Login FormClose

Free ESA, PIP and DLA Updates

With over 140,000 subscribers our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare.   Get your free benefits updates now.
Welcome, Guest
Username: Password:
Remember me
Members

TOPIC: ESA(IR) disability top-up

ESA(IR) disability top-up 8 months 4 weeks ago #182374

Housebound disabled and claiming ESA for myself and partner who stopped working in order to care for me. Was kept on initial rate £114.85 p.w. for 13 months and then placed in the WRAG, despite being housebound disabled

Submitted request for mandatory reconsideration November'16 and DWP have still done nothing, although they confirm having received my request 20Nov

Believe we qualify for both disability premium at £45.95 p.w. and enhanced disability premium at £22.60 p.w. on grounds of claiming PIP, but which should we be getting, or are we entitled to both?

Please Log in or Create an account to join the conversation.

ESA(IR) disability top-up 8 months 4 weeks ago #182400

D

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

My full name is showing, how can I stop it?


The Disability Premium is not payable with ESA.

To receive the Enhanced Disability Premium, one of you will need to have an Enhanced Daily Living award for PIP.

To be placed in the Support Group you must show that you meet one or more of the associated SG Descriptors. See the ESA Claim guides for details.

www.benefitsandwork.co.uk/help-for-claimants/esa1

I would contact your MP about the delay in processing your MR.

Contacting your MP

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA(IR) disability top-up 8 months 4 weeks ago #182427

Many thanks Gordon

Unfortunately, my MP is well aware of the full history of this claim, yet does nothing bar writing to local DWP area manager & getting the same response as me i.e. "there is no restriction/guidelines on how long a mandatory reconsideration can take"

Please Log in or Create an account to join the conversation.

ESA(IR) disability top-up 8 months 4 weeks ago #182443

Darren Jones wrote: Many thanks Gordon

Unfortunately, my MP is well aware of the full history of this claim, yet does nothing bar writing to local DWP area manager & getting the same response as me i.e. "there is no restriction/guidelines on how long a mandatory reconsideration can take"


Whilst there is indeed specific timescale for an MR to be completed the DWP are required to make reasonable efforts to do so in a reasonable time and it is difficult to see how three months can be considered as reasonable. I would consider making a formal complaint especially if you have suffered financial hardship because of this.

Complaining to the DWP

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems

ESA(IR) disability top-up 8 months 4 weeks ago #182597

Again, many thanks for your reply Gordon.

I phoned the ESA helpline this morning and it appears my MR has now been passed to a decision maker whom must make a decision within 14 days. They apologised and were bemused at the delay

My local job centre advisor had requested a visit from the home visit team because I had not attended a back to work interview at the job centre. They too were horrified by what has been happening with my claim, including leaving me on the initial rate for 13 months and said they would be writing a full report. Perhaps this has served as the necessary shifter in getting my claim allocated to a decision maker.

Fingers crossed, this decision maker will realise that someone whom is housebound disabled, cannot possibly attend work focus, or any other kind of interviews at the job centre and therefore should not be placed in the WRAG.
The following user(s) said Thank You: Gordon

Please Log in or Create an account to join the conversation.

ESA(IR) disability top-up 8 months 2 weeks ago #183108

I received the decision notification notification today and they have failed to change their decision because apparently, work focussed interviews can be carried out by telephone, one to one, in groups and online. Perhaps someone should have told my work advisor and their manager, both of whom insisted I attend in person.

The letter claims that I attended a work capability assessment which never happened. In fact my GP refused permission for them to carry out an assessment. The letter goes on to say "the opinion of the healthcare professional in the report ESA85A" was that I am unfit for work. The decision maker admits that I am housebound disabled, but claims I do not meet any of the criteria for the support group, No.1 of which reads:

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.
Cannot either
(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion
or
(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

Obviously I will go ahead with an appeal to the tribunal, but very annoyed as this will cause further harm to my health and wellbeing and is completely unnecessary.

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonMrs Hurtyback