- Posts: 9
× Members
ESA Mandatory reconsideration and UC
- Patrick
- Topic Author
- Offline
Less More
6 years 6 months ago #199124 by Patrick
ESA Mandatory reconsideration and UC was created by Patrick
Hi after a wca my ESA was stopped on Aug 29 I have sent off a MR.
I took the advise from here and sent recordered next day delivivery.
I spoke to them on the phone and they confirmed it was in the hands of the decosion makers.
I have applied for my housing benifit to reinstated and showed proof that a MR was ongoing.
The local job centre told me the only benefit I can apply for is UC.
From what I have read that would take 6 weeks.
What I really need to know is how this would work with the MR and a possible appeal?
I have had no money money since the payment on the Aug 29.
A friend told me I could get help with gas and electricity from the food bank.
Does anyone know how I go about that I know I need to be refered but don't know who can reffer me
I took the advise from here and sent recordered next day delivivery.
I spoke to them on the phone and they confirmed it was in the hands of the decosion makers.
I have applied for my housing benifit to reinstated and showed proof that a MR was ongoing.
The local job centre told me the only benefit I can apply for is UC.
From what I have read that would take 6 weeks.
What I really need to know is how this would work with the MR and a possible appeal?
I have had no money money since the payment on the Aug 29.
A friend told me I could get help with gas and electricity from the food bank.
Does anyone know how I go about that I know I need to be refered but don't know who can reffer me
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 6 months ago #199135 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory reconsideration and UC
Patrick
I would advise you to get face to face advise if you can before claiming UC.
UC takes at least six weeks to go into payment although advances on the benefit should be accepted.
Once you are on UC, you cannot make a claim for what are now called legacy benefits, this includes the ESA that you were receiving. As you do not have a current ESA claim, UC will not recognise any of the options that you had with your ESA claim, for example, receiving the ESA Assessment rate if you have to appeal the Decision. About the only positive is that you should be able to make a new claim for being Unfit for Work.
Gordon
I would advise you to get face to face advise if you can before claiming UC.
UC takes at least six weeks to go into payment although advances on the benefit should be accepted.
Once you are on UC, you cannot make a claim for what are now called legacy benefits, this includes the ESA that you were receiving. As you do not have a current ESA claim, UC will not recognise any of the options that you had with your ESA claim, for example, receiving the ESA Assessment rate if you have to appeal the Decision. About the only positive is that you should be able to make a new claim for being Unfit for Work.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- Patrick
- Topic Author
- Offline
Less More
- Posts: 9
6 years 6 months ago #199218 by Patrick
Replied by Patrick on topic ESA Mandatory reconsideration and UC
I got the letter today to tell me my MR was unsuccessful.
I am not sure what I should do next.
The letter gives me details for appeal forms etc.
I know there is a guide on here to help but I can't find it.
I have had no money from anywhere since asking for MR.
When I appeal will I get ESA while waiting for the appeal?
I am worried I will end up having to claim UC and that will take 6 weeks.
Can I claim any benifit without affecting my appeal.
Sorry if I am not making this clear I really am a bit lost.
I need some sort o step by step guide.
I am not sure what I should do next.
The letter gives me details for appeal forms etc.
I know there is a guide on here to help but I can't find it.
I have had no money from anywhere since asking for MR.
When I appeal will I get ESA while waiting for the appeal?
I am worried I will end up having to claim UC and that will take 6 weeks.
Can I claim any benifit without affecting my appeal.
Sorry if I am not making this clear I really am a bit lost.
I need some sort o step by step guide.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 6 months ago - 6 years 6 months ago #199224 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory reconsideration and UC
Patrick
The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an award will only be made by your showing that you score the points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Once you appeal has been accepted by the Tribunal Service and the DWP have received notice of this then you can request to be put back on ESA at the Assessment rate until your hearing. You need to provide Fit Notes from the day after you ESA claim was closed and maintain an active Note with the DWP until the hearing.
