× Members

ESA Stopped but still paying question

  • cplmadison
  • Topic Author
9 years 2 months ago - 9 years 2 months ago #130124 by cplmadison
ESA Stopped but still paying question was created by cplmadison
hi

last year I attended a reassessment (i had been on esa for 3 years prior) with ATOS. They decided I was fit for work and had nothing wrong with me (0 points on physical and mental). I took it to Tribunal but due to ill health and several postponements I went over the 6 months period and asked for the Tribunal to be cancelled. I received a letter saying it has been cancelled. Now since failing my medical I have been paid the full amount of ESA (not the reduced amount you get during appeals) and today I received a letter saying "Changes in Social Security Benefits" and my new calculation says I will get:

Living expense: £73.10
Extra money WRAG £29

total they will pay me £102.15

So my question first is, is this a weekly amount? or the total monthly amount?

and what exactly is going on? Did I really fail the medical? Or am I being paid in error

Im so confused !
Last edit: 9 years 2 months ago by bro58.

Please Log in or Create an account to join the conversation.

  • bro58
9 years 2 months ago #130139 by bro58
Replied by bro58 on topic ESA Stopped but still paying question

cplmadison wrote: hi

last year I attended a reassessment (i had been on esa for 3 years prior) with ATOS. They decided I was fit for work and had nothing wrong with me (0 points on physical and mental). I took it to Tribunal but due to ill health and several postponements I went over the 6 months period and asked for the Tribunal to be cancelled. I received a letter saying it has been cancelled. Now since failing my medical I have been paid the full amount of ESA (not the reduced amount you get during appeals) and today I received a letter saying "Changes in Social Security Benefits" and my new calculation says I will get:

Living expense: £73.10
Extra money WRAG £29

total they will pay me £102.15

So my question first is, is this a weekly amount? or the total monthly amount?

and what exactly is going on? Did I really fail the medical? Or am I being paid in error

Im so confused !


Hi cplm,

The letter that you quote looks very much like the annual benefits uprating letter that claimants receive this time of year.

The rate that you quote are the new rates applicable after 06/04/15, as can be seen: Here.

The rates that you quote in the letter :

Personal Allowance for a single over 25 year old = £73.10

&

WRA Component = £29.05

Total = £102.15 is what someone in The WRAG would be paid after 06/04/15.

Are you sure that the Appeal did not lapse, as The DWP changed the 0 points decision to WRAG ?

Are you sure that you were not placed into The WRAG originally, especially if you have been receiving The ESA Personal Allowance and The WRA Component since the time of the original decision ?

The only way to gain some clarity is to contact The DWP :

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA.

Sending Documents to the DWP or ATOS

If you are in The WRAG that should be apparent on-screen, in your file.

bro58

Please Log in or Create an account to join the conversation.

  • cplmadison
  • Topic Author
9 years 2 months ago - 9 years 2 months ago #130145 by cplmadison
Replied by cplmadison on topic ESA Stopped but still paying question
hi

the appeal didnt lapse, the tribunal was cancelled due to poor health, they did say I had 1 month to reopen the appeal which I didnt do. But even after my mandatory reconsideration, my ESA payment never dropped back to the assessment rate which its supposed to do during the appeal process. Ive always been on the higher amount (I was in the WRAG for 3 years).

Im wondering if someone at DWP overruled both decision makers or someone made a clerical error. Either way im scared to contact them now incase they demand 10 months ESA payments back and I have no way to repay it!
Last edit: 9 years 2 months ago by bro58.

Please Log in or Create an account to join the conversation.

More
9 years 2 months ago #130146 by slugsta
Replied by slugsta on topic ESA Stopped but still paying question
If this is an overpayment, it will only get worse as time goes on. DWP will realise eventually and the longer it goes on, the higher the amount of overpayment.

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

Please Log in or Create an account to join the conversation.

  • bro58
9 years 2 months ago #130147 by bro58
Replied by bro58 on topic ESA Stopped but still paying question

cplmadison wrote: hi

the appeal didnt lapse, the tribunal was cancelled due to poor health, they did say I had 1 month to reopen the appeal which I didnt do. But even after my mandatory reconsideration, my ESA payment never dropped back to the assessment rate which its supposed to do during the appeal process. Ive always been on the higher amount (I was in the WRAG for 3 years).

Im wondering if someone at DWP overruled both decision makers or someone made a clerical error. Either way im scared to contact them now incase they demand 10 months ESA payments back and I have no way to repay it!


Hi cplm,

I am afraid that there is not much more that I can suggest ! :(

bro58

Please Log in or Create an account to join the conversation.

Moderators: bro58GordonGaryBISCatherineWendyKellygreekqueenpeterKatherineSuper UserjimmckChris
We use cookies

We use cookies on our website. Some of them are essential for the operation of the site, while others help us to improve this site and the user experience (tracking cookies). You can decide for yourself whether you want to allow cookies or not. Please note that if you reject them, you may not be able to use all the functionalities of the site.