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Thread: dwp letter: possible IB-ESA underpayment

  1. #11
    so a quick update. not a good one though !! A letter from health assessment advisory arrived today and it says we have been asked by dwp to assess you in relation to your benefit claim. Oddly enough it doesn't say which claim (pip or esa). Oddly oddly enough its come out of nowhere and without filling in a questionnaire. I can only think that the dwp didnt like being asked if they owe me money from 2012 and have decided to try take me out of the support group (or worse still take my entire esa award). I've a nagging feeling that I wouldnt be entitled to something or another if taken out of support group.

    In any case I have informed the dwp that I cannot and will not attend their assessment. They know I cannot travel and even if I could I would probably hit myself while trying to explain me and autism to strangers. And they know that because even my "regular" GP wrote them saying she has seen me meltdown to the point that she was left shaking. I only need to get a dwp letter and I go into panic mode and self injury mode. And that was this afternoons joy. Now its time to shutdown though. To sleep.

    in my head its nothing short of amazing that these dwp people talk publicly about not re-assessing people with lifelong disabilities/conditions and how they are not out to intentionally cause harm to disabled people. And then they go push push push certain claimants every 6 months no matter how much medical evidence they have already. IMHO they know who to push push push and when. And they push push push those that they know have limited support and limited capabilities. And that is why despite dwp promises that so many claimants still come to harm and death.

    rant over !!!

  2. #12
    Senior Member nukecad's Avatar
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    The 'Health Assessment Advisory Service' is another name for the 'Centre for Health and Disability Assessments' (CHDA) and they do ESA assessments/reassessments.

    (PIP assessments are done by either ATOS or Capita).

    CHDA are nothing at all to do with the IB-ESA transfer review.

    This is just a regular ESA reassessment, the date when you should be refered for one was pu on the computer after your last one.
    It is sent automatically by the computer to CHDA and they send you an ESA50 and/or make you an appointment.
    Again they have no idea that you are involved with the IB-ESA review, it's nothing to do with them.
    They are just doing what the system says they should do.

    They can ask you to a face to face appointment without sending you an ESA50 first, they don't have to send an ESA50.

    If you are unable to attend for medical reasons then you tell them this and provide evidence of this after they send you an appointment.
    So they have now done what they should, and you have to do what you should and tell them why you can't attend.
    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. #13
    Thanks for that. They made appointment and I instantly had a meltdown and emailed the dwp telling them to f off i wont be coming and they have had numerous letters in the past saying i cannot travel and will probably come to harm if made to sit with strangers. Home visits have been requested in the past and have been ignored and I have ended up appealing and going to court in a mess. I was lucky to have someone to take me and try calm me down last time i appealed but i dont have that this time so im not sure what will happen if i have to appeal. Even with company at the last appeal the judge just looked at me and awarded me pip for much longer than the dwp wanted to. which didn't go down too well but never mind.

    I know what you are saying about the medical assessment companies and how an appointment being made now does not relate to their error AND perhaps you are correct BUT the regular esa team contacted me with a rates letter a week or 4 ago and that caused me to email them and at the same time point out that I may be owed a lot of money due to their error and also extra money in the future. They contacted the team dealing with the error and then suddenly an appointment arrives in the post. And I was extra shocked when it arrived because the same team making this appointment backed down regarding a face to face medical 6 months ago. They really were put under pressure by medical professionals to assess me on paper or at least at home so I dont know why they have forgotten that or dont seem to be considering that. I mean its not like they haven't had letters about me having autistic meltdowns and other medical evidence recently.

    I am curious to know IF I AM TAKEN OUT OF SUPPORT GROUP WILL THAT MEAN THAT IN THE FUTURE THE DWP WON'T NEED TO ADD ON AN INCOME RELATED TOP UP OR DISABILITY PREMIUMS TO MY ESA (Once error process is completed and they have decided if and what I am owed/should be getting will not being in the support group change anything)


    As stated earlier I cannot go to this appointment or any appointment so I will update when the dwp tell me what they plan to do about that OR when I am actually at appeal stage. I am more or less a mute recluse so do not communicate in any way shape or form with anyone so typing and talking is a nightmare BUT I do appreciate your replies and will eventually get back to this thread

  4. #14
    Senior Member nukecad's Avatar
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    Quote Originally Posted by dwpeedon View Post
    I am curious to know IF I AM TAKEN OUT OF SUPPORT GROUP WILL THAT MEAN THAT IN THE FUTURE THE DWP WON'T NEED TO ADD ON AN INCOME RELATED TOP UP OR DISABILITY PREMIUMS TO MY ESA (Once error process is completed and they have decided if and what I am owed/should be getting will not being in the support group change anything)
    No - The review is for everyone who may have been affected by the IB-ESA error, no matter what their circumstances are now.

    If they owe you backpay, then they owe you backpay. (And any ongoing premiums can be paid in WRAG as well as SG).

    The extreme example is those who have passed on since they transfered from IB-ESA, their IB-ESA transfers are still being reviewed and any backpay owed has to be paid to their heirs/estate.
    I know of cases where this has already happened.
    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.

  5. #15
    hello !! where to start ! well how about with some good news !! About a month back the dwp paid me the arrears they owed for their error and I got around 25000 in one payment. The disability premuims have also been added to my ESA award and due to comments from my social worker I am also under the impression that my ESA award is going to continue despite not attending a medical. hopefully if that is the case it means that I wont need to go to a medical for a year or two.

