Results 1 to 8 of 8

Thread: Esa stopped

  1. #1

    Esa stopped

    Hi is anyone able to help?

    My husband has been on incapity benefit for 10 years 3 hip replacements and a serious back operation, riddled with arthritis in constant pain and severe depression. January 2012 taken off incapacity benefit put on ESA and sent for a medical examination which they knocked him off . we appealed and May 2012 one judge and one doctor at the appeal apologized for my husband being called after seeing the state of him. They reinstated his ESA in the support group. Apparently in January 2013 when we filled in yet another assessment form they took him out of the support group without attending a medical exam and the first we heard about this was in March 2013 when a letter came for my husband to attend the jobcentre. I telephoned to say that he very rarely goes out and the lady at the jobcentre did the interview over the telephone. Again in August 2013 She did another telephone interview. In November 2013 we received a medical assessment form which we completed and returned and sent by special delivery to make sure it arrived, we also had a letter to say that his benefits would be stopped from 16th January 2014. Very worried about this I telephoned them several times and they said they had not received it and Royal Mail saying it was still holding in thePOBOX I sent it to!!! Eventually they gave me the number to Atos who said the form was with the doctors and we would have to wait, the only people who can expedite this is DWP. Several long phonecalls to try and on a weekly basis, the last payment on 16th January 2014 was only for one week, yet two weeks previous they paid him two weeks and and I have been told previously they only pay in arrears, when I asked this question today when yet again telephoning the dwp they said the money was right. I have put a letter in to the decision maker to try to sort this out, they actually telephoned me and said they had received it but could do nothing, ATOS said it is the DWP’s fault they are sending too many cases to them!!!!!!!! All this is no help, no answer, no money, no heating, very little food, eventhough I work I don’t earn a great deal but don’t qualify for any money, eventhough I do not claim carers allowance only incapacity benefit – and believe me I am struggling coping with my husband Please Please can anyone help I am at my wits end!!!!

    Very very worried
    Buddy

  2. #2
    Quote Originally Posted by buddyjones View Post
    Hi is anyone able to help?

    My husband has been on incapity benefit for 10 years 3 hip replacements and a serious back operation, riddled with arthritis in constant pain and severe depression. January 2012 taken off incapacity benefit put on ESA and sent for a medical examination which they knocked him off . we appealed and May 2012 one judge and one doctor at the appeal apologized for my husband being called after seeing the state of him. They reinstated his ESA in the support group.

    Apparently in January 2013 when we filled in yet another assessment form they took him out of the support group without attending a medical exam and the first we heard about this was in March 2013 when a letter came for my husband to attend the jobcentre. I telephoned to say that he very rarely goes out and the lady at the jobcentre did the interview over the telephone. Again in August 2013 She did another telephone interview.

    In November 2013 we received a medical assessment form which we completed and returned and sent by special delivery to make sure it arrived, we also had a letter to say that his benefits would be stopped from 16th January 2014. Very worried about this I telephoned them several times and they said they had not received it and Royal Mail saying it was still holding in thePOBOX I sent it to!!!

    Eventually they gave me the number to Atos who said the form was with the doctors and we would have to wait, the only people who can expedite this is DWP. Several long phonecalls to try and on a weekly basis, the last payment on 16th January 2014 was only for one week, yet two weeks previous they paid him two weeks and and I have been told previously they only pay in arrears,

    when I asked this question today when yet again telephoning the dwp they said the money was right. I have put a letter in to the decision maker to try to sort this out, they actually telephoned me and said they had received it but could do nothing, ATOS said it is the DWP’s fault they are sending too many cases to them!!!!!!!!

    All this is no help, no answer, no money, no heating, very little food, eventhough I work I don’t earn a great deal but don’t qualify for any money, eventhough I do not claim carers allowance only incapacity benefit – and believe me I am struggling coping with my husband Please Please can anyone help I am at my wits end!!!!

    Very very worried
    Buddy
    When a huge post with no paragraphs or spacing is put on a forum, it's very diffciult for anyone to read or therefore give advice to. Many people on this forum are ill which makes it even more difficult. So have used the quote funciton to try and space it out a bit. Hopefully you'll get some responses.

    The only advice I can give is to get a full benefit entitlement checked by a professoinal advisor eg CAB or similar meantime to check your household income including your wages. To ensure you're definitely excluded from being paid any income based ESA top up or any addtional HB etc. You could also ask CAB for a voucher to access a local foodbank meantime . Or try a welfare officer at your local council. Many people end up with no other alternative due to benefit change delays.

    From November isn't that long to wait for a decison, even in 2012 it could take 3 to 4 months for a decision letter or a F2F assessment appointment. So I don't think you will have much success in trying to push your claim decision ahead of anyone else's stuck in the backlog, not even with the help of your MP.

    If you aren't eligible for means tested ESA due to income the only way your husbands ESA payment will restart is if he is now placed into the Support Group. If he is placed into the WRAG group again he will only get his NI payments met, but no ESA payments.

    You should have appealed again to change the decison which put him into WRAG back in March 2013, as ESA CB in the WRAG group is only paid for 365 days then stops and you have to be assessed as eleigible for IB ESA for any IB ESA payment to be continued.

