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Esa claim closed?
- mistybee
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6 years 7 months ago #196980 by mistybee
Esa claim closed? was created by mistybee
2 weeks ago I had txt from dwp saying they have received my fit note but I don't have a claim for esa. Next day I had MR notice upholding previous decision fail.( this was my 1st claim for esa not transferred from any other benefit.)
Confused !went to CAB couldnt see anyone but took copy of MR notice.went to JCP who said I need to reapply. Cab confused too however gave me appointment for today(maybe for appeal help) or but may need to apply for UC go to connect who will help..Connect called UC who told me to go to JCP for help with UC registration.JCP say can't appeal as Claim closed,Esa doesn't exist anymore have to claim for UC your partner will have to come too etc??
Awaited CAB for help today. Still confused but they have lodged appeal for me ,dwp asked why appeal and not reclaim-- because can't reclaim as in area that is now in UC transition..
Made request for payment of esa at assessment rate but dwp said can't because claim closed.
My claim for ESA is/was contributory based.I have worked and paid Ni for the past 39years.
Anyone shed any light still so confused and stressed beyond belief.
Confused !went to CAB couldnt see anyone but took copy of MR notice.went to JCP who said I need to reapply. Cab confused too however gave me appointment for today(maybe for appeal help) or but may need to apply for UC go to connect who will help..Connect called UC who told me to go to JCP for help with UC registration.JCP say can't appeal as Claim closed,Esa doesn't exist anymore have to claim for UC your partner will have to come too etc??
Awaited CAB for help today. Still confused but they have lodged appeal for me ,dwp asked why appeal and not reclaim-- because can't reclaim as in area that is now in UC transition..
Made request for payment of esa at assessment rate but dwp said can't because claim closed.
My claim for ESA is/was contributory based.I have worked and paid Ni for the past 39years.
Anyone shed any light still so confused and stressed beyond belief.
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- Gordon
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6 years 7 months ago #197000 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa claim closed?
Kitty
I'm limited in the advice I can give as you don't explain the circumstances of your original ESA claim and what Decision was made,
From what I can see the CAB are correct and you should appeal. The DWP are taking the position that to re-instate your old ESA(CB) claim that you need to make a new claim for ESA and this is not allowed if you are in Live UC area, however, this is incorrect as you do not need to make a new claim to have your original ESA(CB) claim to be put live again.
Your best bet is to stick with the CAB and do not make a claim for UC, once you are under it's umbrella you have no further access to what are now described as legacy benefits
Gordon
I'm limited in the advice I can give as you don't explain the circumstances of your original ESA claim and what Decision was made,
From what I can see the CAB are correct and you should appeal. The DWP are taking the position that to re-instate your old ESA(CB) claim that you need to make a new claim for ESA and this is not allowed if you are in Live UC area, however, this is incorrect as you do not need to make a new claim to have your original ESA(CB) claim to be put live again.
Your best bet is to stick with the CAB and do not make a claim for UC, once you are under it's umbrella you have no further access to what are now described as legacy benefits
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- mistybee
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6 years 7 months ago #197009 by mistybee
Replied by mistybee on topic Esa claim closed?
Thank you Gordon for reply..
In my original claim I damaged my arm and hand 5 years ago,had 2 operations and much physio but still had limited use in hand with arm being more painful leaving me vulnerable,mentally and physically exhausted .Muscles in other parts of my body over the years became painful.the stress and pitfalls had me at breaking point last year.I remain. Physically and mentally exhausted and since been diagnosed with fibromyalgia as well as severe depression and dysphonia.
Thank you so much for your advice.
In my original claim I damaged my arm and hand 5 years ago,had 2 operations and much physio but still had limited use in hand with arm being more painful leaving me vulnerable,mentally and physically exhausted .Muscles in other parts of my body over the years became painful.the stress and pitfalls had me at breaking point last year.I remain. Physically and mentally exhausted and since been diagnosed with fibromyalgia as well as severe depression and dysphonia.
Thank you so much for your advice.
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- mistybee
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6 years 6 months ago #199017 by mistybee
Replied by mistybee on topic Esa claim closed?
Hi again,I have recently received letter from tribunal saying my appeal received..
May I ask do I still need to send in doctors fit notes?
This was actually my last question to ESA/DWP (Whilst waiting MR decision) they said I did,I sent note in and then received txt saying they had received fit note but I don't have a claim etc.... as in last message when CAB informed them I was to appeal they said cannot start esa at assessment rate as claim closed.
Am I still not able to get assessment rate ESA at all unless ,or until I win appeal do you know?
My claim started October last year( contributory based).after assessment decision given zero point deemed fit for work.
May I ask do I still need to send in doctors fit notes?
This was actually my last question to ESA/DWP (Whilst waiting MR decision) they said I did,I sent note in and then received txt saying they had received fit note but I don't have a claim etc.... as in last message when CAB informed them I was to appeal they said cannot start esa at assessment rate as claim closed.
Am I still not able to get assessment rate ESA at all unless ,or until I win appeal do you know?
My claim started October last year( contributory based).after assessment decision given zero point deemed fit for work.
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- Gordon
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6 years 6 months ago #199034 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Esa claim closed?
Litty
You should be entitled to the ESA Assessment rate while you wait for your appeal hearing, however, the DWP cannot enable this until they have received notification of your appeal from the Tribunal Service.
As you have received your notification, give it a few days and contact the DWP again.
You will need to maintain an active Fit Note with the DWP until your hearing to enable payment of the ESA Assessment rate.
Gordon
You should be entitled to the ESA Assessment rate while you wait for your appeal hearing, however, the DWP cannot enable this until they have received notification of your appeal from the Tribunal Service.
As you have received your notification, give it a few days and contact the DWP again.
You will need to maintain an active Fit Note with the DWP until your hearing to enable payment of the ESA Assessment rate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: mistybee
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- mistybee
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6 years 6 months ago #199078 by mistybee
Replied by mistybee on topic Esa claim closed?
Thank you very much for your help Gordon.You are a diamond.x
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