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ESA info, wait time and nil income claim

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5 years 5 months ago #222580 by lonewolf6565
ESA info, wait time and nil income claim was created by lonewolf6565
Dear members and admin

This site has done so much for me in securing my claim for ESA in t he Support group for MH issues over the last few years and I am very grateful.

Unfortunately., with a Scrooge like sense of timing, the DWP want me to renew my claim..I got the letter last Saturday and they want it back on or before 29th Dec.. given the Christmas period that means I need to send it off (by recorded delivery) by Wed 19th Dec to be sure they get it in time..this only gives me two and a half weeks and they really should be taking Christmas into account by allowing an extra week..grrr! Anyway, my questions are as follows:

1. The DWP are always making the process even harder..and their latest demand is stated three times on the latest ESA form..they state that, whilst medical and other evidence are welcomed, that "no new information should be paid for or asked for. Only use information you already have." .But this would mean I have no information at all! My counsellor or doctor do not keep up a correspondence with me! I have to ask them! I feel this is discriminatory towards MH patients and other patients with "invisible" illnesses and disabilities. My friend's take on this is that they mean no new info about eg other conditions..what is the mods take on this please?

2. As my new doctor is useless (my old one retired.sadly) and doesn't feel MH issues are even a thing, with the lack of her support, I anticipate being asked to attend an assessment and then getting kicked off ESA. I will ask for an MR and then appeal. as I have nothing to lose..can the mods give me a range for how long a tribunal date may take after the MR has been completed.and I have sent back the appeal forms? .I only mean roughly as obv it will vary..maybe about three to six months? (I have read your answer earlier that MR should take around 5 -12 weeks.)

3. I know during the appeal waiting time I can claim basic rate ESA....how about during the MR period..can I at least claim nil income HB? And if my appeal fails. could I then go back to nil income HB? This is because I really do not feel I can meet the criterion for JSA..not as it is now...!

I am sorry this is a lot of questions but,. as always when I post. I hope and trust these answers will be helpful to others as well.

Thank you for all you do.. I have recommended the site membership to quite a few people.

Best

Alex PB..X
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5 years 5 months ago #222598 by Gordon
Replied by Gordon on topic ESA info, wait time and nil income claim
Lone Wolf

1. Ignore the form and send anything that you think is relevant to your claim, the DWP have no legal right to restrict the information that you send to them as part of your reassessment.

2. I don't have a good view on what the waiting time for an ESA appeal is, we haven't seen many of these recently but my best guess is at least six months across all of the country and longer in some areas such as the SW and the NE.

3. ESA is not payable during the MR stage, you can claim JSA, providing your area has not gone to UC, once your claim is accepted and in payment then you can provide a Fit NOte and be excused from any Claimant Commitment for up to 13 weeks.

If your area has gone to UC then this is the only benefit that you can claim, get face to face advice before doing so as once you are on it then that is it, you cannot return to ESA even while waiting for an appeal.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #222640 by lonewolf6565
Replied by lonewolf6565 on topic ESA info, wait time and nil income claim
Thank you Gordon, you are ace.

1. I am surprised you say that you haven't heard of many ESA appeals lately...I thought they were really common...?

2. Amazing advice that I can claim JSA and, once up and running, get a Fit Note..tho I doubt if my doctor would give one..in this case I guess my best option would be to do the best I could with the claimant commitment til my appeal has been accepted as I can then go onto assessment rate ESA?.

3. By claiming JSA, would that not constitute a conflict when I am saying I believe I am not fit for work..which is why I am appealing?

4., I know that. horribly..when ESA is cut off after a medical, DWP inform the HB people so this is cut off too..any idea how long this could take to reinstate?...I guess my options would be to get it passported via a successful, albeit temporary ,JSA claim..or if that is not accepted..I still have the nil income HB claim option?

I would appreciate your thoughts, and, again, hope my questions and your answers may help others.

Best

Alex

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5 years 5 months ago #222653 by Gordon
Replied by Gordon on topic ESA info, wait time and nil income claim
Lone Wolf

1. I'm not saying that there are not a lot ESA appeals, just that we are not seeing a lot on the forum at the moment.

3. No, it's not a conflict and has been confirmed by the UTT.

4. From the comments in the forum, it should be pretty quick to reinstate your HB, most Local Authorities do in days if not hours what the DWP take weeks to do.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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5 years 5 months ago #222659 by lonewolf6565
Replied by lonewolf6565 on topic ESA info, wait time and nil income claim
Fantastic answers, all of them..thank you so much.

Yes, the HB dept/local council does seem more accessible..

Could you just tell me who the UTT are?

Thanks

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5 years 5 months ago #222660 by Gordon
Replied by Gordon on topic ESA info, wait time and nil income claim
Lone Wolf

UTT - Upper Tier Tribunal

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: lonewolf6565

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