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

  1. #21
    Senior Member nukecad's Avatar
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    I suppose it depends if he decides he can manage for 2-4 weeks until the DWP acknowledge the court notification.

    My last appeal they gave me the tribunal date with the appeal acceptance letter. It was a seven months wait though.
    Backlogs were big back then.
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  2. #22
    My current case , MR processed on 1/6/2016 received on 6/6/16 or before that date, i sent sscs1 and copy of MR on20/06/16 it was received by 22/06/16 ,it was on the DWP's system 30/06/16 so 1 week You could probably send in the new or existing fit valid note after they have received the SSCS1 to save even more time, So tops 2 weeks to re start esa once they have the SSCS1 and copy of MR , providing there are no errors on the application like forgetting to sign it

    I experienced a greater delay due to it taking longer for them to send via e-mail a scan of the fit note i handed in at my local JC some 10 days, then if that wasn't enough due to the DWP closing my JSA claim down but the computer not doing this properly my ESA claim was delayed longer still , and this was at a time that there was very long waiting times and system failures you could not make their IT system up

    After they send the Acknowledgement letter , they sent another a reminder about further evidence, and to say that the dwp would be sending the paper bundle, and another letter asking me to contact them if i hadn't received the bundle as the DWP had informed them they had sent it,
    The after a few weeks i got the notice of hearing letter , all very fast this time around though there is a 5-6 week waiting time,
    I'm doubtful if my appeal will go ahead on the date later this month as there is the audio recording they will likely postpone it so they can get 2 copies of the cd from maximus /dwp and likely have to plan for a longer time slot and source an audio playback device
    The previous esa appeal was a tad fascicle due to their very old portable cd player not having a pause or seek buttons, as all was going well until i needed to toilet and they stopped the cd, and because the judge wanted to hear all 50+ mins of it, and there wouldn't be enough time is re start it from the beginning, then they arranged a different day of the week and my rep couldn't attend , several months later it was heard and i lost due to the retired doctor being somewhat senile and out of touch with today's NHS
    Last edited by tom34; 08-10-2016 at 05:34 PM.

  3. #23
    Hi Starman, Tom & Nukecad

    Thank you all for your advice, I appreciate every little detail you've given

    Just an update of what's happened so far..

    We sent the income declaration form to HB, I'm not sure what actually happens next.. (I'm just hoping they resume payments)

    We applied for JSA for my father, which they received and went to the interview today (accompanied by my sibling).

    Apparently, they interviewer was furious/rude as to why we have left it so long, but Nukecad technically mentioned we couldn't apply until a month later of the last ESA claimed etc.

    Though it was voided, as we had to sign up my mother too.

    From going through your posts, it sounds like everyone is suggesting that we should just submit an appeal and claim the ESA assessment rate as soon as the appeal is acknowledged?

    1) Do I claim when it's acknowledge, or when they give a tribunal date?

    2) I was wondering how long does it normally take for them to acknowledge it? (I know some of you have probably mentioned, but so many time periods were involved in the posts, I just wanted to make sure)

    3) Do they backdate everything? So June 30th was the last ESA payment for my father - it's been quite a while.

    4) I see "fit notes" being mentioned, do you mean the "not fit to work" notes from GPs?

    5) Is DWP the department to contact when claiming the ESA assessment rate when appealing?

    Sorry if some of the questions are obvious, my head has been all over the place..

    My dad is so stressed about this, and I'm more concerned for his health than the situation (I mean, even me and my sibling is stressing this for my parents, can't imagine how much worse it is for them). We can try to support my parents until the tribunal date i, it's just that parents never like to receive help from us and they'll feel really bad as they know how tough it for us out there.

    They also fear that, because it's family support, they think they would not backdate claims - as if it resorts to us supporting them, they would want to pay us back every penny etc for any bills and food we take on.

    Thank you everyone again for the support and advice, hopefully you can help again with the questions above.

    Many thanks!
    J

  4. #24
    Hi Starman, Tom & Nukecad,

    My replies not coming through again, keeps getting "moderated", though I receive no replies when I email them about it..

    Hoping this goes through.
    Anyhow, thank you for your replies and advice, wanted to update you on the situation so far:

    In the end, we applied for JSA, which was voided anyway during the inteview (which my sibling went with my dad) as we had to include my mother in the application.

    According to my sibling, they do use to offer ESA assessment rate.. but no longer do this..? They say that everyone has to go through JSA now..? I'm not sure what to believe now..

    They will call later today, as my sibling applied JSA via phone (where they call back), so I will ask then, as my sibling will be busy in the evening to stay with my parents.

    In my previous reply, I asked questions like will they
    1) backdate claims
    2) how long do they take to accept or acknowledge the appeal letter
    3) do I claim as soon as they acknowledge or when they give tribunal date
    4) fit note was mentioned quite a few times, do you mean the gp letter of "not fit to work" ?

    I think that was it.. but not sure if those questions matter anymore, as they said they no longer do the ESA assessment rate according to my sibling...

    Lastly, with HB - we sent the income declaration form back to HB, not sure what else they require us to do or say now.. I'm just hoping they resume my parents payment to the housing association.

    Again, thank you everyone for your help and advice, hopefully you can help me once again with the above.

    Many thanks,
    J

  5. #25
    Senior Member nukecad's Avatar
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    So if I understand that:

    You have sent the income declaration for HB, that's good and they should resume payments. (and backpay from when it stopped).

