Page 2 of 4 FirstFirst 1234 LastLast
Results 11 to 20 of 32

Thread: ESA assessment rate £43?

  1. #11
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    Hi Nuke

    She rang the DWP this morning to ask when the back payment would be made, they told her she'd need to provide medical evidence going back to Nov 2018 to get it.

    That doesn't sound right to me?

  2. #12
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,929
    Unfortunately they are correct.

    To qualify for ESA assessment rate then you have to provide evidence that you are unable to work for medical reasons. (Usually Fit Notes).

    Without that evidence then no backpayment will be made until/unless she wins her appeal tribunal.

    What exactly did her letter, the one that said they would pay assessment rate, say about providing medical evidence?
    She will also normally need to supply Fit Notes if they are to pay the ESA assessment rate ongoing from now.

    Has she looked at claiming UC yet?
    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
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    Morning Nuke

    She only has not-fit notes from Feb this year which is when she had to get a HC2 prescription exemption.

    As she wasn't getting any ESA from Nov. 2018 until that date she was never asked to provide them. She is sending them in now as requested by the DWP.


    Here's what the letter (dated April 16th 2020) says,

    We will pay you the assessment rate of ESA of £43.80 from Nov 7th 2018 until we are notified by the tribunals service on the outcome of your appeal.

    CB ESA can be paid for a maximum of 365 days unless you are in support group.

    You may need to supply us with medical statements while appealing. We will inform you of this. You may also be required to take part in work focused interviews.


    Once again many thanks for your help

    I've told her to claim UC but she wants to wait until her back payment comes through as she's terrified it will affect it.

  4. #14
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,929
    Quote Originally Posted by phaedra View Post
    You may need to supply us with medical statements while appealing. We will inform you of this.
    Unless she has something in writing to say otherwise then 'may' means 'will'.

    Of course WFIs are out of the question at the moment.

    She can be backpaid for the period that she can provide Fit Notes, but unfortunatley only for that period until she wins her appeal.

    Backpayment of benefit arrears (if/when they do come) should not affect UC payments, backpayment of benefits is not income and they are disregarded as capital/savings for 12 months. (Longer if it was because of 'Official Error' but that wouldn't apply here).

    She is losing a large amount of benefits by not claiming UC ASAP, for the childs sake if nothing else she should be getting a UC claim in now.
    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
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    Thanks Nuke

    I'm not sure how far back she'll be able to get a Not-Fit note, DWP never asked her for any since she failed her ESA assessment back in 2018 even when she requested an appeal.

    The only ones she's submitted are a couple from Jan or Feb this year when she had a prescription charge letter and had to request a HC2, then the DWP requested one in early April via the CAB when they were trying to sort the ESA out, she's just sent off a 2nd one to them.

    Do you know how far back her GP can issue one or is that not possible?.

    I've told her to claim UC and she's ring the CAB on Monday, she isn't capable of doing it herself, she got very upset today when she got another brown envelope in the post. Luckily it was letting her know her childs DLA review was being pushed back 6 months from November to next May.

  6. #16
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    8,929
    I'm feeling for her.

    I'm not sure about the GP backdating Fit Notes, I know that there is a time limit (I think 3 months?) but it's up to the GP.

    I'm not sure what CAB are doing at the moment, but you need to encourage her to get the UC claim in as soon as.


    I know it's funny because a year or so ago we used to advise avoiding UC - but even without C-19 - things have changed since then and UC is often much better, your friend in particular will see a big difference in income.
    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
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    Once again many thanks Nuke

    She can get the CAB by phone and they are trying to sort it. I'll get her to ring her GP Monday, he seems pretty helpful and see what he can do with the not-fit notes.

    She's confused as both the CAB and I originally told her not to claim UC, if we'd known it would drag on this long she would have at least have had some income!.

  8. #18
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    GP says she can only give her one for Nov 18 to Feb 19, she hasn't been seen by anyone in the last year or so, she just gets repeat prescriptions.

    I think it's all very wrong, the DWP caused the problem by not paying her the assessment rate when she put in for the appeal in Nov 2018. So because they weren't paying her anything at all they weren't asking her for not-fit notes either.

    I've told her to make sure the CAB mention that when they ring the DWP for her, personally I'd get them to make a formal complaint due to the number of errors they've made, loosing her appeal paperwork for 6 months then taking another 11 months to finally start to pay her something.
    Last edited by phaedra; 04-05-20 at 22:01.

  9. #19
    Senior Member
    Join Date
    Nov 2018
    Posts
    425
    If she wasnt informed of the requirement to send a fit note in writing, then that to me is something she should be able to challenge.

    I seen a document about a month or so ago, where the UT judge made a decision based on people not been expected to attend assessments purely because of the lack of clear written notice.

  10. #20
    Senior Member phaedra's Avatar
    Join Date
    Nov 2011
    Posts
    896
    Indeed, she's had a call from the tribunal service, they're going to text her shortly with a date/time for a hearing by phone.

    Unfortunately the CAB are saying they can't/won't be able to take the call for her. I have no idea how she'll cope with it without their support.

Similar Threads

  1. Esa assessment terminated......on assessment rate now for nearly a year...help!!!
    By ultan in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 0
    Last Post: 09-03-17, 17:58
  2. Higher rate mobility on DLA replaced by standard rate on PIP
    By Debs778 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 5
    Last Post: 31-07-15, 18:01
  3. 8 year old son dla motability changed from high rate to low rate today.
    By marymc in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 7
    Last Post: 27-11-13, 11:41
  4. ESA Appeal and Assessment Rate
    By sarah777 in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 14-05-13, 23:15
  5. ESA Assessment rate. Help!
    By Blue-badger in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 10
    Last Post: 11-04-13, 14:41

Posting Permissions

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