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Thread: strange letter from ESA about IR eligibility

  1. #161
    My friends husband received the form to fill in for the ESA back pay and she didn't know what to do.I told her to fill it in and send it off and see what happens.

  2. #162
    Senior Member nukecad's Avatar
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    Quote Originally Posted by walker View Post
    im sorry but I am feeling invaded on this thread
    Hi walker,

    It is your thread so I understand that.
    We always advise that people should start their own threads.
    Unfortunately when threads grow long, like this one has, people often think that it's a thread about a particular topic, and don't realise that they are in fact 'highjacking' someone elses 'personal' thread.
    (We could ignore them, but that's not who we are, we are here to help).

    Sorry to hear that you are still having problems.

    For what it's worth I believe that they are wrong about those two regualtions.

    Regulation 3 is about 'Revision' of decisions. It sets time limits on them revising a decision they have already made.
    As they did not make any decision back in 2014 then reg.3 cannot apply.

    Regulation 7 is about 'Supersession' of decisions. It also sets time limits for that.
    Again as they did not make any decision back in 2014 then reg.7 cannot apply either.

    Both regulations are complicated, but as both deal with changing a decision then they cannot apply to your C of C in 2014 as no decision was made back then.


    Many people in the past (before this IB-ESA review) have ESA3 changes backpaid years, that's why the form asks you "From what date do you want us to look at your claim again?"


    So what to do now?

    I understand your being fed up with all this, I would be too.

    I wouldn't blame you if you gave it up as too much effort.
    We can't all have the resolve, or even the strength, to fight these battles. (Which I guess is what the DWP rely on).

    If you do want to challenge this at appeal then the point about them quoting/relying on regs. that do not apply would be the thing to appeal.
    I think that you would need help with that from someone experienced.
    Do you have any other local welfare, or even legal, help you could approach?

    Regarding the one month appeal deadline, you could get an appeal in fairly quickly just giving a basic reason why you are appealing.
    ie. That the DWP have made their MR decision based on regulations that do not apply to you particular Change of Circumstances. They have used regulations about Revision and Supersession when there was no original decision to be revised or superseded.

    You could then get your case together whilst waiting for the DWP's evidence bundle, and the tribunal date.

    Wherever you decide to go from here, good luck.
    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.

  3. #163
    god bless you nukecad
    you are so generous with your tiem

    in reality this has tipped me over the stupid edge where I spend my mh life
    iit is triggering meinto things that are not good for me

    our mh team has sa benefits advisor now but I don't think she will have a clue
    the people in brighton I spoke to before want to help but the woman is not English wich doens t matter but her accenrt is so strong she is so very hard to undeerstdnd
    sory this is a mess as our head is a mess now
    but we are heldp by you nad hope maybe in day to keep at it
    w e don't unedderstand why others have got it and no to us
    we told them we were in hosp we told them when we left we told them we were homelse and living with friend we told them when we moved here every thing we told them but why woudld we tell them about oau savings when they hadnver asked for that info in the years before that

    sorry for using we but it happesn when we are tipped over

    sorry for every thing but thank you thank you for keeping tyring with us thank you

  4. #164
    my own reassessment has turned into a complete mess.

    So a summary.

    I did the form over the phone and they needed bank statements, envelope was sent and I posted on 15 nov.
    To this day there is no record of them, but last week I requested new envelopes be sent but they never arrived.
    I spoke to the call centre today who said they can not send the envelopes, and they dont even know the address to send to, but they also have no way of asking, all she could do was put a note on the system but they dont know when that note will be read.

    To me this is just too chaotic and not reasonable, so I will probably be doing a complaint, probably not to my MP at this point but on the official DWP system, the DWP just seems a disorganised mess that the call centre is on the other side of the country to the people working on the payments, and there is no electronic way to submit the documents in 2018, and they need 10 working days to confirm if something has arrived. The number that I was called from for the form filling is an outbound number only, so I cannot talk to them directly. I just need a single person to take ownership of my case, and they make sure my documents are managed properly hence the complaint.

    The problem is I see they have now made this more difficult, it used to be you could go straight to the independent case examiner which I used several years ago, it was great, but now you have to first complain to lower levels first. Which I will be doing today.

    If anyone has any advice on complaints procedure I will appreciate it thanks.

  5. #165
    Omg this is not helping us

  6. #166
    Just got back from post office in huge pain but had to be done. I found the original letter. So sent of new copies on first class recorded to the address on that letter, but also sent off a recorded letter to DWP complaints.

    I enclosed letter showing the reference and written my NI number on over 100 sheets of statements, if they still manage to misplace it I am lost for words.

  7. #167
    nukecad

    don't see how they can be wrong whent it was the dispute resolutionnn person hwo dealt with it surley they know the law

  8. #168
    Senior Member nukecad's Avatar
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    Quote Originally Posted by walker View Post
    ... surley they know the law
    Not necessarily.

    That's why you have a right of appeal to the Court Tribunal, - because the DWP can interpret the law wrongly and the tribunal can put it right.

    Even when you are appealing a WCA decision what you are saying is that the DWP have not followed the law about the descriptors properly.
    If the DWP always followed the law correctly everytime then there would be no need for appeals.
    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. #169
    good point

    sorry to people about being on this thread
    LOADS of people have asked questions on it
    but right now it is very triggering for us and confusing

    we have emailed the welfare people who we spoke to before
    but she always prefers to talk on the phone which is so difficult to understand her

    our cpn is asking their mh benefits advisor to make contact, but unsure if she will know anything about this stuff

  10. #170
    ended up in hosp because of all the stress

    but have had a reply from the welfare lady who says they have another case similar to mine but who is still waiting for a decision
    and she wants to look into it to see if there have been any judicial precedents in this

    I don't really understand how when people migrated it is the DWP's fault for not assessing for IR
    but AFTER that - it is suddenly down to us to read their minds and know about benefits that we had no idea existed



    ed. have been looking again at the legislation they quoted
    the reg. 3 refers to an 'original decision' and as you say there was no decision
    however on the letter they refer to the 'date the change occurred' and do not mention any 'decision' at that time

    hmmmmm

    HOWEVER in reg. 4 it talks about change of circs being late - but between 1 month and 13 months
    so still does not apply

    pretty sure we can say goodbye to any possibility of this money
    all the more rage inducing when they also took away half my Pip which I just feel too unstable to question even though I know they are wrong
    Last edited by walker; 12-07-2018 at 02:18 PM.

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