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Can I postpone IB to ESA transfer?

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12 years 5 months ago #71274 by Remmy
Can I postpone IB to ESA transfer? was created by Remmy
Hi everyone,

Ok Short Version...

Can I postpone a transfer from IB to ESA?

Long Version...

I am in the situation that my recent DLA renewal has been refused (without a single request for a medical report from GP or hospital, or even a medical examination no less) and I am going to have to request a reconsideration, then if unsuccessful to go to appeal.

I then received 'the brown envelope' saying that I am being transferred to ESA and required to have a medical examination.
This ESA questionnaire/paperwork has to be returned around the same time as my DLA reconsideration paperwork. I am also having to try and write something up without a 'statement of reasons' and 'copies of any evidence used' because they still havent sent me them (been over 2 weeks).


So does anyone know if there are any mitigating circumstances, such as this, that allows you to postpone the IB to ESA transfer (specifically having to complete forms etc yet)?

Basically the stress of all this is difficult to handle, especially when dealing with chronic pain day in day out. Not only the paperwork right now, but if my DLA reconsideration is refused so I have to take it to appeal, then my ESA claim is also unsuccessful and I have to take that to appeal, I will have to be dealing with not one, but two different appeals and all the paperwork etc in between.

While everyone here (or just me?) would like to complain that the whole ESA thing is unfair, I do really feel that having to try and deal with two different sets of benefits in this way unfair.
Surely there is a way to have my IB temporarily frozen/put on hold until after my DLA claim has been 'resolved' (whether in my favour or not, but at least until the end of an appeal hearing)?

I really dont think this is an unreasonable request to make :(


Thank you for any help/advice you can give

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12 years 5 months ago #71277 by Gordon
Replied by Gordon on topic Re:Can I postpone IB to ESA transfer?
Remmy

I think it unlikely in the extreme, as there is no legal precedent for this to happen, but you can try contacting your local DWP office to ask.

Make sure, in case someone actually does say yes, that you get confirmation in writing, because a failure to return your ESA50 by the required date, without Good Cause, can result in you losing your IB award.

Gordon

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12 years 5 months ago #71279 by Remmy
Replied by Remmy on topic Re:Can I postpone IB to ESA transfer?
Gordon wrote:

Remmy

I think it unlikely in the extreme, as there is no legal precedent for this to happen, but you can try contacting your local DWP office to ask.

Make sure, in case someone actually does say yes, that you get confirmation in writing, because a failure to return your ESA50 by the required date, without Good Cause, can result in you losing your IB award.

Gordon



Yes this is what I thought :S


Local DWP office?
What is the relationship between local and national (Birmingham) DWP offices?

I noticed my DLA renewal had to be sent back to Birmingham and when I asked why instead of the office I returned it to last time, they said your local DWP office only deals with your 1st application and then it is completely dealt with by Birmingham and their decision makers...
Is this correct?


Thank you for your reply!

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12 years 5 months ago #71281 by Gordon
Replied by Gordon on topic Re:Can I postpone IB to ESA transfer?
Remmy

DLA is managed differently from ESA, so whilst your first claim is handled by your local office, subsequent claims should be managed out of the DLA unit in Blackpool.

ESA is managed from your local DWP office, the address and a telephone number should be on any of the letters you have had about the transfer.

Just to confuse things even further, the DWP centralises it's mail collection into regional centres, so as an example, my mailing address is Birmingham, but the office that deals with my claim is over 60 miles from there and 35 miles from where I actually live.

Gordon

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12 years 5 months ago #71282 by Remmy
Replied by Remmy on topic Re:Can I postpone IB to ESA transfer?
Ok thank you for clearing that up for me :)

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12 years 5 months ago #71315 by slugsta
Replied by slugsta on topic Re:Can I postpone IB to ESA transfer?
don't forget that appeals are taking a long time, so at least that should give you a bit of breathing space ...

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