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ESA stopped

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2 years 6 months ago #272093 by Gary
Replied by Gary on topic ESA stopped
Hi L

Some Employment and Support Allowance (ESA) claimants don’t need to ask for a mandatory reconsideration before they ask for an appeal. You can go straight to appeal if this is the first time you have claimed ESA and you got no award, or if you have claimed for ESA again and you have received no award for the first time but have received a reward previously.

I would advise you to seek help from your local Welfare Rights Organisation; you can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk

Gary

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2 years 6 months ago #272102 by L
Replied by L on topic ESA stopped
Hi Gary

This appeal is based on my ESA being stopped due to apparently being 1p over the permitted work limit for 3 weeks. (£143 was the limit and I earned £143. Aparently £142.99 is the actual limit).

I had a mandatory reconsideration via phone when my ESA was stopped. I have received no letters since then, I rang ESA up and said the mandatory reconsideration had been declined and I'd have to repay overpayments from march to may.

I then put in an appeal to the tribunal, who have said it can't go ahead until they have proof of the mandatory reconsideration.

I've asked ESA for this letter 4 times now. On the phone, and in letters I've sent to them. On the phone they keep saying theyre sending me the letters and they just dont arrive.

They've also not responded to my SAR.

The tribunal say I've got until 17th July until I send proof of this. I'm afraid I've not got enough time to contact any organisations about this. My MP is helping me but says they're ignoring him too.

Thanks for any help

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2 years 6 months ago #272110 by BIS
Replied by BIS on topic ESA stopped
Hi L

I'm sorry you are going through this. I would ring up the DWP and ask to speak to a case manager about your case. It is ridiculous they are not sending the paperwork. You should get a call back from a case manager. I honestly don't know what else you can do at this stage.

BIS

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The following user(s) said Thank You: L

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2 years 6 months ago #272132 by Gary
Replied by Gary on topic ESA stopped
Hi L

Just a quick thought, you may want to get your MP involved, you will be surprised how quick things move when a MP get involved.

Not all MP's are pro-active, some are much better than others, but it is worth a try.

Gary

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: s.jmoore@blueyonder.co.uk

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2 years 6 months ago #272148 by L
Replied by L on topic ESA stopped
Hello and thank you so much for your messages back to me. I wanted to update you on what's happened since my last message.

I'm so anxious about this whole thing and my mental health has taken such a nose dive lately that I'm barely leaving the house at all.

So the update:-

The tribunal have sent me and DWP new instructions. They say that ESA have NOT yet completed the mandatory consideration decision. I.e MR is still ongoing.

The tribunal have instructed DWP to make their decision within a time period (beginning of august) as it is taking so long. Also, if I receive the MR papers before 28 days I'm to send the MR decision letter (of denied) and the tribunal can go ahead. If its after this, I'll have the opportunity to make a new appeal to tribunal.

I don't understand why the lady on the phone told me it had been denied and I'd have to pay back overpayments. I feel like they want people to go crazy and not even try to get back into work.

I'm in regular contact with my MP about it all already, he says they're not getting back to him either about anything. He's rang up twice now.

I've also sent in a complaint form about the whole ordeal because it just seems like they're doing their best to make my mental health that bad that I just quit the small amount of work I'm doing.

Sorry to rant, it just doesn't seem fair and makes no sense.

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2 years 6 months ago #272150 by BIS
Replied by BIS on topic ESA stopped
Hi L

It is quite clear you are being given the runaround and when you feel strong enough and if you want to - you should put in a complaint.

I am glad to hear the Tribunals Service has instructed the DWP to act and let us hope they do so and this issue can be resolved to your satisfaction.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: s.jmoore@blueyonder.co.uk, L

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