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No response from DWP
- Clive
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9 years 5 months ago #125921 by Clive
No response from DWP was created by Clive
Hi, I wonder if any one has an opinion-
My caim was closed (IB/ESA) mid August, when I discovered this I phoned DWP (1st September) and was told to write to Belfast Benefits Centre and ask for it to be reinstated. This I diid, also asking for any forms to be sent and requesting the address of a local office I might go to. I then wrote a second time, eventually recieving an ESA50, my original letter and a post it note saying to send it all back which I did over a month ago. Since then I have heard nothing, despite writing more letters.
Can this be right? Firstly the now long delay and secondly they have only sent me a post it note which explains nothing about the situation.
Surely I am due at least an explanation of some sort. As things stand I am now not even entitled to free prescriptions and will soon be completely destitute.
My caim was closed (IB/ESA) mid August, when I discovered this I phoned DWP (1st September) and was told to write to Belfast Benefits Centre and ask for it to be reinstated. This I diid, also asking for any forms to be sent and requesting the address of a local office I might go to. I then wrote a second time, eventually recieving an ESA50, my original letter and a post it note saying to send it all back which I did over a month ago. Since then I have heard nothing, despite writing more letters.
Can this be right? Firstly the now long delay and secondly they have only sent me a post it note which explains nothing about the situation.
Surely I am due at least an explanation of some sort. As things stand I am now not even entitled to free prescriptions and will soon be completely destitute.
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- Gordon
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9 years 5 months ago #125922 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No response from DWP
Clive
Welcome to the forum.
It's a little difficult to offer advice without more information, I am also conscious that the forum is about to close to new posts until this evening.
You say that your ESA(IR) claim was closed in August, do you know why this happened?
Was this a new claim?
Were you still in the assessment phase or in the WRAG or Support Group?
Have you been asked to complete an ESA50 previously or to attend an assessment?
If you did is it possible that you were found Fit for Work?
To try and deal with the immediate problem.
If you were found Fit for Work then although you can make a new claim immediately you will not be paid until six months have passed or you attend an assessment unless you can show that your condition has deteriorated or that you have a new condition which prevents you working.
The above applies if you have been found FfW due to a technical failure such as failing to attend an assessment.
Payments can be suspended if you fail to provide information related to your claim, this would also be the case if you do not have an active Fit Note during the Assessment phase.
If your ESA has just been stopped with no explanation, then you are entitled to a written explanation from the DWP as to why this has happened, if this has not been forthcoming despite your requests then I would make a formal complaint to the DWP about the situation, keep a record and receipts for any additional expenses that you have due this issue as you may be eligible for compensation.
Complaining to ATOS Healthcare
and I would involve your MP
Contacting your MP
With regard to the prescriptions, if your ESA(IR) is re-instated then you should be able to request a refund but will have to pay the full charge in the interim. You can complete an HC-3 low income form to get an HC-1 exemption certificate or you can buy a Prescription Pre-Payment certificate which allows you to pay for prescriptions up front and save you money, do an internet search for additional information.
We're open again at 8pm if you can provide further information about your situation.
Gordon
Welcome to the forum.
It's a little difficult to offer advice without more information, I am also conscious that the forum is about to close to new posts until this evening.
You say that your ESA(IR) claim was closed in August, do you know why this happened?
Was this a new claim?
Were you still in the assessment phase or in the WRAG or Support Group?
Have you been asked to complete an ESA50 previously or to attend an assessment?
If you did is it possible that you were found Fit for Work?
To try and deal with the immediate problem.
If you were found Fit for Work then although you can make a new claim immediately you will not be paid until six months have passed or you attend an assessment unless you can show that your condition has deteriorated or that you have a new condition which prevents you working.
The above applies if you have been found FfW due to a technical failure such as failing to attend an assessment.
Payments can be suspended if you fail to provide information related to your claim, this would also be the case if you do not have an active Fit Note during the Assessment phase.
If your ESA has just been stopped with no explanation, then you are entitled to a written explanation from the DWP as to why this has happened, if this has not been forthcoming despite your requests then I would make a formal complaint to the DWP about the situation, keep a record and receipts for any additional expenses that you have due this issue as you may be eligible for compensation.
Complaining to ATOS Healthcare
and I would involve your MP
Contacting your MP
With regard to the prescriptions, if your ESA(IR) is re-instated then you should be able to request a refund but will have to pay the full charge in the interim. You can complete an HC-3 low income form to get an HC-1 exemption certificate or you can buy a Prescription Pre-Payment certificate which allows you to pay for prescriptions up front and save you money, do an internet search for additional information.
We're open again at 8pm if you can provide further information about your situation.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Clive
- Topic Author
9 years 5 months ago #126032 by Clive
Replied by Clive on topic No response from DWP
Thanks for the information. I will make a complaint. Still no reply despite more letters from me.
I have not been found fit for work, the ESA50 that i filled in is the first one in a long time. They said on the phone that they couldn't give any details or change anything as the claim was closed because i hadn't responded to a letter, I'm NFA as they know and recieving letters is a bit precarious for me.
I first became NFA several years ago when they found me fit for work and then messed about with me getting to Tribunal for nine months by which time I had been evicted from my flat. My appeal was accepted by the tribunal. They've cut me off for short periods twice since then and once explained (on the phone) that the easiest way to get hold of me was by stopping my money.
Their behaviour is criminal really isn't it.
I have not been found fit for work, the ESA50 that i filled in is the first one in a long time. They said on the phone that they couldn't give any details or change anything as the claim was closed because i hadn't responded to a letter, I'm NFA as they know and recieving letters is a bit precarious for me.
I first became NFA several years ago when they found me fit for work and then messed about with me getting to Tribunal for nine months by which time I had been evicted from my flat. My appeal was accepted by the tribunal. They've cut me off for short periods twice since then and once explained (on the phone) that the easiest way to get hold of me was by stopping my money.
Their behaviour is criminal really isn't it.
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- Gordon
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9 years 5 months ago #126035 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic No response from DWP
Clive
Just to confirm, your claim has been closed rather than your payments being suspended.
If your claim has been closed, whatever the reason, then your only options are to challenge the Decision to close it by requesting a Mandatory Reconsideration or to make a new claim.
If your want to request an MR then you will need to understand the reason for the claim being closed in the first place. The DWP should have notified you in writing of their Decision to close your claim with their reasons for doing so, have you received such a letter?
The MR process is explained in more detail in our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you want to make a new claim then you can do this even if you request an MR, however, I do not think that you will not be entitled to payment until six months have elapsed since the Decision closing your previous one, unless you can show that you have a new condition or that your original conditions have deteriorated.
Gordon
Just to confirm, your claim has been closed rather than your payments being suspended.
If your claim has been closed, whatever the reason, then your only options are to challenge the Decision to close it by requesting a Mandatory Reconsideration or to make a new claim.
If your want to request an MR then you will need to understand the reason for the claim being closed in the first place. The DWP should have notified you in writing of their Decision to close your claim with their reasons for doing so, have you received such a letter?
The MR process is explained in more detail in our ESA MR & Appeal guide.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you want to make a new claim then you can do this even if you request an MR, however, I do not think that you will not be entitled to payment until six months have elapsed since the Decision closing your previous one, unless you can show that you have a new condition or that your original conditions have deteriorated.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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