    I am now unsure what to do this lump sum. Ive opened a separate bank account to keep it in BUT that about it. I have eligible care needs and I was in the process of arranging care through the council BUT just before I employed some help the dwp payout changed my assessed contribution to the budget and the amount I had to pay went from £35 a week to £120 a week. This leaves the council to contribute around £10 a month. in one year from the date care starts the dwp payout is taken into account and will be used to pay the councils tenner. Now I wouldn't have a problem paying for my own care BUT the council have made me fight them for 2 years to get them to agree I have eligible needs and its caused so so much stress ive actually felt worse since contact with the council started. I don't know how to challenge the council to get budget increased so I pay £120 a month and they pay something a month BUT I'd like to do something if possible because the budget was never going to be enough to meet my needs. I just cannot get my brain around the fact care costs same as a years rent or several holidays a year.

    Anyhoo I would like to do a council house exchange in the near future BUT need to know how my benefits might be affected if I do this ?? will I have to claim UC or will I stay on housing benefit and ESA ??

    Thanks for all the help given thus far...much appreciated !!

  6. #16
    Senior Member nukecad's Avatar
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    Ok the simple question first.

    Presumably with that much backpay then you now have the Severe Disability Premium added to your ESA.

    Which means that you can't claim UC even if you wanted to. The law says you can't until you are Managed Migrated which could be years off yet.

    So moving house is not a problem. Even if you move out of your current council area then you can still make a new HB claim at the new council.

    As for the care I would need to look at that further (and I'm currently in the pub again so...)
    It may be that something can be done about that using the Coughlan and Corrigan cases that stop social services making people sell their hiuses to pay for care.

    PS. Spend some of that backpay and treat yourself.
    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.

  7. #17
    cheers nukecad you've been a great help. The severe disability premiums have been added to my ESA award BUT I have no confirmation letter from DWP regarding my ESA claim. In fact I haven't heard anything from the dwp since I failed to attend a medical assessment a month or 3 back. My memory is bad so I'll need to look at exact date I failed to attend BUT they paid the arrears and esa at new rate at around the same time and told my social worker and doctor my esa is due to continue despite everything. And by everything I mean the tirade of abuse I sent via email to dwp staff. That ester mcvey or whatever her name is got the worst of it but for some reason dwp staff had been using named emails as opposed to the standard alternative format address..so those particular staff members were told a few things also.

    regarding care I would love nothing more than more care than the council care to offer (now get your head round that sentence after a few drinks lol)

    I have been assessed has being eligible for 1-1 support and the council say £135 per week will meet my needs. I will be able to employ a PA to help me for about 10hrs a week. This may sound a lot of hours BUT it isn't really because on top of a number of problems that haven't been considered by the council I cannot travel and I think travel will take a lot of the PA's time up leaving non for any of the things that have been considered and taken into account. The council have ruled out numerous autism groups on my behalf saying they are unsuitable for me because I am too intelligent...but that he's more retarded than him stance seems odd to me and leaves me unable to take part in things suitable for autistics. Not that there is much locally suitable for autistics. Services are poor and the so called social workers uneducated and untrained in autism. I know I can type and occasionally think coherently BUT I also know I hit myself in the head because all the noise and busy in the world is very hard to process and I also know having to make more than 2 choices in a day means nothing gets done...and i also avoid everything including going to cancer testing etc etc health related. All that may not be a full blown intellectual impairment but it is an impairment non the less. Basically being housebound certainly makes treating myself to anything difficult but money always makes life a bit easier so its all good.

    I have always said to myself if I didn't have any choice but leave my parents house years ago due to a lot of stress on all sides I would have asked my parents to get on at the council. Not that they would because they wont even admit I am autistic (diagnosed twice) and they have left me to it. And it can be very isolating. And I think isolation is one reason even happy autitics became lost in the heads...and depressed. I'm currently seeking diagnoisis number 3 because I want PDA added to my profile BUT there was nobody qualified to diagnose PDA years ago nor is there anyone now. Which is a shame because maybe then the NHS would accept my health condition causes more than social problems and maybe then they'd do a CHC and fund care

    I had thought about trying to get the amount I had to pay towards my care lowered and about trying to challange the council in court for more care but i dont know how to do that. I cant get the NHS to even consider my needs might be their problem as well as the councils but when I did a CHC checklist someone emailed me it says I might be eligible for NHS funded care. It would be nice to know how to get the NHS to do the initial checks done. Them just saying no no no go away hasn't ever sat well with me. The human right acts care act autism act seem pointless at times because professionals and so called professionals do what they want regardless of what is written in them. Least it seems so.

  8. #18
    CHC is notoriously a long and arduous journey, and the criteria is strict for the NHS to warrant application. You would need support to go through the process.

    The process involved in NHS continuing healthcare assessments can be complex. An organisation called Beacon gives free (initial??) independent advice on NHS continuing healthcare. Visit the Beacon website https://www.beaconchc.co.uk/ or call the free helpline on 0345 548 0300.

    Regarding your current care plan, give the planned hours a go with a PA, and then ask for a review, as your PA can then input in your needs more specifically having worked with you. Then the hours/package may increase, however, with your contribution, given the capital you have anything over £23,250k means you will have to pay the full amount of your care package. (Note: your care plan and your PA's input in CP can both be used in future assessments for DWP purposes)

    However have you taken into consideration DRE aka disability related expenses in those calculation, these are amounts that can be disregarded. Such as cost of mobility scooter, servicing etc, extra laundry, gardening, cleaners, communications, lifeline rental, the list is not exhaustive and you ask the finance sections of council to assess those additional costs.

    You can speak to someone for advice on personal care budgets by calling the Disability Rights UK Helpline free on 0330 995 0404.

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