This is a request to re-instate your ESA, you are not making a new claim for ESA, so there is no requirement for you to claim UC, even if told to do so by the DWP.
Gordon
The ESA Appeal guide has links to the SSCS1 form that you will need to complete and the Submissions guide has a complete example that you can use to help you fill it in, you do not need to provide detailed reasons at this stage for your request.
Once your appeal is accepted the DWP will prepare their submission to the hearing and send you a copy, whilst you should wait until you receive this to finish and submit your own, you should start to prepare your own case, an award will only be made by your showing that you score the points for one, so I would start by going back through your ESA50, the assessment report and the ESA Claim guides to see how you might show this is the case.
www.benefitsandwork.co.uk/help-for-claimants/esa1
Once you appeal has been accepted by the Tribunal Service and the DWP have received notice of this then you can request to be put back on ESA at the Assessment rate until your hearing. You need to provide Fit Notes from the day after you ESA claim was closed and maintain an active Note with the DWP until the hearing.
This is a request to re-instate your ESA, you are not making a new claim for ESA, so there is no requirement for you to claim UC, even if told to do so by the DWP.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 6 years 6 months ago by Gordon.
The following user(s) said Thank You: Patrick
Please Log in or Create an account to join the conversation.
- Patrick
- Topic Author
- Offline
Less More
- Posts: 9
6 years 5 months ago #200656 by Patrick
Replied by Patrick on topic ESA Mandatory reconsideration and UC
Hi I hope I am asking these questions in the right place without starting a new thread.
I got a text message from DWP on 31/10/2017
"We have been cotacted by the Tribunal Services about your Apeal. We have 28 daysto send them our response and your case to them. We will send you copies of the documents at the same time."
I am a little unclear where I go from here. Do I have 28 days to submit my case to the Tribunal? if not when should submit my case?
One last question do I submit my case set on A4 or is there a blank template I can use?
Sorry if I am not grasping this the more I read the more I seem to get confused.
I think I am almost there. I have gone through most of the stages now.
This is just the last part and its the most important part. thank you for all the help so far and thank in advance for the help I till need.
I got a text message from DWP on 31/10/2017
"We have been cotacted by the Tribunal Services about your Apeal. We have 28 daysto send them our response and your case to them. We will send you copies of the documents at the same time."
I am a little unclear where I go from here. Do I have 28 days to submit my case to the Tribunal? if not when should submit my case?
One last question do I submit my case set on A4 or is there a blank template I can use?
Sorry if I am not grasping this the more I read the more I seem to get confused.
I think I am almost there. I have gone through most of the stages now.
This is just the last part and its the most important part. thank you for all the help so far and thank in advance for the help I till need.
Please Log in or Create an account to join the conversation.
- Gordon
- Offline
Less More
- Posts: 51075
6 years 5 months ago #200669 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Mandatory reconsideration and UC
Patrick
When you receive the DWP's submission, they will send you a copy, you will have a minimum of 28 days to write and send in your own. In practice, hearings are taking many months to be scheduled and you can continue to submit information up to a couple of weeks before your hearing.
I would start to prepare your submission now but don't submit it until you have seen the DWP one so that you can address any issues that it raises.
Your primary goal is to show that you meet the criteria for an award.
There's an example submission in the PIP section in the Submissions guide.
Gordon
When you receive the DWP's submission, they will send you a copy, you will have a minimum of 28 days to write and send in your own. In practice, hearings are taking many months to be scheduled and you can continue to submit information up to a couple of weeks before your hearing.
I would start to prepare your submission now but don't submit it until you have seen the DWP one so that you can address any issues that it raises.
Your primary goal is to show that you meet the criteria for an award.
There's an example submission in the PIP section in the Submissions guide.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
Moderators: Gordon, Gary, BIS, Catherine, Wendy, Kelly, greekqueen, peter, Katherine, Super User, jimmck, Chris