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ESA. Sanctioned, claim closed with no recourse
- tanyayoung
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1 month 4 weeks ago #299922 by tanyayoung
ESA. Sanctioned, claim closed with no recourse was created by tanyayoung
Hi all,
In August 2024 my ESA was stopped as DWP had not received requested evidence. I told them I hadn't been asked to send any evidence. DWP told me I had to send in bank statements from when I opened my account to the Compliance Team. This amounted to 8 years of bank statements! I duly printed the statements, at a huge cost of ink and paper to me, and sent them off in the envelopes provided by DWP. According to the Compliance Team they never received them. I told the adviser I could send them again but the Compliance Team said it was too late as they had closed my claim and i would have to apply for UC. This would mean I would lose all back dated monies. I was distraught. After a couple of weeks I asked for Mandatory Reconsideration, the ESA adviser told me that was fine. I never heard anything more, no letters, no forms. When a few weeks later I queried what was happening I was told they had found in my favour. I asked when I would receive ESA again? She said the Mandatory reconsideration was only that I didn't owe DWP any money. The previous adviser had put in a Mandatory reconsideration for the wrong thing. Not for the closure of my ESA.
I still have had no letters of explanation.
I can't appeal and go to Tribunal because because the Mandatory reconsideration was applied to the wrong thing.
I'm at a loss now. I don't know if there's any recourse now or if I just have to give up and claim UC and lose all of that money I should be owed.
Does anyone have any ideas or suggestions to help?
Thank you
Tanya
In August 2024 my ESA was stopped as DWP had not received requested evidence. I told them I hadn't been asked to send any evidence. DWP told me I had to send in bank statements from when I opened my account to the Compliance Team. This amounted to 8 years of bank statements! I duly printed the statements, at a huge cost of ink and paper to me, and sent them off in the envelopes provided by DWP. According to the Compliance Team they never received them. I told the adviser I could send them again but the Compliance Team said it was too late as they had closed my claim and i would have to apply for UC. This would mean I would lose all back dated monies. I was distraught. After a couple of weeks I asked for Mandatory Reconsideration, the ESA adviser told me that was fine. I never heard anything more, no letters, no forms. When a few weeks later I queried what was happening I was told they had found in my favour. I asked when I would receive ESA again? She said the Mandatory reconsideration was only that I didn't owe DWP any money. The previous adviser had put in a Mandatory reconsideration for the wrong thing. Not for the closure of my ESA.
I still have had no letters of explanation.
I can't appeal and go to Tribunal because because the Mandatory reconsideration was applied to the wrong thing.
I'm at a loss now. I don't know if there's any recourse now or if I just have to give up and claim UC and lose all of that money I should be owed.
Does anyone have any ideas or suggestions to help?
Thank you
Tanya
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- David
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1 month 4 weeks ago #299932 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic ESA. Sanctioned, claim closed with no recourse
Hi tanyayoung
You can refer the issue to appeal using the SSCS1 form. You just need to give full details of the circumstances and why you have passed the 1 month deadline ( mitigating circumstances ). You should get all your personal internal files from the DWP via a SAR ( subject access request ). You should do this both by phone to the ESA department and using the DWP online facility here-
secure.dwp.gov.uk/personal-information-request/name
You should make a claim to UC to ensure you have current income as there will be several months wait until your tribunal hearing. A new UC claim will not impinge on the decision of the Tribunal.
It is a good idea to have a companion with you at the Tribunal so I would request assistance now from your local Citizens Advice or similar Welfare Advice agency.
I would also write to your local MP describing in full the issue with your ESA. The MP has channels of communication with senior DWP management and there may be a chance that this can be resolved before a Tribunal hearing.
Let me know how you get on.
David
You can refer the issue to appeal using the SSCS1 form. You just need to give full details of the circumstances and why you have passed the 1 month deadline ( mitigating circumstances ). You should get all your personal internal files from the DWP via a SAR ( subject access request ). You should do this both by phone to the ESA department and using the DWP online facility here-
secure.dwp.gov.uk/personal-information-request/name
You should make a claim to UC to ensure you have current income as there will be several months wait until your tribunal hearing. A new UC claim will not impinge on the decision of the Tribunal.
It is a good idea to have a companion with you at the Tribunal so I would request assistance now from your local Citizens Advice or similar Welfare Advice agency.
I would also write to your local MP describing in full the issue with your ESA. The MP has channels of communication with senior DWP management and there may be a chance that this can be resolved before a Tribunal hearing.
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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