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DWP phoned and said "We want to start again"

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11 years 4 months ago #95947 by Gordon
Olivia

I suggested it as a possibility :)

You are correct that a claimant cannot appeal against being transferred to ESA, however, the process must be done in a proper manner and if the DWP do not discharge their responsibility to do this, then the transfer can be negated and the claimant placed back on IB.

However, until you hear from the DWP this is all supposition.

Whilst you are considered to be on ESA, then your appeal is against that ESA Decision.

You say your ESA stops from 07/12 is this because you have been on ESA(CB) for a year?

You also say you have received a form, which I assume is an ESA50?

As you were Found Fit for Work, there should be no reason for you to receive one until a Decision is made on your appeal against that FfW Decision is made. However, if you were placed back onto IB, then a new ESA50 would make sense.

You need to contact the DWP again to find out what is going on, I would suggest you ask for a call back from a Customer Manager, you are just wasting your time speaking to the call centre staff.

Gordon

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  • Olivia
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11 years 4 months ago - 11 years 4 months ago #95952 by Olivia
I was transferred up to a Tribunal DWP person from the call centre.

She was surprised when I told her I have been on ESA ten months as the system shows me on IB with Income Support !

I could not be put through to the man, with the Scottish accent, who initially phoned me to say he wants to start again and the judge would kick the case back at him if he proceeds to tribunal.

But whoever he is it is higher than the appeals DM the call centre put me through to.

I have been seeing a CAB advisor for 8 months. He has never heard of being put back on IB.

The DWP found me fit for work. If I had not appealed I would be signing on ? So how can the DWP now pay me a benefit based on accepting for the same period I was in fact unfit for work?

My friend says wait for further DWP letters. Pocket the money and then go the ATOS route again with all this history on record as appeal ammunition if they try allocating zero points again.

It is OK to say see an experienced advisor but it seems the experienced advisors have never experienced DWP doing this.
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95959 by Gordon
Olivia

I've seen a couple of Tribunal Decisions where the transfer was declared illegal and the claimant placed back on their original benefit.

There are basically two potential scenarios.

Your transfer is deemed not to have happend, you are placed back on IB and are paid the difference between IB and the ESA Assessment rate. At some time, maybe immediately, you will be transferred again.

You are held to have been transferred, you appeal the Fit for Work Decision and a it is decided at a Tribunal hearing, if successful you are paid the difference between the Assessment rate and the rate for whichever group you are placed in.

You can make a new claim for ESA, however, as you were previously on IB you will not be able to meet the NI Contribution requirement for ESA(CB), so you will only be able to claim ESA(IR), you haven't commented on your personal circumstances, so I don't know whether this will make a difference.

Can I ask again, have you received another ESA50?

Gordon

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  • Olivia
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11 years 4 months ago - 11 years 4 months ago #95963 by Olivia
Thanks Gordon Yes I have received ESA 50,

So you are saying it is open to a Tribunal to negate the transfer and place me back on IB to let DWP have another slice of the cherry ?

So it appears that DWP have put their hands up to maladministration and put me back on IB ?

In which case my friend's advice seems sound. I should get a back payment of 10 months IB (less the ESA paid) then get ready to go the appeal route again if they once again try zero points?

Thanks again
Last edit: 11 years 4 months ago by Gordon.

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11 years 4 months ago #95968 by Gordon
Replied by Gordon on topic Re:DWP phoned and said
Olivia wrote:

Thanks Gordon Yes I have received ESA 50,

So you are saying it is open to a Tribunal to negate the transfer and place me back on IB to let DWP have another slice of the cherry ?

So it appears that DWP have put their hands up to maladministration and put me back on IB ?

In which case my friend's advice seems sound. I should get a back payment of 10 months IB (less the ESA paid) then get ready to go the appeal route again if they once again try zero points?

Thanks again

It is important that you get a definitive statement from the DWP as to what is happening with your claim, as it goes towards defining what payements you should have been receiving, and therefore what back payments should be made.

Gordon

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  • Dave
11 years 4 months ago #96026 by Dave
I don't know if this will help as I was never on IB, but last year I proved my ATOS medical was flawed, what ensued made me suicidal, as I could not get any answers from DWP on which group I was in. I had to bring my MP into it, who pushed things along, and I was finally given a number of a person who was looking into my case. I had my original medical in February 11 and found fit for work, I appealed and had a date in August for the Tribunal, ATOS contacted us in July confirming the medical was flawed and informed DWP, they cancelled the appeal.
I now know if this happens you go back to the start, for me I was paid the £67.50 and had to send in medical notes. I was sent a new ESA50 to complete, and informed if I pass this medical it will be back dated until February. I had big arguments concerning how they could backdate a medical when so much time had past (at the time of the 1st medical I was awaiting heart surgery).
I was also informed that if the tribunal had been allowed to go ahead, the same outcome of having to complete a new ESA50 and medical would have to go ahead.
I completed the form in August 11 and still had to chase for the medical via my MP in October, as if you are in the 1st stage it should be completed in 6 weeks. Within days we had a date for the medical - the next week.
Both myself and my wife were in bits for the medical and it was stopped by the HCP due to my mental state.
I received a phone call from the DWP (complaints person) and my MP's affice the next day that I had been put in the Support group backdated to February, and within days all the paperwork was through.
They confirmed this shouldn't have happened, but I suspect it still is.
I know this is longwinded but might help to understand what happened to me. I have received another ESA50 which was returned in August 12, and I have heard nothing since, so back in limbo land again, but refuse to chase it.
All I can say is good luck.

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