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TOPIC: ESA payments stopped 1st May 2018

ESA payments stopped 1st May 2018 6 months 1 week ago #211647

Hello,

Received brown envelope this morning, telling me ESA payments shall stop 1st May.
So given Tel No. to ring 0800 169 0310 .

Scored 9 points for physical capability. For standing and sitting.
No points for mental, cognitive and intellectual capability.
So 9 points total.

The Rheumatoid Arthritis has definitely worsened over the past 2 years.
I was telling the assessor this, including giving examples of the impact of every day activities.
Mainly, I emphasized how my body needs to lie down the majority of each day.

Please can you help by telling me how to challenge the decision.

Kind Regards,

J.

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ESA payments stopped 1st May 2018 6 months 1 week ago #211660

  • Gordon
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josie

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this needs to be done in writing to the DWP, within one month of the Decision, to the office that dealt with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.

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

You should contact the DWP for a copy of the assessment report (ESA85), if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Your primary task is to show that you meet the criteria, there are many reasons you may have failed, you need to address each of these but don't get bogged down in criticising the assessment report unless you can clearly show that it is incorrect, it is a lot easier to argue the facts of the situation;

"the assessor recorded that I walked 50m, I did but they have failed to document that I had to stop every 10m for a rest due to breathlessness"

than their opinions

"based on my observations of the claimant walking I believe that they can reliably walk more than 200m.

When you have a better idea of the issues with your claim, come back to the forum and we will do our best to help.

Gordon

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

ESA payments stopped 1st May 2018 6 months 1 week ago #211725

Hi Gordon,
Thank you - I rang the Tel No on the DWP letter. First, they looked up my post code to see whether I live in a Live Universal Credit area. She told me I did. Then advised me to ring and apply for Universal Credit - whilst my application for a Mandatory Reconsideration is currently going through. I did this right away Friday 4th May.
She bought up my file re Nat insurance no. to do this. I'm taking your advice on following it up in writing to post Tuesday. Plus asking for the ESA85.
How long before I get any money through ? ( Bank Holiday weekend ).
As from 1st May - DLA low rate care is £ 22 per week.
The lady said I'll get paid UC whilst the MR is going through. Is this correct ?
I've written to my local MP for support.
I rang Rheumatology 3 weeks ago - they can't see me until 30th May.
Now I'm going to write and ask Rheumatology Consultant / Nurse to write a letter in support of my ESA claim. Then pick up the letter when I see them 30th May.
( I'm kicking myself as both my boyfriend and mother passed away 1st November 17. And mother 27th January 2018. My WCA was 15th February. DWP did write a letter ; acknowledging my bereavement + offering bereavement payment , but I didn't respond / take the offer up. I live alone.
Furthermore, I should of asked for my WCA to be delayed. As wasn't prepared / in the right mind, but wanted to get it over with - stupid mistake ).
Yet again, I wish I was 5 years older and claiming my pension.

Thanking you,
J.

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ESA payments stopped 1st May 2018 6 months 1 week ago #211726

  • Gordon
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  • Posts: 39789
Josie

I try not to answer questions over the weekend but I am answering as you still have a chance to change you mind about claiming UC.

If you claim goes into payment then you cannot return to ESA even if the Decision in revised in your favour.

UC does not usually go into payment for six weeks although you may be able to get an advance which will then be deducted from your first payments

UC is totally separate from ESA, as a result you will be considered Fit for Work and required to seek work, you can present a new Fit Note which will start a new assessment process after four weeks. A new ESA50 (actually a UC50) and a new face to face assessment. Any Decision from this will supersede any revised Decision from your ESA claim.

If you received any Premiums as part of your ESA then be aware that these are not payable under UC and you are not entitled to any Transitional Protection, meaning that you could be worse off under UC..

You can still close your UC claim but it is the only benefit available to you at the moment. MRs typically take 5-8 weeks, if the Decision is not revised then you can go onto appeal and receive ESA at the Assessment rate until your appeal is heard.

Gordon
The following user(s) said Thank You: chris

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

ESA payments stopped 1st May 2018 6 months 1 week ago #211734

Thank you so much Gordon,
When I rang DWP Friday , the lady told me I could apply for UC as a means of payment, until my Mandatory Reconsideration is through. She said I can apply myself on Gov. UK website. Which I did so - but didn't complete the Verify piece at the end. I took her advice, and filled in the claim form and giving my reason in the empty box, saying applying for UC until my ESA Mandatory Reconsideration goes through.
Can I stop the UC claim ? Although, she's applied for a M R for me for ESA.
Can I stop my UC claim and go onto ESA assessment rate ? How do I stop my UC claim ?
Thanks so much for getting back so soon Gordon.
J.

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ESA payments stopped 1st May 2018 6 months 1 week ago #211737

Hi Gordon,
Many thanks again for your sound advice.

As I've filled in the gov.uk UC claim form online , on Friday, after speaking to the DWP call centre lady whom has registered my request for a M R - + she advised me to claim UC in order to get some money in the meantime until my ESA MR goes through. I questioned her on this - having not heard this procedure before - and she said yes, it was quite usual. So I assumed payment would be immediate. ( Thank you for informing me Gordon of 6 weeks or maybe get an advanced payment ).

Furthermore, mother's estate is being dealt with by my 2 sisters - all 3 of us are beneficiaries stated in her Will. ( Father died 2014 ). My sister's are handing Probate themselves of which is now completed and billed £ 800 odd for.
The house is up for sale with estate agents next week for Guide price of £ 245,000.
Hopefully ; house sells shortly then I'll be able to come off claiming benefits.

Furthermore, referring to Mum's Prudential Pension - due to her death end January 2018 ; I'm getting £ 30 - £ 31 per month deposited into my bank account, until March 2020.

Taking everything into account ; what do you advise - in the meantime ?
( I'm 61 ).

Many Thanks Again Gordon.
J.

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