    Your sibling went with your father to claim Jobseekers, but got a rude advisor who confused you all (not unusual unfortunately).
    I'm not sure what you are saying about the JSA claim being voided because of your mother?
    (Is she working?)

    OK.

    Yes; get the appeal to the tribunal in as soon as you feasibly can.

    Once your father, and the DWP, have acknowledgement that the court has accepted it then he can ask to go back onto assessment rate ESA.

    The seem to be fairly quick at acknowledging currently, 1 or 2 weeks seems usual.

    If he does not get any JSA then he should get a backdated ESA payment from when they stopped paying to when they accept the acknowledgement of appeal.
    He should get this as soon as they agree to start repaying assessment rate.
    (If he does get some JSA the this will be deducted from the backpayment).

    Once you have acknowledgement that the appeal has been lodged then contact the DWP to request that assessment rate is restarted.
    Use the number on the MR refusal letter, or the general ESA enquiries number.

    'Fitnotes', 'sicknotes', 'medical certificates', 'not fit for work' notes - they are all different names for the same thing.



    Sorry to hear that you had problems with the Jobcentre monkeys.

    Try to remind your parents that they supported you all through growing up so you are just paying a bit back.
    (Yes I know though, they won't see that as relevant. In their eyes you are still their baby to look after not the other way round).

    I hope that things start to go more smoothly, it isn't always this stressful, just at the start (and at reassessments).

    Please keep letting us know how things are going.
    Last edited by nukecad; 08-15-2016 at 05:06 PM.
    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.

  6. #26
    Hi Nukecad,

    Thanks for the support!

    One of my replies didn't go through, which was an updated version of my recent post (but was being moderated at the time, and I didn't think it went through).

    So basically another update was.. which I did not understand why my sibling didn't tell me sooner was; they spoke to someone else (as the other one voided the application and was not helpful). This other person, said that before - they use to put the people who were appealing/MR on ESA assessment rate, but they no longer do this - and that everyone now has to go through JSA to get any income..

    I'm not sure whether I should believe this or not, as this is a big negative against the advice everyone and you have been giving me..

    And no, my mother stopped working as she developed some sort of spinal disc problem, but after a long wait - she will finally have a scan soon this month. They said they both needed to apply? I think my sibling done a joint application, so they voided..

    The thing is, I know how some people in organisations might not be as well informed as they should be, giving out wrong information, advice etc - it happens.

    But could the person who said they no longer do ESA assessment rates during appeals be right..? Or maybe he/she just meant during the MR process? But the MR process was pretty quick..

    I am so confused.. I just popped by my parents, to reassure them and that it's probably best to go through the appeal way, but this little conversation that my sibling had with this person from Job Centre is haunting my thoughts on how to move forward..

    EDIT: It was voided as my mum was not there, she had an appointment with doctors near the same time as the interview (should have realised this before).
    Last edited by joestar; 08-16-2016 at 09:35 AM. Reason: Update

  7. #27
    Little teeny bump for advice/info!

  8. #28
    Senior Member nukecad's Avatar
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    The person was probably talking about the old system before MR's were brought in.

    In the old days before MR you used to appeal to the DWP and then appeal to the court.
    You got asessment rate all the way through.

    Then they changed it so that the appeal to the DWP became MR instead and they do not pay assessment rate for this period. you have to claim JSA instead.
    You now only go back onto assessment rate once you appeal to the court and they accept your appeal to them.

    Everyone, including the DWP staff, acknowledges that this current situation is stupid, and just creates extra paperwork and extra costs, but it was a political decision. (Say no more).

    I sort of understand what went on at the JC now with making a joint claim etc., not sure that I agree with what they did, but sort of understand it.

    I think the easiest way forward for you to go now is to get the appeal in to the court, and then get back onto ESA assessment once they acknowledge it.
    Once this is sorted your father will also get ESA assessment rate backpaid for the period where it has not been paid.

    Of course this leaves you supporting your parents until this happens, hopefuly this will only be another couple of weeks.

    PS. my internet at home is playing up again, so I'm having to go to the pub and use their wifi, which is limiting the times I can get online. (Good excuse to go to the pub, not that I need one).
    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.

  9. #29
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    Joestar, do what nuke advises. I am in front of you,got my appeal in and acknowledged within a week,same day applied on the phone for ESA assessment rate to be paid , then mailed them to make sure . I got back paid from date ESA was disallowed so worry not but make sure of this , your father needs to send fit notes in now to the DWP up until the appeal date.
    Last edited by Starman; 08-16-2016 at 08:41 PM.

  10. #30
    Thank you everyone for the support!

    Very much appreciated, nukecad. Especially you going to the pub to just reply to me - (even though, I may not be the only reason for you to do so haha).

    And thank you Starman for following this and reassuring !

    I will be seeking legal advice with sibling, just to get the appeal letter sorted (saw somewhere on this forum, that it was recommended). Probably won't include my father, as he will get stressed from the whole process.

    And god damn housing benefit sent my parents the same bloody form to fill in again! I filled it in anyway, and wrote another letter for my parents to send off - explaining the situation.

    As they asked for 2 things: ESA award letter and the form to be filled in.

    Hopefully I explained it to them clearly for them to continue payments..

    Anyhow, will keep you guys updated on how everything goes - it'll be a good read for others too.

    Many thanks again, nukecad & Starman!

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