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CB ESA appeal-NEW MEMBER Help-Advice-Direction
- Bob
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1 month 4 weeks ago #299874 by Bob
CB ESA appeal-NEW MEMBER Help-Advice-Direction was created by Bob
Hi New Member looking for Help-Advice and Direction
In very short, April 2023 DWP online application for contribution based (CB) New Style ESA made online with supporting evidence attached. Despite chasing no response from DWP-sent complaint letter to DWP in December 2023.
End of December 2023 received DWP letter stating my claim was not valid. I have chased the DWP up via letters and emails requesting that they provide me a decision notice, statement of reasons and resolve my complaint including paying backdated CB ESA and compensation. There was then no DWP response to numerous emails and letters that I sent.
In April 2024 a DWP letter was received that admitted that the standard of DWP service that they had provided was unacceptable, the DWP apologised and upheld my complaint. Despite this the DWP have done nothing to remedy or rectify my complaint-No CB ESA or any compensation payments have been received. I have furthered my complaint to the independent case examiner (ICE) and am awaiting an outcome but I am unsure what the ICE powers and jurisdiction are.
Again, after further months upon months of DWP chasing emails and letters that in the main were not responded to and without receiving any copy of the requested DWP original decision or a statement of reasons, a mandatory reconsideration notice (MRN) dated 27 Jan 2025 has now been received.
The MRN now says that on 15/05/23 a decision was made that you were not entitled to (NS ESA) as you had not signed a Claimant Commitment. The MRN then quotes that the law used to make this decision: 1) Welfare Reform Act 2007.Section1 and 3, and 2) Social Security Contributions and Benefits Act 1992 Chapter 11,schedule 12.
I have emailed DWP for a copy of their alleged decision of 15/05/23 that they now claim to exist and have been unable to produce a copy of and a statement of reasons for their decision-there has been no response to date.
To date there is no DWP evidence of a DWP alleged decision dated 15/05/23 and there is no DWP evidence of an alleged DWP claimant commitment.
It is my intention to appeal via an SSCS1 -if that is my only option-I would appreciate any Advice-Help-Direction with this and in particular with section 5 -reasons for your appeal.
It is my understanding that I may be able to claim CB ESA payment pending appeal (PPA) but I cannot see any DWP forms or advice on this procedure.
Thanks in advance.
In very short, April 2023 DWP online application for contribution based (CB) New Style ESA made online with supporting evidence attached. Despite chasing no response from DWP-sent complaint letter to DWP in December 2023.
End of December 2023 received DWP letter stating my claim was not valid. I have chased the DWP up via letters and emails requesting that they provide me a decision notice, statement of reasons and resolve my complaint including paying backdated CB ESA and compensation. There was then no DWP response to numerous emails and letters that I sent.
In April 2024 a DWP letter was received that admitted that the standard of DWP service that they had provided was unacceptable, the DWP apologised and upheld my complaint. Despite this the DWP have done nothing to remedy or rectify my complaint-No CB ESA or any compensation payments have been received. I have furthered my complaint to the independent case examiner (ICE) and am awaiting an outcome but I am unsure what the ICE powers and jurisdiction are.
Again, after further months upon months of DWP chasing emails and letters that in the main were not responded to and without receiving any copy of the requested DWP original decision or a statement of reasons, a mandatory reconsideration notice (MRN) dated 27 Jan 2025 has now been received.
The MRN now says that on 15/05/23 a decision was made that you were not entitled to (NS ESA) as you had not signed a Claimant Commitment. The MRN then quotes that the law used to make this decision: 1) Welfare Reform Act 2007.Section1 and 3, and 2) Social Security Contributions and Benefits Act 1992 Chapter 11,schedule 12.
I have emailed DWP for a copy of their alleged decision of 15/05/23 that they now claim to exist and have been unable to produce a copy of and a statement of reasons for their decision-there has been no response to date.
To date there is no DWP evidence of a DWP alleged decision dated 15/05/23 and there is no DWP evidence of an alleged DWP claimant commitment.
It is my intention to appeal via an SSCS1 -if that is my only option-I would appreciate any Advice-Help-Direction with this and in particular with section 5 -reasons for your appeal.
It is my understanding that I may be able to claim CB ESA payment pending appeal (PPA) but I cannot see any DWP forms or advice on this procedure.
Thanks in advance.
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- David
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1 month 4 weeks ago #299883 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic CB ESA appeal-NEW MEMBER Help-Advice-Direction
Hi Bob
Firstly you only have one month from the date of the DWP MR ( 27/01/2025 ) to submit your appeal.
There is normally a wait of several months for an appeal hearing so you could apply for New Style ESA in the meantime, hoping that you meet the contribution conditions.
You should have been invited to a Jobcentre in April or May 2023 to agree a NS ESA claimant commitment. I assume you did not receive this invitation. Is that correct?
Have a read of the BenefitsandWork Guide on Appeals--
www.benefitsandwork.co.uk/?dlp=67bad8ecef43c
Most people appreciate a companion at an appeal. Maybe local Citizens Advice could assist you with this.
Let me know how you get on.
David
Firstly you only have one month from the date of the DWP MR ( 27/01/2025 ) to submit your appeal.
There is normally a wait of several months for an appeal hearing so you could apply for New Style ESA in the meantime, hoping that you meet the contribution conditions.
You should have been invited to a Jobcentre in April or May 2023 to agree a NS ESA claimant commitment. I assume you did not receive this invitation. Is that correct?
Have a read of the BenefitsandWork Guide on Appeals--
www.benefitsandwork.co.uk/?dlp=67bad8ecef43c
Most people appreciate a companion at an appeal. Maybe local Citizens Advice could assist you with this.
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bob
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- Bob
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1 month 4 weeks ago #299898 by Bob
Replied by Bob on topic CB ESA appeal-NEW MEMBER Help-Advice-Direction
Thanks for your reply- To date I have not been invited to or seen any claimant commitment; The first mention of a claimant commitment is in the MRN of 27/01/2025. If the issue is the alleged claimant commitment, could not the DWP completed online and/or emailed me same?
Can I or how do I claim Payment Pending Appeal?
Do you know of any reasons for appeal in this matter that could be argued?
Will download Guide on Appeals.
Can I or how do I claim Payment Pending Appeal?
Do you know of any reasons for appeal in this matter that could be argued?
Will download Guide on Appeals.
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- David
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1 month 4 weeks ago #299900 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic CB ESA appeal-NEW MEMBER Help-Advice-Direction
Hi Bob
I quote - " The MRN now says that on 15/05/23 a decision was made that you were not entitled to (NS ESA) as you had not signed a Claimant Commitment. "
You should have been invited to a Jobcentre to agree the claimant commitment. Your appeal will centre around that.
I would make a Subject Access Request ( SAR ) for all your ESA claim records. I would do this online as per link below and also personally over the phone.
secure.dwp.gov.uk/personal-information-request/name
Let me know how you get on.
David
I quote - " The MRN now says that on 15/05/23 a decision was made that you were not entitled to (NS ESA) as you had not signed a Claimant Commitment. "
You should have been invited to a Jobcentre to agree the claimant commitment. Your appeal will centre around that.
I would make a Subject Access Request ( SAR ) for all your ESA claim records. I would do this online as per link below and also personally over the phone.
secure.dwp.gov.uk/personal-information-request/name
Let me know how you get on.
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Bob
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