Page 1 of 7 123 ... LastLast
Results 1 to 10 of 69

Thread: Failed ESA + Rejected MR - What to do next?

  1. #1

    Unhappy Failed ESA + Rejected MR - What to do next?

    Hi all,

    I'm asking for advice as I have been trying to help my father with this.

    So what's happened so far:

    My dad failed the ESA assessment, we asked for a MR and posted a letter to explain why we disagreed as we felt that they ignored some of the issues or overlooked some of the evidence.

    They've now got back to my father and have said they have not changed their decision.

    My father now wants to take this further to tribunal, though having no income is hurting my parents, especially when housing benefit has also stopped.

    HB has asked for an ESA reward letter, and for my father to fill in a form that he had no income from any sort since his ESA has been cut. (Basically, until hes back on ESA or JSA, he won't be entitled to HB, and until we filled in the income declaration form - I assume this is just for backdating any claims).

    So now, I probably have to provide evidence/letters to support my father's claim for the tribunal.

    But I'm not sure how long the process is, and not sure what to do about the ESA/HB as my parents are starting to struggle after 1 month of no payment.

    So if anyone has any suggestions and experienced this situation similar to my fathers, please let me know what steps you took to cope financially with no ESA + HB and to progress this claim.

    Many thanks.
    J

  2. #2
    Soft bump - no ideas anyone?

  3. #3
    . .............................
    Last edited by tom34; 08-08-2016 at 07:05 PM.

  4. #4
    First of all, you can still be paid housing benefit or local housing allowance even if you are not claiming JSA/ESA ,He should have told the LA soon after his ESA claim was closed by the DWP and made a no income declaration (a form that he would fill in and sign & return)

    Secondly once he sends his application to the tribunals service using the form wich can be downloaded /printed http://hmctsformfinder.justice.gov.u...aflets_id=2724

    SSCS1 send this completed with one copy of the MR ,to the address given ideally within the 28days of the date of the MR , once the tribunal service confirms they have your application and accepted the appeal, to both him and the DWP he can re open his ESA claim by ringing the DWP ,
    ESA will be paid until the appeal is heard at the pre assessment rate, and should i think also get paid all the arrears from date esa paid upto, and date claim restarted
    Last edited by tom34; 08-08-2016 at 07:06 PM.

  5. #5
    Quote Originally Posted by tom34 View Post
    First of all, you can still be paid housing benefit or local housing allowance even if you are not claiming JSA/ESA ,He should have told the LA soon after his ESA claim was closed by the DWP and made a no income declaration (a form that he would fill in and sign & return)

    Secondly once he sends his application to the tribunals service using the form wich can be downloaded /printed http://hmctsformfinder.justice.gov.u...aflets_id=2724

    SSCS1 send this completed with one copy of the MR ,to the address given ideally within the 28days of the date of the MR , once the tribunal service confirms they have your application and accepted the appeal, to both him and the DWP he can re open his ESA claim by ringing the DWP ,
    ESA will be paid until the appeal is heard at the pre assessment rate, and should i think also get paid all the arrears from date esa paid upto, and date claim restarted
    Hi Tom,

    Thank you so much for your reply, it's very much appreciated and saved me a lot of headache from doing this.

    I was wondering if you can tell me what LA stands for? I looked at the abbreviations but couldn't find it.

    HB gave the form, pretty much asking what income he had after ESA was stopped etc, so I assume that was the form you was talking about?

  6. #6
    LA = local authority= council.

    HB the form they sent should do if not you need to ask for a NIL INCOME FORM.

    to be paid assessment rate esa until tribunal, you will need a fit/sick note dated from day esa stopped, this to be given to dwp when asking for esa to be paid, not before.

  7. #7
    Quote Originally Posted by slipmaster View Post
    LA = local authority= council.

    HB the form they sent should do if not you need to ask for a NIL INCOME FORM.

    to be paid assessment rate esa until tribunal, you will need a fit/sick note dated from day esa stopped, this to be given to dwp when asking for esa to be paid, not before.
    Hi slip,

    Thanks for helping.

    This form is called "Declaration of income questionnaire", I probably assume all different centres name it differently?

