be in that group, this would also apply if you are moved to the WRAG.
Gordon
If the five hours is a problem for you then contact Maximus, if it isn't then I would not bother.
The requirements for the Severe Disability Premium are;
- You need to be receiving a qualifying benefit such as PIP Daily Living (there are others).
- You need to be living alone or considered to be living alone
- No one must be receiving Carers Allowance against the qualifying benefit.
Lastly, to receive the Premium you must be receiving or entitled to receive an Income Related benefit such as ESA(IR) but not UC.
Yes, providing you provide a Fit Note dated from the day after any Fit for Work Decision is made then you would receive back payment of the ESA Assessment rate when any appeal has been accepted.
You will not receive the Enhanced Premium unless you have an Enhanced Daily Living award, as it is paid for you being in the SG and you would no longer be in that group, this would also apply if you are moved to the WRAG.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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4 years 7 months ago #251644 by Mark
Replied by Mark on topic ESA Assessment
Thanks Gordon.
I’m just a bit reluctant with the appeal as I have had issue before at another surgery with GP who basically refused to give me a sick note. This put me in a really bad place so I’ve got a bit of a problem in going to doctors as if I’m begging for a sick note.
But with the virus it might make it a bit easier if it can be done online. I’ll just have to play it by ear and see what happens next week.
Thanks again.
Mark
I’m just a bit reluctant with the appeal as I have had issue before at another surgery with GP who basically refused to give me a sick note. This put me in a really bad place so I’ve got a bit of a problem in going to doctors as if I’m begging for a sick note.
But with the virus it might make it a bit easier if it can be done online. I’ll just have to play it by ear and see what happens next week.
Thanks again.
Mark
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