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ESA113 received but "not picked up" ?

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5 years 2 months ago #226451 by MsJane
Hi

I've been chasing up my ESA113 and have been told it's been received but as of last week has not been "picked up" by the decision maker. I had my fingers crossed that it would be looked at before my f2f and a paper assessment done again like previous two times.

With a week now to go before my f2f, is it unlikely now that the decision maker will look at it before my assessment? Do they have any guidelines they follow RE looking at an ESA113 if they've sent for one?

Thank you :)

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5 years 2 months ago #226463 by Gordon
Replied by Gordon on topic ESA113 received but "not picked up" ?
MsJane

Who are you talking to? The Decision Maker is a DWP employee and I would expect the ESA113 to have been returned to Maximus.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #226520 by MsJane
Replied by MsJane on topic ESA113 received but "not picked up" ?
Thank you, Gordon. After reading your reply I realised we'd got a bit confused and we spoke to them again and they gave us a number to call to chase up the ESA113. Now saying they need time to find it and to call back next week. Face to face is next week so not hopeful at all now.

Please can I ask another question? What happens if we arrive on the day and they say they are running behind? Are we allowed to request it is rescheduled? I will have a child in childcare that could end before the assessment does if it is delayed too much and have no alternatives.

And one more if that's okay? What happens on the day if my medical issue prevents me from understanding questions properly and not being able to answer them? I'm petrified that I'm going to noted down as refusing to answer when I actually have verbal communication difficulties.

Thank you again for your answers!

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5 years 2 months ago #226532 by Gordon
Replied by Gordon on topic ESA113 received but "not picked up" ?
MsJane

If you leave then it will be treated as one of your two opportunities to attend, a new appointment will be made which you will have to attend or you risk you claim being closed.

If they send you home then it should not count against you but I would send a letter to the DWP office dealing with your claim to confirm what happened.

If you struggle to answer the questions then make sure that you explain why it should then be considered as part of the assessment.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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5 years 2 months ago #226596 by MsJane
Replied by MsJane on topic ESA113 received but "not picked up" ?
Thank you very much for the reply!

I've already used my first one up by rescheduling so if I arrive next week and they are running behind, leaving would mean that's my two chances gone, if I'm understanding correctly? That's scary!

I have one last question if that's okay!

Planning for the worst case scenario, from my previous threads that you helped me on, I understand that if I go to mandatory reconsideration I would receive no ESA during that time. I understand that I could sign up for UC to cover that time and provide fit notes again but that would mean I would be on UC for the future even if my MR or appeal etc was successful.

My question is, if a person doesn't sign up for UC and just tries to struggle through financially (until either the MR is successful or the appeal process and the ESA assessment rate begins again), do you know whether they could continue to receive housing benefit during that MR time? I also receive PIP if that is relevant.

I've tried googling and I come up with either:
(1) I can still receive housing benefit due to low income. My housing benefit would be suspended when DWP end my ESA but I would be able to resume the payments based on being low income if I contact the council within a month to let them know. I would not have to switch to UC even though we are a full UC area now because my HB claim never ended.
Or
(2) My ESA ending would suspend my housing benefits claim and due to being in a UC area, I'd be forced to switch over to UC to receive any help so would have to sign up for UC for the future.

Also, would it be possible to clarify: if a person can manage financially through the MR process without signing up for UC, and was successful in their MR or appeal, they'd remain on ESA? Is trying to remain on ESA a better option than signing up for UC?

I apologise for the length of this post!

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5 years 2 months ago #226607 by Gordon
Replied by Gordon on topic ESA113 received but "not picked up" ?
MsJane

In principle, you should be able to claim HB on the basis of Nil Income but this is not an area of benefits that we advise on so I am unclear whether you can do this now that UC is fully rolled out, my understanding is that you can but I have no way to confirm this. All I can suggest is that you ask your Local Authority should you need to, I would also push back if the first response is that you have to claim UC, this often seems to be the answer even when it is actually incorrect.

If you don't claim UC then if you are successful at MR or appeal then your ESA claim would be reinstated.

I can't comment on whether it is better to try and stay on ESA or switch to UC, there are advantages to both and of course disadvantages as well. The biggest upfront difference is that a UC claim would be completely new, so there will be a waiting period for your first payment and you will have have to ask to be assessed for being unfit for work, new claim form and almost certainly a face to face assessment.

Gordon

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

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