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unorthodox situation esa
- buxbunny
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9 years 10 months ago - 9 years 10 months ago #122716 by buxbunny
unorthodox situation esa was created by buxbunny
Hi. Firstly i would like to thank you as last time i posted, your help allowed me to be placed in the esa support group after some reluctance.
Now i have a new problem. Shortly after being placed in support group me and my partner split but due to my condition which they've obviously acknowledge i am unable to move out. So in short seprated but under same household. I was told i needed to make all our previous joint claims single which i have done but only people with a problem is esa which i understand. I explained to them through own forms for years and separated although in the house but trying to be amicable for our children and due to my condition i don't want to homeless and i've applied to council for rehousing etc. This was back in February and wrote a decision that was completely ignoring the facts. They said that we've been separated since start of our relationship but claiming jointly up to the point i was placed in support group. Despite this i have asked for reconsideration than mandatory reconsideration but we are now in july and there has been no decision made. Instead they keep moving the reconsideration date with no explanation and when i call several times a week i ask for a call back they never do it. On top of that i received no payments and can't claim job seekers allowance. The situation at home already hard enough and made harder with no income and i'm ensure how long esa will continue this for.
Now i have a new problem. Shortly after being placed in support group me and my partner split but due to my condition which they've obviously acknowledge i am unable to move out. So in short seprated but under same household. I was told i needed to make all our previous joint claims single which i have done but only people with a problem is esa which i understand. I explained to them through own forms for years and separated although in the house but trying to be amicable for our children and due to my condition i don't want to homeless and i've applied to council for rehousing etc. This was back in February and wrote a decision that was completely ignoring the facts. They said that we've been separated since start of our relationship but claiming jointly up to the point i was placed in support group. Despite this i have asked for reconsideration than mandatory reconsideration but we are now in july and there has been no decision made. Instead they keep moving the reconsideration date with no explanation and when i call several times a week i ask for a call back they never do it. On top of that i received no payments and can't claim job seekers allowance. The situation at home already hard enough and made harder with no income and i'm ensure how long esa will continue this for.
Last edit: 9 years 10 months ago by Gordon.
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9 years 10 months ago #122720 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic unorthodox situation esa
Paul
I am afraid it is not clear from your post whether your ESA payments have been suspended or whether your claim has been closed?
I am afraid there is no required timescale for a Mandatory Reconsideration to be completed within, you can try contacting your MP to see whether they can put any pressure on the DWP to make a Decision quickly, but even then there is no guarantee.
Contacting your MP
With regard the underlying problems you are having with your ESA, as there appears to be the possibility that an over payment may have occurred (at least in the eyes of the DWP) I am going to recommend that you get face to face advice, do an internet search for "welfare advice" with your postcode, town or county.
We are limited in the help that we can provide on the forum without sight of the letters you have had from the DWP and you need someone who can act as your advocate.
Gordon
I am afraid it is not clear from your post whether your ESA payments have been suspended or whether your claim has been closed?
I am afraid there is no required timescale for a Mandatory Reconsideration to be completed within, you can try contacting your MP to see whether they can put any pressure on the DWP to make a Decision quickly, but even then there is no guarantee.
Contacting your MP
With regard the underlying problems you are having with your ESA, as there appears to be the possibility that an over payment may have occurred (at least in the eyes of the DWP) I am going to recommend that you get face to face advice, do an internet search for "welfare advice" with your postcode, town or county.
We are limited in the help that we can provide on the forum without sight of the letters you have had from the DWP and you need someone who can act as your advocate.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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