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ESA stopped five months before transfer to state p

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6 years 9 months ago #194002 by Sandy
Many years ago the Jobcentre tranferred me from Jobseekers to ESA on the spurious grounds that ex addicts on methadone are "unemployable". A few years later I got very ill and it was found I'd had hepatitis c for decades. I finally cleared the virus last year which doesn't mean my liver is ok of course.
After completing the latest form and going for exam, I just got letter saying my ESA is stopped and I must apply for jobs straight away . That's beyond their power as I'm not on JSA, surely? I am 64 and get state pension this December so this is madness. Who will employ a 64 year old with liver damage for 5 months?!? Any advice? I have asked for reconsideration and if fails shall appeal.
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6 years 9 months ago #194038 by Gordon
Sandy

There's no requirement for you to seek work, but the only benefit that is likely to be available to you at this time is JSA.

If you want to challenge the Decision then the first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

www.benefitsandwork.co.uk/help-for-claimants/esa1

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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6 years 8 months ago #194644 by cyclops
A message from Father Christmas, if you were born in December 1952 then you reached State pension credit age in July or September 2015; you should have received an age addition to your ESA and been asked to apply for pension credit at that time. you can apply for pension credit now and apply for backdating AND ask for a review for the age addition if you have not already got it. Don't forget your princely Xmas bonus.

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6 years 8 months ago #194725 by Ian
The same happened to me this month, I will be 65 in Feb 2018, I only get ESA CB as I receive a 70% War Disability Pension and War Pension Unemployability supplement. I went from ESA SG to zero points. I am appealing the decision. The ESA will stop in Feb 2018 anyway when I get my State Pension.
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6 years 8 months ago #194814 by cyclops
Are we seeing the beginning of a trend turfing sixty-somethings off esa? I wouldn't put it past the DWP to do this. On the face of it you have already reached pension credit age some time ago which is one thing to consider the other is to claim PIP or armed forces independence payment which you should qualify for given your 70% disability unless you have received compensation. War pensions are not easy to understand and there are helplines at Veterans UK or the Royal British Legion. Don't let them grind you down, and don't expect anyone to get it right first time. Local authorities seem to have an unhelpful attitude towards veterans and rarely check the position in respect of veterans before making a decision in respect of Housing Benefit. You will probably have to check every decision made.

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6 years 8 months ago #194923 by Ian
Cyclops, I am on War Pension (WP) Unemployability Supplement {UmSupp} which a Person receiving 60% plus WP is eligible for, it is more than ESA as is my War Pension Mobilility Suplement {WPMS} more than the DLA/PIP rate for Mobility Rate. I received my WP UnSupp when on Invalidty Benefit my ESA is just for Contributions Based, a throwback from IVB, the additional rate was stopped when the Incapacity benefit was introduced except to people already receiving it. When I reach 65 next February I get the option of staying on WP UnSupp or get the State Pension. The Veterans Agency have already advised me to stay on WP UnSupp as it is more and not taxed. I agree they are a minefield, when my ESA was stopped on the 14th Jul ESA automatically electronically inform the local authority in case you are on HB which we are. The HB was suspended till I informed them that my income has not changed except for losing my ESA. HB was reinstated no problem. I agree with you that WP are a minefield (excuse the pun}, I am lucky my local council don't count it as an income when applying for HB and Council Tax reduction.

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