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ESA Claim submitted June 2013 but no medical yet
- dchbrown
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10 years 1 month ago - 10 years 1 month ago #118720 by dchbrown
ESA Claim submitted June 2013 but no medical yet was created by dchbrown
I would like to ask about the usual delays from submitting an ESA50 form, to being asked for a medical or receiving a decision.
I have used the resources on this site to help my wife claim ESA and DLA without any issues, but my Mother was recently injured in a fall at work and due to complications, including requiring a triple heart bypass is now unable to work. She has claimed IIDB and DLA successfully but ESA is causing us some level of stress.
The ESA claim was submitted in June 2013 and she was put on the assessment rate based on her contributions. However she received a letter last week informing her that her benefit would cease in June 2014 as she would have received the 12 months that she was entitled.
My questions are around what happens next:
Is it normal to have to wait for over 9 months before being called for an assessment?
What happens in June when the entitlement stops? Does just the money stop, or is the whole application cancelled?
If a decision is made after the 12 months is the money backdated? If so when to?
Thank you for any help or advice you might be able to give.
I have used the resources on this site to help my wife claim ESA and DLA without any issues, but my Mother was recently injured in a fall at work and due to complications, including requiring a triple heart bypass is now unable to work. She has claimed IIDB and DLA successfully but ESA is causing us some level of stress.
The ESA claim was submitted in June 2013 and she was put on the assessment rate based on her contributions. However she received a letter last week informing her that her benefit would cease in June 2014 as she would have received the 12 months that she was entitled.
My questions are around what happens next:
Is it normal to have to wait for over 9 months before being called for an assessment?
What happens in June when the entitlement stops? Does just the money stop, or is the whole application cancelled?
If a decision is made after the 12 months is the money backdated? If so when to?
Thank you for any help or advice you might be able to give.
Last edit: 10 years 1 month ago by Gordon.
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- Gordon
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10 years 1 month ago #118724 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Claim submitted June 2013 but no medical yet
dchbrown
I am afraid that I have to tell that the ESA assessment process is suffering significant delays at the moment, your mother can chase ATOS Healthcare, which is the organisation causing the delays, but she will likely be told that there is nothing that they can do, the only other thing we can suggest is that she contact her MP, it is possible that they can bring some leverage on ATOS to get her assessed.
Contacting your MP
If her conditon has changed then she can provide up to date information up until the day that she has as assessment. We recommend sending a copy to ATOS, the DWP office dealing with her claim and that she take a copy of all additional information to any assessment and ask that it be read.
AS she is currently receiving ESA(CB) payments are limited to 365 days for anybody not in the Support Group, so her payments will stop in June as she has been notified if no Decision has been made on her claim. If a Decision is made then on-going payments will depend on the result.
- if she is found Fit for Work then payments will stop, she can challenge the Decision and will not be required to pay any of the ESA she has received back.
- if she is placed in the WRAG, then her payments will stop, she will receive back payment for the difference between the WRAG rate and Assessment rate. She can challenge the Decision. If she is not eligible for ESA(IR) (see below) then she will continue to receive NI Credits that count towards a full State Pension.
In both of the above cases, if she is also eligible for Income Related ESA then she will continue to receive payments. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
- if she is placed in the Support Group then her ESA(CB) payments will continue and the time limit of claiming ESA(CB) will be reset and she will have a further 365 days if she is taken out of the SG at a future assessment.
Gordon
I am afraid that I have to tell that the ESA assessment process is suffering significant delays at the moment, your mother can chase ATOS Healthcare, which is the organisation causing the delays, but she will likely be told that there is nothing that they can do, the only other thing we can suggest is that she contact her MP, it is possible that they can bring some leverage on ATOS to get her assessed.
Contacting your MP
If her conditon has changed then she can provide up to date information up until the day that she has as assessment. We recommend sending a copy to ATOS, the DWP office dealing with her claim and that she take a copy of all additional information to any assessment and ask that it be read.
AS she is currently receiving ESA(CB) payments are limited to 365 days for anybody not in the Support Group, so her payments will stop in June as she has been notified if no Decision has been made on her claim. If a Decision is made then on-going payments will depend on the result.
- if she is found Fit for Work then payments will stop, she can challenge the Decision and will not be required to pay any of the ESA she has received back.
- if she is placed in the WRAG, then her payments will stop, she will receive back payment for the difference between the WRAG rate and Assessment rate. She can challenge the Decision. If she is not eligible for ESA(IR) (see below) then she will continue to receive NI Credits that count towards a full State Pension.
In both of the above cases, if she is also eligible for Income Related ESA then she will continue to receive payments. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
- if she is placed in the Support Group then her ESA(CB) payments will continue and the time limit of claiming ESA(CB) will be reset and she will have a further 365 days if she is taken out of the SG at a future assessment.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: dchbrown
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- citymike
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10 years 1 month ago #118726 by citymike
Replied by citymike on topic ESA Claim submitted June 2013 but no medical yet
hi dchbrown
As I said recently on another thread a friend of mine sent his ESA50 in May13 and has just heard that his f2f will be the end of this month.
As all the Mods are saying there is a huge backlog.
Good luck
CM
As I said recently on another thread a friend of mine sent his ESA50 in May13 and has just heard that his f2f will be the end of this month.
As all the Mods are saying there is a huge backlog.
Good luck
CM
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