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Your ESA payments will stop
- theo - AK
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4 years 11 months ago #231325 by theo - AK
Your ESA payments will stop was created by theo - AK
As feared my ESA payments will stop.
I was allowed to forward further information prior to this decision being made.
I sent a letter from my GP confirming my disability and asking them not to find me fit for work.
I sent a detailed critique of my WCA and why its results shouldn’t be relied upon.
I sent further details of why their criteria makes too many assumptions and does not rely on the facts as I gave them using their own criteria.
All of which was ignored!
I will ask for a mandatory reconsideration and will take it to tribunal
The DWP informed me of their decision after they had stopped payments five days after they took the decision.
My GP said she would support me and supply Fit notes (hopefully backdated) as it seems I have already lost 5 days money.
Should I:
Claim JSA and send it Fit Notes?
Or send the fit notes to the ESA Decision Maker and ask for my ESA to be re-instated whilst I appeal?
What is my best course of action?
Please help.
I was allowed to forward further information prior to this decision being made.
I sent a letter from my GP confirming my disability and asking them not to find me fit for work.
I sent a detailed critique of my WCA and why its results shouldn’t be relied upon.
I sent further details of why their criteria makes too many assumptions and does not rely on the facts as I gave them using their own criteria.
All of which was ignored!
I will ask for a mandatory reconsideration and will take it to tribunal
The DWP informed me of their decision after they had stopped payments five days after they took the decision.
My GP said she would support me and supply Fit notes (hopefully backdated) as it seems I have already lost 5 days money.
Should I:
Claim JSA and send it Fit Notes?
Or send the fit notes to the ESA Decision Maker and ask for my ESA to be re-instated whilst I appeal?
What is my best course of action?
Please help.
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- Gordon
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4 years 11 months ago #231344 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Your ESA payments will stop
TEK
You cannot claim JSA unless you were receiving the Severe Disability Premium as part of your ESA it will show as "money because you are severely disabled" on your Entitlement letters.
If you weren't receiving the Premium there your only option for a benefit during the MR process is Universal Credit, however, if you make a claim for UC then you will not be able to return to ESA.
ESA is not payable during the MR but if you do not claim anything else in the interim and request an appeal then once this is accepted in writing by the Tribunal Service then you can contact the DWP and ask for the ESA Assessment rate to be paid while you wait for a hearing.
See our ESA MR & Appeal guide for help with the process and the MR & Appeal Submission document has template letters that you can use.
Gordon
You cannot claim JSA unless you were receiving the Severe Disability Premium as part of your ESA it will show as "money because you are severely disabled" on your Entitlement letters.
If you weren't receiving the Premium there your only option for a benefit during the MR process is Universal Credit, however, if you make a claim for UC then you will not be able to return to ESA.
ESA is not payable during the MR but if you do not claim anything else in the interim and request an appeal then once this is accepted in writing by the Tribunal Service then you can contact the DWP and ask for the ESA Assessment rate to be paid while you wait for a hearing.
See our ESA MR & Appeal guide for help with the process and the MR & Appeal Submission document has template letters that you can use.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: theo - AK
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- theo - AK
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4 years 11 months ago #231352 by theo - AK
Replied by theo - AK on topic Your ESA payments will stop
Thank you for your help Gordon.
Importantly,I was receiving the severe disability premium.
Today my GP has given me a fit note (not fit to work, backdated to 2 weeks before the DWP made their decision to stop ESA) and it is valid until July.
I understand that you can only go onto JSA for 13 weeks with fit notes. then what?
Should I send a copy of the fit note and ask them to restart the ESA claim or go on JSA and send it fit notes?
I am not fit to work and my GP thinks the situation is ridiculous and will support me with fit notes as long as I need them.
Thank you.
Importantly,I was receiving the severe disability premium.
Today my GP has given me a fit note (not fit to work, backdated to 2 weeks before the DWP made their decision to stop ESA) and it is valid until July.
I understand that you can only go onto JSA for 13 weeks with fit notes. then what?
Should I send a copy of the fit note and ask them to restart the ESA claim or go on JSA and send it fit notes?
I am not fit to work and my GP thinks the situation is ridiculous and will support me with fit notes as long as I need them.
Thank you.
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- Gordon
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4 years 11 months ago #231358 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Your ESA payments will stop
TEK
You cannot receive any ESA payments until you request an appeal
So if you were receiving the SD Premium as part of your ESA then you are barred from claiming UC at this time.
You can make a claim for JSA and once this is accepted and in payment, present a Fit Note for up to 13 weeks which should then excuse you from any Claimant Commitment you might have to make.
I would expect the MR to be completed within the 13 weeks.
Once the MR is completed you can then decide whether to stay on JSA or switch back to ESA if you need to appeal.
You may find that you will be paid more on JSA than you will on ESA as you will be eligible for the Disability Premium which is not payable with ESA but after the 13 weeks you will be expected to honour your Commitment and you claim can be closed if you are unable to do so.
Gordon
You cannot receive any ESA payments until you request an appeal
So if you were receiving the SD Premium as part of your ESA then you are barred from claiming UC at this time.
You can make a claim for JSA and once this is accepted and in payment, present a Fit Note for up to 13 weeks which should then excuse you from any Claimant Commitment you might have to make.
I would expect the MR to be completed within the 13 weeks.
Once the MR is completed you can then decide whether to stay on JSA or switch back to ESA if you need to appeal.
You may find that you will be paid more on JSA than you will on ESA as you will be eligible for the Disability Premium which is not payable with ESA but after the 13 weeks you will be expected to honour your Commitment and you claim can be closed if you are unable to do so.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- theo - AK
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4 years 11 months ago #231368 by theo - AK
Replied by theo - AK on topic Your ESA payments will stop
Thank you very much, very helpful.
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