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ESA to nothing
- bramble
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5 years 8 months ago #215108 by bramble
ESA to nothing was created by bramble
Had my esa re-assessment at the beginning of April this year, hadn't heard anything so decided to phone them today. after eventually getting through I was informed that someone had tried to phone me yesterday and today (have been home and I didn't hear any call),. But anyway have been told my claim is now dormant as I was only awarded 6 points. I asked about mandatory recon and was told all the paperwork is in the post. Apparently everything stops and I now have to claim job seekers?
A bit of background, I first started claiming ESA on the advice of my doctor about 3 and a half years ago. I did an assessment and was put in the work group. I went to appeal, won my appeal and it was backdated. They also said I wasn't to be assessed for 2 years. At that time the assessor gave me 0 points but the decision maker, without meeting me gave me enough to be put in the work group. This time apparently I've been given 6 points and have lost everything. Oh, I do receive PIP at the higher rate for both components. the PIP has been awarded for ten years before I have to be retested.
So what happens now? I'm in shock, I'm sick with worry. I know I'll have to go through the whole appeal process again but in the mean time I don't have any money coming in. I can't claim JSA as apparently you can't put a claim in for one calendar month after receiving ESA. what am I supposed to do?
A bit of background, I first started claiming ESA on the advice of my doctor about 3 and a half years ago. I did an assessment and was put in the work group. I went to appeal, won my appeal and it was backdated. They also said I wasn't to be assessed for 2 years. At that time the assessor gave me 0 points but the decision maker, without meeting me gave me enough to be put in the work group. This time apparently I've been given 6 points and have lost everything. Oh, I do receive PIP at the higher rate for both components. the PIP has been awarded for ten years before I have to be retested.
So what happens now? I'm in shock, I'm sick with worry. I know I'll have to go through the whole appeal process again but in the mean time I don't have any money coming in. I can't claim JSA as apparently you can't put a claim in for one calendar month after receiving ESA. what am I supposed to do?
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5 years 8 months ago #215135 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to nothing
Bramble
Re the ESA. Did you say that you would be providing more information once you have received the paper work? If not then contact the DP again and make them aware of this, they should give you 28 days to do this although this includes postage time, so send the information in as soon as you can.
You can make a claim for JSA immediately there is no waiting time, once your claim is accepted and in payment then you can present a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks. If your MR is unsuccessful then you can appeal and receive the ESA Assessment rate while yo wait for a hearing.
However, if you in a Universal Credit Full Service area then you cannot claim JSA only UC. Think carefully before doing this and if necessary get face to face advice, once you claim UC you cannot return to what are now called "legacy" benefits such as ESA.
Payments for UC do not start for five weeks at best, which could be close to the time an MR will take, you will also be expected to search for work although you may be able to limit this with a Fit Note but you will be reassessed for Limited Capability for Work (effectively ESA again), the new Decision resulting from this will supersede and revised Decision from your ESA MR or appeal.
Gordon
Re the ESA. Did you say that you would be providing more information once you have received the paper work? If not then contact the DP again and make them aware of this, they should give you 28 days to do this although this includes postage time, so send the information in as soon as you can.
You can make a claim for JSA immediately there is no waiting time, once your claim is accepted and in payment then you can present a new Fit Note and be excused from your Claimant Commitment for up to 13 weeks. If your MR is unsuccessful then you can appeal and receive the ESA Assessment rate while yo wait for a hearing.
However, if you in a Universal Credit Full Service area then you cannot claim JSA only UC. Think carefully before doing this and if necessary get face to face advice, once you claim UC you cannot return to what are now called "legacy" benefits such as ESA.
Payments for UC do not start for five weeks at best, which could be close to the time an MR will take, you will also be expected to search for work although you may be able to limit this with a Fit Note but you will be reassessed for Limited Capability for Work (effectively ESA again), the new Decision resulting from this will supersede and revised Decision from your ESA MR or appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 8 months ago #215158 by bramble
Replied by bramble on topic ESA to nothing
Thank you Gordon.
I am still in the JSA area. I'll go into the the citz advice next week and see if they can help me.
I am still in the JSA area. I'll go into the the citz advice next week and see if they can help me.
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5 years 6 months ago #218694 by bramble
Replied by bramble on topic ESA to nothing
Just an update. So I went to CAB, they did a mandatory recon, that was turned down. So they started the appeal process for me. Just got a phone call from the DWP, the appeal has been stopped as they have decided to reinstate my benefits. They are putting me back into the support group, backdated to when it was stopped.
I never did claim any other benefit as I decided to take your advice and wait and see. Have been living off my PIP and small amount of savings.
So relieved.
Why do we have to go through all this? But also starting to worry again as apparently the maximum time they can give you is two years. That means I have to go through all this again and again.
Anyway, thanks for all your help.
I never did claim any other benefit as I decided to take your advice and wait and see. Have been living off my PIP and small amount of savings.
So relieved.
Why do we have to go through all this? But also starting to worry again as apparently the maximum time they can give you is two years. That means I have to go through all this again and again.
Anyway, thanks for all your help.
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5 years 6 months ago #218708 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA to nothing
Bramble
Very pleased that this was resolved in your favour without you having to attend a Tribunal hearing, well done for fighting your corner.
Gordon
tags: @RESULT @APPEAL
Very pleased that this was resolved in your favour without you having to attend a Tribunal hearing, well done for fighting your corner.
Gordon
tags: @RESULT @APPEAL
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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