ESA Live Claim. No money for 15 weeks.

Can anybody help me with the problem I have with DWP at the mo please.
My CB ESA ended on the 20th Oct 2012. I read on various websites that if you had a 12 week break you could reapply again. My condition has deteriorated and I have other health issues now. I was asked to attend yet another medical assessement a couple of weeks after my ESA ended, I cancelled the first appointment as it was inconvenient but have had 3 further appointments sent to me which ATOS have cancelled 3 hours before on the day of the appointments. I didn't think anything of this till last week.
I reapplied for CB ESA on the 17th Jan and rang up last week to see what was going on with my new claim. They told me that they hadn't received my claim which I know they have as it was sent by recorded delivery and that I couldn't make a new claim as I have exhausted all of my contributions (I have worked for over 20 years until 2010) and that also because my old claim is still live, so my claim is still live as I am now believing this is because of this outstanding assessement ! They basically said that I was alright because my husband works !l! They told me that I could write in for a reconsideration in order to try and get into the support group but I am convinced that they will not accept my reconsideration as that should have been done within 1 month of my ESA finishing.
I have been to Citizens Advice twice this week who are also confused about this live claim business but have explained to me that I have probably exhausted my contributions as I haven't worked since 2010 and have also called ATOS to find out why they keep cancelling and whether they can guarantee my next medical on the 26th Feb which they can't. I am at my wits end and so stressed out as I am living on nothing at the moment and all of my husbands earnings go on the mortgage and bills etc, we are living day to day. I have phoned up to see if I can try to caim PIP instead but reading on here I probably won't be awarded that either and my doctor has just signed me off or another year so I am stuck in no mans land. Can anyone out there give me any advice at all please???

Hi banners and welcome to the forum.

On the assumption that you are also new to the site, this FAQ will help you find your way around.

Welcome to Benefits and Work

Due to changes in law, contributary ESA is only payable for 365 days for those in the WRAG. As you have exhausted this entitlement you will only recieve further payment if you are put into the Support Group as a result of a future reassessment (or if you qualify for income-related ESA on grounds of low joint income/assets. Your husband would have to worl less than 24 hours a week.).

12 Month Limit for ESA(CB)

24 hour work rule for ESA(IR)

I'm afriad there is no way round this. You could only have qualified for an other period of contributary ESa if you could have fullfilled the NI contribution conditions as s result of paid employment, which you are not able to do having not worked since 2010.

It seems that you best chance of getting payment re-instated is to be assigned to the Support Group as a result of your forthcoming assessment.

Qualifying for the Support Group

I agree that the continual cancellation of appointments is disgraceful. Maybe your MP should be made aware of this?

Contacting your MP

You can also put in a formal complaint to ATOS

Complaining to ATOS Healthcare

PIP is a new benefit which is taking the place of DLA. It is paid for people who have care and/or mobility needs and can be paid aslongside ESA. As you have indicated, there is currently a huge backlog of cases awaiting a decision

How do I get (claim) personal independence payment (PIP)?

Please come back to this topic to ask any further questions, it really helps us if everything is kept in the same place. You will find itr easily in future if you mark it as a favourite, or bookmark it, on your web browser now.

Dear Mrs Hurtyback

Thank you for taking the time to reply to my post. I have been a member for a couple of years now and wanted to update you after the wonderful news I have received today.

I have received a letter from the DWP who have seemed to have found my new claim form and have given me another year of CB ESA and backdated my claim to the 10th Jan. I had claimed from the 14th Jan. Also my PIP forms have finally come through the post today as well. I now have the difficult decision on whether to rock the boat and ask to be reconsidered for the support group or bide my time and try and claim PIP alongside ESA until it runs out again next Jan.
Why they have done a complete turnaround on this I don't know but as they have tried it on with me before and tried to finish my last ESA 6 months early thinking that I didn't know what I was entitled to I don't know, or maybe it was because CAB rang ATOS to complain about my assessement being cancelled the past 3 times or maybe because they now know that I will be trying to claim for PIP, I have no idea and my assessement from last November has still not been carried out. Also I am not spending anytime in the Assessement phase but have been put straight into the WRAG.

I hope my news gives other people hope and not giving up with the DWP, they try it on all the time expecting you to go away.

Kind Regards.

Hi Banners, thanks for the update.

I'm glad that things seem to be moving for you, finally. I must say that I am also rather confused as to why you have been granted another 365 days on WRAG! Are you sure you are actually going to be paid during this time?

Hi B7474,

I agree with MHB,

There are some anomalies here.

You say you made a fresh claim on The 17th Jan in your first post :

"I reapplied for CB ESA on the 17th Jan and rang up last week to see what was going on with my new claim."

From :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100491#117108

In your post from today you state :

"I have received a letter from the DWP who have seemed to have found my new claim form and have given me another year of CB ESA and backdated my claim to the 10th Jan. I had claimed from the 14th Jan."

From :

www.benefitsandwork.co.uk/forum?view=top...=10&id=100491#117387

If this was 14th/17th Jan 2013 the relevant years for NI Contributions/NI Credits would be 2010/11 & 2011/12.

If it was 14th/17th Jan 2014, the relevant years for NI Contributions/NI Credits would be 2011/12 & 2012/13

If your fresh claim was Jan 2014, then NI Contribution paid whilst in employment from 2010 could not count.

If the fresh claim was from Jan 2013, they may do.

As MHB asks, are you sure that you have not been placed into The WRAG, and are entitled to NI Credits only. (no payment of CB ESA) ?

bro58