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Joint claim ESA to UC migration now asking for fit note & face to face review
- David
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1 month 1 week ago #299853 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
The employees of the DWP cannot act like a rogue trader and exact revenge. They are employed as civil servants and have to abide by the Civil Service code which means that such behaviour would result in dismissal for gross misconduct.
If you give up as you say then you would need to attend Work Coach meetings at the Jobcentre until you have had your WCA. The HAAS medical assessor may find you fit for work.
By sending the message referred to, you are only requesting a Mandatory Reconsideration which means that the original decision will be looked at again but still by a DWP employee.
I would add the legal basis for requesting a Mandatory Reconsideration. So immediately after the sentence " I was in receipt of ESA in 2019 and had an underlying entitlement to NI contributions on my joint ESA claim" I would add " I was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975” (SI 1975/556).
You are saying that because partners in a joint ESA claim do not automatically receive NI credits.
David
The employees of the DWP cannot act like a rogue trader and exact revenge. They are employed as civil servants and have to abide by the Civil Service code which means that such behaviour would result in dismissal for gross misconduct.
If you give up as you say then you would need to attend Work Coach meetings at the Jobcentre until you have had your WCA. The HAAS medical assessor may find you fit for work.
By sending the message referred to, you are only requesting a Mandatory Reconsideration which means that the original decision will be looked at again but still by a DWP employee.
I would add the legal basis for requesting a Mandatory Reconsideration. So immediately after the sentence " I was in receipt of ESA in 2019 and had an underlying entitlement to NI contributions on my joint ESA claim" I would add " I was entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(iv), (iva) or (v) of the Social Security (Credits) Regulations 1975” (SI 1975/556).
You are saying that because partners in a joint ESA claim do not automatically receive NI credits.
David
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- Blissfulblues
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1 month 1 week ago #299915 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi David, do you think it matters they said I was only awarded support group till 2020 and would have still needed a WCA? I was still support group when the claim was joined in 2019. Would that still qualify as me being still seen as limited capability for work if my claim was still single.?
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- David
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1 month 1 week ago #299925 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
You remain in the Support Group until you have been assessed at another WCA medical. Who told you that about 2020?
David
You remain in the Support Group until you have been assessed at another WCA medical. Who told you that about 2020?
David
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- Blissfulblues
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1 month 6 days ago #300101 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
It was an advisor at the job centre who called me without prior notification. I had a panic attack and couldn't keep talking. I asked for the information to be put on the journal and it hasn't been. I asked on the journal for the information and it hasn't been added.
I received a response to the message that citizens advice asked me to send today and this is what it says
Hi Angela,
Your Universal Credit claim is still being actioned by the M2UC team. We are waiting on the information from ESA in regards to your LCWRA. This is not input automatically by the Universal Credit team system,
Regards.
It's not from the service centre like last time. I'm so confused about what's happening.
I received a response to the message that citizens advice asked me to send today and this is what it says
Hi Angela,
Your Universal Credit claim is still being actioned by the M2UC team. We are waiting on the information from ESA in regards to your LCWRA. This is not input automatically by the Universal Credit team system,
Regards.
It's not from the service centre like last time. I'm so confused about what's happening.
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- David
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1 month 6 days ago #300109 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi Blissfulblues
I am sorry for the inconvenience that you are experiencing. I can only hope that the delay is because your claim has been referred to someone who knows what they are doing and not just a front of house administrator.
Let me know how you get on.
David
I am sorry for the inconvenience that you are experiencing. I can only hope that the delay is because your claim has been referred to someone who knows what they are doing and not just a front of house administrator.
Let me know how you get on.
David
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4 weeks 2 days ago #300223 by Blissfulblues
Replied by Blissfulblues on topic Joint claim ESA to UC migration now asking for fit note & face to face review
Hi David,
It seems to be going from bad to worse. My partner got a message in the journal talking about a commitments interview to accept new style esa. Now my partner was placed on incapacity when he was 16 years old he has no work history has paid no contributions through tax and yet this keeps coming back up. He was wrongly on receipt of Contributions based ESA and he was given a back payment. We have letters showing he has received income related ESA but again this comes back to haunt us. What can we do? What happens now?
It seems to be going from bad to worse. My partner got a message in the journal talking about a commitments interview to accept new style esa. Now my partner was placed on incapacity when he was 16 years old he has no work history has paid no contributions through tax and yet this keeps coming back up. He was wrongly on receipt of Contributions based ESA and he was given a back payment. We have letters showing he has received income related ESA but again this comes back to haunt us. What can we do? What happens now?
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