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DWP Decision.

  • Rees
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9 years 7 months ago - 9 years 7 months ago #125275 by Rees
DWP Decision. was created by Rees
Hi, I have been on invalidity/incapacity benefit for a very long time, I had a WCA December 2012 and scored zero points. I went to an appeal tribunal was awarded 15 points and put in the WRAG group, at the time I didn't realise there were two groups and I would only receive money for 365 days, in my case until 21st December 2013. On the advice of CAB on October 26th 2013 I wrote to the DWP asking to be reconsider for the SG on the grounds of my condition deteriorating, the DWP put it into the hands of Atos who sent my forms to fill in which I returned December 10th 2013, I was told I would have to attend a WCA. I waited 9 months for this assessment at which time my money had stopped.I had my WCA September 22nd 2014,I was assessed by a qualified doctor as I had sent in medical letters and an MRI scan report from my consultant, I also gave him the same reports at my assessment. I received a phone-call on the 25th September 4 days after my assessment from the DWP, after going through security questions she told me that they had received my file back from Atos and that I was being placed in the SG she told me the amount my payments were before they were stopped and the date they were stopped and asked me if it was correct, she then said that an ESA 1 was being sent to me and I had to fill it in within the month or lose my claim. I received these forms today but no other information, on the top of the form was written in asterisks was cont exhausted December 21 2013.I rang DWP to ask them why I had to fill in this as it was for first time claimants,I spoke to someone at a call centre, she said that there was a note on her system which said these had been sent out by mistake as my claim was made on deterioration and if I sent them back they were to be ignored. She told me there was nothing about my claim on the system as a decision hadn't been made about which group I was being placed in, when I told her I had received a phone-call saying I had been placed in the SG she said a decision wasn't made until it was on the computer system and a letter sent to me telling me about my group, payments etc. from the DWP. Can you tell me if this is the normal procedure, a phone-call telling you that you are in the SG if a decision hasn't been made.
Last edit: 9 years 7 months ago by Gordon.

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9 years 7 months ago #125278 by Gordon
Replied by Gordon on topic DWP Decision.
Rees

Unfortunately claimants who qualify for the SG sometime after their original ESA(CB) claim was closed because of the 365 day limit are in a bit of a Catch 22.

At the end of the 365 days, if the claimant is not eligible for Income Related ESA, their claim is closed and their computer record is archived, leaving nothing of significance on the DWP systems. The requirement for an ESA1 to be completed is to re-capture the claimants information and in particular any changes that have occurred in the interim, so that the computer record can be re-created.

It is perfectly possible that a system generated Decision Letter cannot be printed if there is no computer record and the Call Centre staff would also be limited in the information available to them when you phoned.

I am not aware of any legal requirement for the ESA1 to be completed within one month, but as nothing can happen with your claim until the DWP receive a completed form, it is most certainly in your interest to return it as soon as possible. Even though the DWP should know that this is not in regard to a new claim I would be tempted to mark it "Re-instatement of Claim" or something similar.

There is of course, nothing preventing the DM creating a Decision Letter manually, you are entitled to written notification of the Decision, I would suggest that you contact the DWP and ask for such a letter to be produced, if the call centre staff still profess ignorance of the situation you should ask for a call back from a Customer Manager.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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  • Rees
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9 years 7 months ago #125283 by Rees
Replied by Rees on topic DWP Decision.
Hi Gordon, My case wasn't closed the DWP told me it was still active and my NI credits were still being paid, the lady on the phone today told me not to send my ESA 1 back as it had been sent to me and it should not have been sent, and if I did send it back they were to ignore it.I sent my reconsideration letter in 2 months before my claim ended and was told then and after my money ran out it was still active. If this is the case, will I be entitled to ant money.

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  • Rees
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9 years 7 months ago - 9 years 7 months ago #125285 by Rees
Replied by Rees on topic DWP Decision.
Hi Gordon, My information is still on the system but nothing referring to me being put in the SG as she said it takes between 6-8 weeks for a decision to be made, but what I can't understand is, if a decision hasn't been made why did they phone me telling me that one had.
Last edit: 9 years 7 months ago by bro58.

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  • bro58
9 years 7 months ago - 9 years 7 months ago #125287 by bro58
Replied by bro58 on topic DWP Decision.

Rees wrote: Hi Gordon, My information is still on the system but nothing referring to me being put in the SG as she said it takes between 6-8 weeks for a decision to be made, but what I can't understand is, if a decision hasn't been made why did they phone me telling me that one had.


Hi R,

The information that Gordon has previously provided is correct.

Even though your ESA Claim may not have been entirely closed as you were still being credited with NI Credits.

As far as payments are concerned, it would have been closed administratively.

This is why a fresh ESA 1 may be needed, to restart the claim payments.

We have dealt with other members in a very similar scenario, and they have filled in and returned an ESA 1 to restart payments of CB ESA.

It is true in that it can sometimes take 6-8 weeks to scan fresh information onto a claimant's file.

However, there is no decision to be made, that has already been done when you were placed into The SG as a result of a review/supersession of your WRAG award.

You should be entitled to CB ESA in The SG from the date that the review/supersession request was received by The DWP, which according to your information seems to be circa "December 10th 2013".

You should be very wary of information that you are given over the phone. If you rang 0345 608 8545 Press Option 3 for ESA and spoke to your first line of contact, that would be a DWP Call Responder only, their information is not always that accurate.

You could try calling back, as early in the morning as possible, and request an escalation to a Supervisor. They should arrange a call back.

bro58
Last edit: 9 years 7 months ago by bro58.

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  • Rees
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9 years 7 months ago - 9 years 7 months ago #125289 by Rees
Replied by Rees on topic DWP Decision.
Thanks bro58 for your reply, I will ring them again tomorrow.
Last edit: 9 years 7 months ago by bro58.

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