Desperate! ESA tribunal wont no benefits.

Hello,

I really need help as I am at the end of my tether and feeling very low. I have been a member of this site for several years and have used the excellent resources to successfully appeal my PIP claim. Since then, I have been trying to get placed in the Support Group for ESA.

I have not worked since 2008 due to a number of health conditions. I was receiving Incapacity Benefit until I was transferred to ESA and put in the WRA group. I received payments for 365 days but nothing since.

My case is very complicated due to mistakes made by the DWP. I was sent a letter in February 2016 stating that my claim had been reconsidered and that I was to remain in the Work Related Activity Group. The letter stated that I could request a Mandatory Reconsideration of this decision. I wrote a letter on 9th March 2016 stating that I felt that I now believed that I should be in the Support Group due to my health being worse. I was told that I could not have a Mandatory Reconsideration as I had received one in 2013 and that I would have to appeal via a tribunal, even though this appeal was clearly going to be out of date. I asked if my claim could be reconsidered due to deterioration in my conditions but I was told that this could not happen as I did not include the word ‘reconsideration’ in my letter of March 2016.

I lodged my appeal on 03/05/2016 as instructed, but the court would not hear my case without a new Mandatory Consideration being carried out; the DWP refused to do this as they said the letter of February 2016 was an automated letter and did not carry this right, despite it being clearly stated in the letter. Having reached a stale-mate after months of procrastination, the Judge decided that a directions hearing should take place on 12th September 2016 to progress the matter. The hearing decided that my appeal was out of date, as I expected, but that since no action had been taken by the DWP after my letter in March 2016 that I should be treated as having made a new claim from the date of my letter – 9th March 2016.

I did not hear from the DWP following the tribunal’s instructions. I had to write to you twice – 3rd October and 7th November, before I received a phone call telling me that I needed to fill out a new claim form and attend a medical. I returned the claim form by the 23rd December 2016 by Royal Mail Signed For and it was received.. I then received a letter saying that I had to attend a medical but not until March 1st 2017 – a further delay of 10 weeks. I was placed again in the WRA group, following this assessment.

I then went throught the MR process, whih refused to change the decision and then to tribunal. My case was finally heard 12-02-2018 - nearly two years after I reported a deterioration in my conditions. My appeal was allowed and the panel decided that I should be placed in the Supprt Group. Today, I have called the DWP and was told that they willl not be appealing this decision and have placed me in the Support Group. However, to my dismay, I was told that I still will not receive any benefits as my contributions ran out in 2013. He said that he would ask the benefits centre to check this to see if my appliaction could be considered an open and continuous one since 2013 and before my contributions ran out. I have not received a call back today so I have to wiat until tomorrow.

I desperately need advice, but i understand this is complicated.

I complained to the DWP and received a response on 6th June 2017 apologising and admitting that, " it is clear that when we received your letter of 9 March 2016 we should have treated your MR request as a supersession of the decision of 16 December 2013 to place you in the WRAG. This is because you told us in your letter that your health condition had deteriorated."

A such, I would assume that my claim should be treated as an ongoing one since December 2013. However, I was made to submit a new claim in March 2017 because of the mistakes made by the DWP. The Judge instructed that this should be treated as being made 09-03-16, as this was when I reported the deterioration. Can anyone tell me if my claim should be treated as continuous, and therefore, I should receive benefts?

Also, I have checked my NI contributions online as they are showing as full, as this has been paid by the DWP as my case was open and part of the credits was to pay my NI. If this is the case, why did the DWP tell me today that my contributions ran out in 2013? do the contributions made by the DWP not count in qualifying me to receive benefits?

If anyon can unravel this mess and help me in anyway at all, I would be so grateful! Just reading all of this, must have been exhausting! I am totally drained by 2 years of jumping throught hoops, only to be told that I will not receive anything, even in the Support Group. I cannot claim income based ESA as my husband has an income.

Hello Gordon,

Thank you for responding. No, they have not called me back yet.

In the meantime. I have been searching through all of my documents and found one that I received as part of a DSAR. This shows that it was treated as a supersession not a new claim. It states that I have requested a " supersession based on her assertion that her condition has worsened since the previous decision to award the Limited Capacity for Work Related Activity component of ESA on 16-12-13. A decision regarding whether the support Component of ESA is applicable is required."

It states that there is insufficient evidence at present so my case should be referred for WCA action immediately. I finally got a date for a new medical assessment the following March after writing to them again.

Importantly, it also states, “Application accepted as having been received/made on 07/04/16 (system notes and appeal paperwork.)

Hello Gordon,

I responded to you last night but it isn’t showing - please let me know if you received this response.

Today I received the call back and they have said that since I have been a credit only claimaint since 2013, I have to fill out an ESA1 form before they can consider any back payments. I thought this was a new claim form? I obviously do not want to initiate a new claim.

Any suggestions?

Hi Gordon,

Thank you for the advice. Another 63 page form - not sure if there will ever be an end in sight!

Jaydon