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TOPIC: ESA payments stopped 1st May 2018

ESA payments stopped 1st May 2018 2 weeks 1 day ago #211753

  • Gordon
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  • Posts: 36301
Josie

I can't advise you about whether you should claim UC or not, all I can do is make you aware of the issues if you do. As I said, there is no other benefit available to you at the moment but once you are on UC then there is no option for you to return to ESA whatever happens with your challenge.

To confirm, this is your first Fit for Work Decision or the first since you had an award of ESA. If it isn't then ESA is not payabla anyway.

Do you claim any other Income Related benefits such as Housing Benefit? These will also be covered under Universal Credit.

You mention that you receive DLA Lower Rate Care, do you reasonably expect to meet the PIP Daily Living criteria? This would be roughly equivalent to DLA Mediun Rate Care.

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 2 weeks 1 day ago #211780

Hi Gordon,
Yes, this is my first Fit for Work Decision since I first claimed ESA back in July 2011, when the hospital dismissed me on incapacity due to ill - health. R.A.
I've always been in the wrag group.
Yes, I claim council tax benefit.
Advocacy helped me appeal DLA 4 years ago.As I wasn't going to appeal, but Advocacy strongly advised me and sat beside me the whole hour of questioning me. The board didn't increase the level , but made it an indefinite one, adding, if condition gets worse, get back to them.
Yes, I should meet the PIP daily living criteria -
Do I need to get a FIt for Work note from the GP this week and post it to DWP ?
Many Thanks Again,
Josie.

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ESA payments stopped 1st May 2018 2 weeks 1 day ago #211791

Hi Gordon,
Update - DWP rang me this morning - Tuesday. In reference to my MR. He is going to send my ESA 85 with an extension of time on my Mandatory Reconsideration. Though, briefly looking through my ESA reassessment claim, he feels it was the correct decision made at the WCA in February - capable of some type of work. I said the RA has definitely worsened over the past 2 years and gave examples. He said I can follow up with Mandatory Reconsideration with CAB help. Meanwhile claim JSA and asked if I'd claimed JSA before. No, I replied, and went onto question this when the RA has worsened over the past 2 years ? He said I drive a car - yes, the RA flares always effect the right side of my body, hence, I have to rest my right arm and hand on the door handle as it aches, whilst driving. I need a car to drive to Tescos - it's 10 minute drive there and back. Any longer ; it's unbearable, despite the meds. I have to lean heavily on the trolley - always.
I told him I'd rung DWP Friday and advised to claim UC. He said oh, continue to claim UC then, but ring them today to find out what your status is and ask for money. Also, see your GP for an extended period of sickness Fit For Work note.
I noted his name, ; he refused to give his surname, saying, he never gives that out, named place he was and what time he rung.
Before I do anything ; I'd greatly appreciate your advice.
Many Thanks,
Josie.

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ESA payments stopped 1st May 2018 2 weeks 1 day ago #211811

  • Gordon
  • Away
  • Posts: 36301
Josie

The question, which I can't answer, is do you need the money in the time it takes for your MR to complete or not? If you do then UC is the only way that you will receive anything, if you don't then consider holding off until your MR is completed and your ESA is either re-instated or you go onto appeal.

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 2 weeks 7 hours ago #211872

Hi Gordon,
Thank you - maybe not at the moment - I'd rather hold out for reinstatement of ESA.
My local MP caseworker emailed me back, saying he wasn't able to help me with MR / Appealing the decision, but advised me to go ahead with it.
Many Thanks Again,
Josie.
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