    Now nother ESA assessment form has been returned in Nov 2013 , it compicates matters on trying to make a lte appeal even if it was accepted at this late stage. for the March 2013 WRAG decision. Unless the new decision you're waiting on puts him back in the Support Group. As your OH seems to have been asked to fill out 2 ESA forms in a short time it would appear the DWP decison makers are only giving him short term awards.

    Only other alternative I can possibly think of is for you to try to increase your working hours , which might get you some help with working tax credits?. Or perhaps your husband could try applying for PIP if he doesn't already receive it, and meets the criteria.

  3. #3
    seriouslyfedup gives you a lot of good advice.

    I can't see any appeal being possible against the March 2013 decision placing the OP's husband in the WRAG - the time limits for any appeal against that decision have long since passed, and I can't see any good cause for such a late appeal. "I didn't understand what was happening" is, unfortunately, not good cause for a late appeal.

    If the November 2013 form results in the OP's husband being moved to the Support Group, contributions based ESA will start to be paid again as well as some back money being paid. However, there is no way to get any ESA until the assessment process has completed and, as seriouslyfedup notes, the ESA assessment process is subject to significant delays in much of the country.


    It sounds as if your income is too high for your husband to claim any income-related ESA, though it is impossible to be certain on the facts given.

    If your husband does not already receive DLA, claiming PIP is a possibility, though you should read up on the criteria and ideally get help from a local advice provider if you wish to apply. I've previously posted some information and advice on PIP.

  4. #4
    From what you've said above, it appears to me you may not have been provided with a decision notice/letter in respect of the Jan/ March 2013 decision. If that is the case I would strongly advise you to seek the help of a trained adviser like CAB, this may provide 'good cause' for a late application to Appeal that decision. The DWP are required by Law to issue a notice of (said) decision, which also contains information of your right to the Appeal process, if they haven't done this they've clearly acted unlawfully.

    Seek this advice A.S.A.P. as you only have 2months of the absolute (13month) limit for late Appeal left, given that you became aware of it in March
    .

    Good luck with it
    Last edited by Jard; 01-30-2014 at 01:41 PM.

  5. #5
    Quote Originally Posted by Jard View Post
    From what you've said above, it appears to me you may not have been provided with a decision notice/letter in respect of the Jan/ March 2013 decision. If that is the case I would strongly advise you to seek the help of a trained adviser like CAB, this may provide 'good cause' for a late application to Appeal that decision. The DWP are required by Law to issue a notice of (said) decision, which also contains information of your right to the Appeal process, if they haven't done this they've clearly acted unlawfully.

    Seek this advice A.S.A.P. as you only have 2months of the absolute (13month) limit for late Appeal left, given that you became aware of it in March
    .

    Good luck with it
    That's a good catch. So far as I can see, if no notification of the early 2013 decision was issued, it would be a late application for revision, on the grounds that no notification was issued.

    It's really important to get help, as you only have one chance to put grounds for a late application for revision. If the application is rejected, you cannot try again. It is therefore important to get help with someone familiar with the relevant case law, not least as the application would also need to contain the substantive grounds of challenge against allocation to the Work-Related Activity Group in that decision.


    When seeking advice, it's best to gather together all the available paperwork. One of the challenges of trying to provide advice in these forums is that we don't have full information.

  6. #6
    True but any successful Tribunal decision for a March 2013 appeal will be superceded by the Nov 2013 assessment decision. So if the appeal is successful the OP will receive the difference between the WRAG and Support payment plus perhaps whatever payments are missed until the date of the new decision. Which for a late appeal the Tribunal won't be heard for anything up to 12 months , so doesn't help short term only long term. Or have I got myself mixed up here?

  7. #7
    In due course, the most recent ESA50 will lead to a superseding assessment decision, leaving any late revision or appeal to deal with the period between the early 2013 decision and the decision to come.

    Nevertheless, a late challenge to that earlier decision might succeed in getting thiat period switched to the Support Group. If it does, the time will be exempted from the 52 week limit on contributions based ESA in the Work-Related Activity Group and there will be some back money to come as well.

  8. #8
    Quote Originally Posted by seriouslyfedup View Post
    True but any successful Tribunal decision for a March 2013 appeal will be superceded by the Nov 2013 assessment decision. So if the appeal is successful the OP will receive the difference between the WRAG and Support payment plus perhaps whatever payments are missed until the date of the new decision. Which for a late appeal the Tribunal won't be heard for anything up to 12 months , so doesn't help short term only long term. Or have I got myself mixed up here?
    The OP & husband must do everything they possibly can to preserve entitlement to benefit payment (viz the 365 day rule) and the place to begin is as described/advised. The course from there is obvious, I hope they obtain that assistance quickly.
    Last edited by Jard; 01-31-2014 at 01:35 AM.

Similar Threads

  1. ESA stopped. Please help :(
    By toaster in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 07-03-2013, 10:40 PM
  2. help with esa stopped
    By silentwolf in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 9
    Last Post: 06-15-2013, 01:16 PM
  3. ESA stopped nowhere else to go
    By walktall in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 20
    Last Post: 03-28-2013, 09:32 AM
  4. ESA stopped
    By wolfiessam in forum Benefits - help & advice on disability benefits, incapacity benefits, ESA and DLA
    Replies: 4
    Last Post: 12-07-2012, 02:44 PM

Posting Permissions

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