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ESA stopped, but need urgent advice

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6 years 5 months ago #198945 by Dave
Hi please can someone advise urgently before a mistake is made? My Daughter has long term health issues, both mental and physical, and received a letter on 6th Oct saying she failed her WCA and ESA is stopping from 5th Oct ( so immediately basically). She is a single parent to a child whose just turned 2 yrs old.
She is going to ask for a mandatory reconsideration but is waiting to see her GP for a letter to go with it, in the meantime she rang DWP and they told her she has to claim JSA even though she is nowhere near able to work with her health,plus a small child to look after. So she has an appointment on Thursday morning. When she telephoned her housing association to ask what happens about her rent ( she has no income and no savings) the advisor told her she shouldnt claim JSA as shes long term sick, but should claim UC. But on other websites Ive read, shes not able to claim UC as she has been found fit for work? Should she go to the JSA appointment anyway and tell them she is not capable of work and wants to claim UC, or is she now likely to be in a position where she cant claim either...too sick to,work but not sick enough ( in their eyes!) to be on UC? She has written a 7 page letter stating all that is wrong in the WCA , and disputing a lot of what the assessor said, to send with the manditory reconsideration, should she take this and show it at the appointment? We have been getting so many different pieces of imformation she doesnt know which way to turn and is in a terrific state of anxiety right now. I am afraid for her mental state of mind and what she might do.

Just to add, the ESA50 form was never delivered to her currant address. The first WCA letter was sent to her old address and Im assuming the ESA50 form was sent their also. Does this give her good reason to ask for a reconsideration too, as she has been robbed of the chance to put in writing her health problems, and so went straight to a face to face in which she was flustered, anxious and couldnt think properly. Maybe they wouldnt have taken her benefit away if she had the chance to,pit her case in the ESA50 form.

Anyway, please can someone advise us now before she makes a mistake. Thankyou.

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6 years 5 months ago #198972 by Gordon
Replied by Gordon on topic ESA stopped, but need urgent advice
B

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

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She may be able to claim Income Support as a single parent, however, she may be better off on ESA in the long term.

My best advice is for her to get face to face advice if she can.

Technically she is able to claim JSA or UC, it will be one or the other depending on whether UC is live for her postcode, but she will need to declare herself as Fit for Work, doing so will not effect her challenging the ESA Decision.

For JSA she can present a Fit Note once her claim has been accepted and put into payment and be excused from her Claimant Commitment for up to 13 weeks. The rules for UC are different and she should not make a claim without getting advice.

If she goes on to appeal her ESA, then she should be able to claim the ESA Assessment rate while she waits for a hearing.

Gordon

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

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6 years 5 months ago #198980 by Dave
Replied by Dave on topic ESA stopped, but need urgent advice
Hi Again and thanks for your reply. So she should keep her appointment to apply for JSA on Thursday, and go ahead and apply for this? Also, you said once the mandatory reconsideration has been done ( Ive read most are refused so will then go to appeal?) and she applies to go to an appeal tribunal, she can reapply for ESA? I was told that rules been changed and she cant have ESA while waiting an appeal decision, but Im being told so many different things I dont know whats right and whats not. Ive also been told that its quite important that she didnt have the chance to fill out an ESA50 but I guess the DWP will just deny it was sent to the wrong address anyway. Oh, one other thing, She is in a full UC area, can she still claim JSA? Thanks in advance.

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6 years 5 months ago #198989 by Gordon
Replied by Gordon on topic ESA stopped, but need urgent advice
Bebe

She really needs to get face to face advice before she makes any decision about what to do, it is also important to find out whether she is in a fully live UC area as this significantly effects her options.

Gordon

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

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6 years 5 months ago #198990 by Dave
Replied by Dave on topic ESA stopped, but need urgent advice
Hi yes she def is in a fully live area for U C?

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6 years 5 months ago #198999 by Gordon
Replied by Gordon on topic ESA stopped, but need urgent advice

1bebe wrote: Hi yes she def is in a fully live area for U C?


OK then her options for JSA and Income Support are off of the table.

I'm sorry if I am repeating myself but she needs to get face to face advice. If she makes a claim for UC, then that's that she will remain on UC whatever else might happen even if she overturns the Decision on her ESA claim.

If she is able to wait until the MR is completed, then she will either be put back onto ESA because she has won or she ask for the ESA to be reinstated at the Assessment rate if she goes on to appeal.

Gordon

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

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