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ESA Denied from 18.3.2017

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7 years 4 weeks ago #185269 by bettyboo
ESA Denied from 18.3.2017 was created by bettyboo
Hi, I am new to site.

Received my ESA letter stating I am not entitled to ESA. Was previously in support group and prior to that on Incapacity since 2004. I completed the assessment form in early 2016 and the appointment to see a HCP only came through for February 2017.

It states: Below are the decision makers reasons:

WCA Disallowance.

I have superseded the decision awarding Employment and Support Allowance from and including 17-04-13 following assessment. This is on page 5. Then it goes on to state that I am not entitled to ESA from 18.3.17 on the last page.

Does this mean that they are telling me that I cannot claim from 2013 and therefore I have been overpaid ESA and will have to pay it back.
I am so worried as this is a lot of money and I can no way pay it back.

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7 years 4 weeks ago #185293 by Gordon
Replied by Gordon on topic ESA Denied from 18.3.2017
bettyboo

As the letter says that you are not entitled to ESA from 18/3/17 I do not think that the Decision is being backdated and so there should be not requirement for you to pay anything back.

This is unusual terminology for a Fit for Work letter, normally the letter explains why you have failed the assessment. I there nothing about this in the letter?

Gordon

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

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7 years 4 weeks ago #185304 by bettyboo
Replied by bettyboo on topic ESA Denied from 18.3.2017
On page one under our decision it states that although you have an illness you are now capable of doing some work, blah blah Then on page two it states because your wca shows you can do some type of work this means we cant pay you esa from 13 March 2017.Page 4 and 5 show the ponts tables and no points for the assessment.
Page 6 which is headed Below are the Decision Makers reasons for the decision on your claim. Its has a sub heading of WCA Disallowance and then it states - I have superseded the decision awarding Employment and Support Allowance (ESA) from and including 17-04-13 following assessment.

It sounds to me that they are disallowing my claim from 2013 which I think when I changed from incapacity to ESA, Originally my first ESA claim was turned down after assessment and then I appealed and was put on lower level payment until claim sorted. They then asked if I was willing to go to court which I said yes. A month or so later I had a letter stating they had revised the decision and given me ESA support group. They then sent backdated payment. Since that time I have not been asked to attend assessment or anything until I had the letter last year it was May 2016 for reassessment. The medical interview came nearly a year later.

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7 years 4 weeks ago - 7 years 4 weeks ago #185317 by Gordon
Replied by Gordon on topic ESA Denied from 18.3.2017
bettyboo

It is unusual for a Decision Maker to make reference to the previous Decision but from what you have posted, that is all that they are doing.

The letter says "you are now capable of work" and " we can't pay you ESA from 17/04/17 "

If they were backdating the Decision to 2013, trust me you would know that this was the case :)

You need to think about challenging this Decision.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 7 years 4 weeks ago by Gordon.
The following user(s) said Thank You: bettyboo

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7 years 4 weeks ago #185342 by bettyboo
Replied by bettyboo on topic ESA Denied from 18.3.2017
Thank you Gordon. I hope you are right.

To be honest the wait the decision and worry about all this has made me feel very unwell. Especially the worry of me having to pay back £20k. Although this is not stated on the decision I can't see why they have mentioned it. Surely they would have just put 18.3.17.

I havent really got the strength mentally to appeal I think I would surely have a heart attack with the worry.

After working full time from the age of 16 to 36 then leaving due to complications of a broken back. I then got arthritis of both hips shoulder impingement hip bursitis and plantar fasciitis along with knee pain joint pain dizziness and hypothyroidism I havent the mental ability to take it further. I am saddened that I have to fight for this benefit that I have paid in for 20 years plus. Also my husband has always worked and paid his taxes and contributions for 30 years.

Thank you Again

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7 years 4 weeks ago #185345 by bicstar
Replied by bicstar on topic ESA Denied from 18.3.2017
I think it must be their new terminology. My letter which I've received this week also says they've superseded the decision made in 2013/2014 but from 18/3/2017 I'm not entitled to ESA.

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