    I'm a bit worried as on one of the letters from HB, they said they required 2 evidence:
    1) ESA award letter
    2) The form they provided my father to fill in

    As ESA has been stopped, and they're expecting the award letter... does that mean my father has to make a new claim with HB?

    which means getting the "nil income form" comes in?

    ---

    For the fit/sick note, do you mean from the docs?

  8. #8
    Take the completed form in to your local council office with the esa decision letter that tells you that they cannot pay esa, they should scan them to the HB section , When my JSA was stopped due to being sanctioned i rang the council's HB dept, told them what had happened,and requested a declaration form, which they sent within a few days,i completed it and took it in to the local council office they scanned it made a copy and stamped it and gave it me , HB was paid until i was able to re-start my esa claim again, and i was paid esa from when the JSA stopped, so sanctioned but still paid esa ,

  9. #9
    Thank you so much, Tom..

    You honestly saved me a load of time and stress doing this, the detailed description is a life saver!

    I will get back to this to update on how everything goes, I think, thanks to Tom & Slip, I now know what the next few steps should be.

    Thank you everyone!

  10. #10
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    7,793
    joestar,

    You don't say if your father has claimed JSA or not yet?

    If you want to claim benefits after an unsucessful ESA decision then you have to claim JSA until you are given a tribunal (appeal) date.
    You don't have to claim JSA, but you can.

    Here's how this works (I've altered it slightly as you have already done the MR):

    Claiming JSA whilst awaiting a tribunal date-

    Whilst you are waiting for the tribunal date you will have to claim Job Seekers Allowance if you want to keep receiving benefit.
    Once both you and the DWP have been given a date for tribunal then you can go back onto assessment rate ESA until the tribunal decision.
    (Provided you were on ESA, assessment or full rate before the fit-for-work decision).

    If you have been claiming JSA whilst waiting for a date you have to ask to be put back onto assessment rate. The advisors are told not to ask you.
    Or you can stay on JSA, the jobcentres prefer you to stay on JSA but it's up to you.

    The Jobcentres are aware of this strange situation, when you sign onto JSA you tell them you are doing so because of an ESA MR / appeal and they don't give you the same claimant commitments as a regular jobseeker.
    (Be careful what you say though, if you refuse to do any jobseekers comitments at all they can refuse your JSA claim; they shouldn't but some bad advisors do).

    The fact that you are having to claim JSA in this situation has no bearing whatsoever on your Tribunal.
    The tribunal can only consider the circumstances at the date of your original claim, not what has happened since then.

    If they try to give you commitments that are too difficult for you all you can do is remind them that you are awaiting a ESA appeal because you have ill health.
    Try to point out how you condition affects your ability to do the commitments they ask for.
    For example, they may ask you to do so many hours searching for jobs. As most of this is done on a computer these days say that you can do this at home but cannot manage to go to the Jobcentre multiple times a week.

    Unfortunately the current government stance is that having been refused your initial ESA claim you have been found fit-for-work and so have to claim JSA until your appeal is lodged with the court.

    Changes to the rules last year mean that those claiming Jobseekers Alowance can have a period of 'Extended Sickness' for up to 13 weeks.
    So if you sign on to JSA you should be able to supply 'sicknotes' and you can go immediately into this 13 week sickness period.
    Hopefully a tribunal date will be set before 13 weeks are up and you can go back onto ESA assessment rate during appeal.

    If you don't claim JSA whilst waiting, then once the appeal date is set and you ask to go back on ESA assessment rate, you will get backpaid ESA for the period when you were awaiting for the MR and appeal date.
    You should get this backpay as soon as you go back onto the assessment rate.
    Last edited by nukecad; 08-09-2016 at 02:07 AM.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

Similar Threads

  1. Tribunal rejected claim
    By carl30 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 15
    Last Post: 05-15-2015, 01:41 PM
  2. ESA medical failed and appeal failed too
    By KAnne in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 15
    Last Post: 04-30-2015, 10:28 PM
  3. PIP claim rejected - next steps help please
    By sothisishowitis in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 01-22-2015, 01:57 PM
  4. Driving Licence renewal rejected
    By warkman in forum Motoring - help & advice on cars for disabled people, Blue Badge and Motability
    Replies: 4
    Last Post: 01-05-2015, 04:03 PM

Tags for this Thread

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •