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Contribution esa confusion
- DJMH15
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5 days 5 hours ago #298494 by DJMH15
Contribution esa confusion was created by DJMH15
I am sorry again, I have just had a letter. I was taken off esa last week, and the DWP said it was a mistake. I was on a contribution and income top up but did not know. An inheritance took me just over the allowed savings so I had phoned to cancel it.
I have now been put back on it, but it is new style esa now.
The letter says I am in the limited capability for work group…is this correct, what does it mean? I am in esa support group and have never been in the work related group.
It also says I may need to attend work focused interview with an adviser. This will make me ill.
It says if I think the decision is wrong that I have one month to do a mandatory reconsideration. Shouldn’t I be in the lowcra group, and not be made to have workfocused interviews? Very confused and worried.
I have now been put back on it, but it is new style esa now.
The letter says I am in the limited capability for work group…is this correct, what does it mean? I am in esa support group and have never been in the work related group.
It also says I may need to attend work focused interview with an adviser. This will make me ill.
It says if I think the decision is wrong that I have one month to do a mandatory reconsideration. Shouldn’t I be in the lowcra group, and not be made to have workfocused interviews? Very confused and worried.
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- David
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5 days 2 hours ago #298503 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Contribution esa confusion
Hi DJMH15,
I would phone ESA as soon as possible and inform them that you cannot be moved from the Support Group ( LCWRA ) into the WRAG ( LCW ) without first having had a WCA ( work capabilities assessment).
If they don't admit the error then you will have to write up a mandatory reconsideration.
Let me know how you get on.
David
I would phone ESA as soon as possible and inform them that you cannot be moved from the Support Group ( LCWRA ) into the WRAG ( LCW ) without first having had a WCA ( work capabilities assessment).
If they don't admit the error then you will have to write up a mandatory reconsideration.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- DJMH15
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4 days 10 hours ago #298523 by DJMH15
Replied by DJMH15 on topic Contribution esa confusion
Thank you David
Is it right that they should not reassess you but move you straight into the group? Then assess if they want to?
Also, what should I do if I get a demand to go down to this interview before it is sorted? Should I sign a claimant commitment to work, on the basis that if I don’t they could close the claim again, as I would be refusing to look for work because I am in the wrong group and shouldn’t be made to, but they won’t care about that and will say sign it or we close the claim?
Is it right that they should not reassess you but move you straight into the group? Then assess if they want to?
Also, what should I do if I get a demand to go down to this interview before it is sorted? Should I sign a claimant commitment to work, on the basis that if I don’t they could close the claim again, as I would be refusing to look for work because I am in the wrong group and shouldn’t be made to, but they won’t care about that and will say sign it or we close the claim?
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- Chris
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4 days 7 hours ago #298526 by Chris
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Replied by Chris on topic Contribution esa confusion
Hi DJM,
As far as I'm aware, you're only placed in a relevant group, after an assessment. I would make them aware if they want you to sign a claimant commitment, of what you're happy with and what not. Explain your health reasons why, and the impact of being 'forced' or 'coersed' into signing something you're not happy with, is likely to impact your mental health. I found with my work coach that they were happy to help me, not force me into something I was unable to do, but I agreed to do things such as online courses, and walking for my own health. I am still waiting on a upper tier courts decision having been placed in LCW group, and fighting for LCWRA since June 2023, an error of law was found to be made by the the first tier, but as of yet, nothing - so you could be in for a long wait unfortunately, should you need to progress your claim any further.
Chris.
As far as I'm aware, you're only placed in a relevant group, after an assessment. I would make them aware if they want you to sign a claimant commitment, of what you're happy with and what not. Explain your health reasons why, and the impact of being 'forced' or 'coersed' into signing something you're not happy with, is likely to impact your mental health. I found with my work coach that they were happy to help me, not force me into something I was unable to do, but I agreed to do things such as online courses, and walking for my own health. I am still waiting on a upper tier courts decision having been placed in LCW group, and fighting for LCWRA since June 2023, an error of law was found to be made by the the first tier, but as of yet, nothing - so you could be in for a long wait unfortunately, should you need to progress your claim any further.
Chris.
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- DJMH15
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2 days 8 hours ago #298555 by DJMH15
Replied by DJMH15 on topic Contribution esa confusion
I don’t think you understand.
I have been in the support group for 14 years, substantial problems, regularly in hospital and ongoing treatment.
The dwp made a mistake and closed my legacy esa claim by mistake, which they stated. Then opened it a day later as a new style claim.
They have me in the support group still, but also in lcw….
I am also concerned that any changes to the wca regarding substantial risk may no longer apply to me, that i will be treated as a new claim when actually it is a legacy claim, minus one day of it being closed, due to their admitted error….
Please can so someone advise me?
The letter i fot was sent on the 17th, but only came on the 24th…so i am waiting for a call from them which hasnt come. I will have to start a mandorty reconsideration just in case.
I am stressed to the top of my levels.
I have been in the support group for 14 years, substantial problems, regularly in hospital and ongoing treatment.
The dwp made a mistake and closed my legacy esa claim by mistake, which they stated. Then opened it a day later as a new style claim.
They have me in the support group still, but also in lcw….
I am also concerned that any changes to the wca regarding substantial risk may no longer apply to me, that i will be treated as a new claim when actually it is a legacy claim, minus one day of it being closed, due to their admitted error….
Please can so someone advise me?
The letter i fot was sent on the 17th, but only came on the 24th…so i am waiting for a call from them which hasnt come. I will have to start a mandorty reconsideration just in case.
I am stressed to the top of my levels.
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- David
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2 days 7 hours ago #298562 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Contribution esa confusion
Hi DJMH15
You may be able to get confirmation of your claim dates online via a Proof of Benefit letter.
secure.dwp.gov.uk/get-a-proof-of-benefit-letter/
If this does not work you could request from ESA a letter confirming their error and confirming the start date of your claim. You could mention that if they decline to issue the letter you would ask for all your Benefit records through a Subject Access Request ( SAR ).
Let me know how you get on.
David
You may be able to get confirmation of your claim dates online via a Proof of Benefit letter.
secure.dwp.gov.uk/get-a-proof-of-benefit-letter/
If this does not work you could request from ESA a letter confirming their error and confirming the start date of your claim. You could mention that if they decline to issue the letter you would ask for all your Benefit records through a Subject Access Request ( SAR ).
Let me know how you get on.
David
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