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ESA Harassment

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8 years 10 months ago #136328 by susanalicebarry
ESA Harassment was created by susanalicebarry
I have recently come off Income Support and began claiming Esa, it is coming up to the 13 week period. I have given them sick notes and my last one covers me until 20th July.

At the start of my claim I had a few problems as I have another adult living with me and I have lost my Disability premium.

They have put in writing that they accept we are not a couple and that was about 6 weeks ago. My friend and carer has been living in my home since 2010 when my daughter moved out. I attended many inverviews with Income Support over the years and had to go through an in depth interview with Esa at the start of my claim.

Today I received a letter from the Compliance Office stating that they want me to attend an Interview, when I asked why the lady stated that Esa had asked for this interview to take place as it is regarding the person who is living in my home???

I am furious and told her I would not attend the interview and if they wanted to interview me then they can come out to my home to which she replied they do not do this. I stated it showed quite clearly on my sick note that I am severely depressed, suffer from anxiety, that I am suicidal and unable to attend the interview, she then said she would get in touch with the home visiting team and that they would contact me in a few weeks!

I then realised that this is harassment, I have provided them with plenty of proof in the past and they have already accepted that we are not a couple so I rang her back and left a message that I was going to send a cease and desist letter, she hasn't rang me back.

I then contacted the Esa and explained the situation on the phone and also mentioned sending in a cease and desist letter, they have promised to pass the message onto the benefits team and that I should receive a phone call no later than 15:10pm.

Why are they doing this to me, it is making me so angry, very upset and feeling totally harassed which is having a severe affect on my mental health.

Any advice would be much appreciated.

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8 years 10 months ago #136348 by Gordon
Replied by Gordon on topic ESA Harassment
Suzi

I'm afraid that I think it unlikely that your cease and desist letter will have any impact on the DWP's actions, it is implicit in your claiming benefits that the DWP can ask you for additional information about your personal circumstances at any time.

At the risk of adding to your concerns, failing to comply with a request can result in your benefit being suspended until the matter is resolved.

If, as appears to be the case from your post, the DWP have already resolved the issue of your lodger, then you are entitled to make a formal complaint about this "new" investigation into the matter. See

Complaining to the DWP

You might also want to consider involving your MP

Contacting your MP

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry

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8 years 10 months ago #136404 by susanalicebarry
Replied by susanalicebarry on topic ESA Harassment
Hi Gordon
I received the telephone call from esa yesterday and explained that why I had received at letter from them in April stating that they accept that we are not a couple that they want me to attend an interview with the compliance officer on the same subject, he stated that my circumstances may have changed. I replied (in 8 weeks) I don't think so. The person who resides with me is classed as a non dependent and not a Lodger as he pays me £14 a week towards gas and electric, buys his own food and does his own washing and leads his own life. The reason I don't charge more is he is a friend and a carer but is not entitled to carer's allowance as he earns over £100 a week and works shifts, I have another carer who deals with my personal care and lives next door. They know all this, I was on Income Support for years and I have had 8 interviews over this time, and now am being harassed by esa. I actually told the guy off. They should look at all my interview notes from the past. The person who lives in my home is gay and a dear friend. I employ a gardener, decorators, he does nothing within my home. He does however get my shopping for me, helps with my washing and helps me with my pets, takes me to Hospital and Doctors appointments when he can. He is currently on holiday so I am dependent on my neighbour for all my needs right now. Just wish esa would leave me alone. I have just gone Bankrupt, if I had a partner I wouldn't of had to go Bankrupt!! I told the esa that I needed my money sorted out asap as I am unable to manage as I pay for my carers out of my DLA, I have already lost the disability premium as I have another adult living in my home yet strangely I was getting this premium whilst on Income support. This system is insane and is driving people like me with both mental health and physical health problems insane also. I do not have to attend the interview with the compliance officer now and apparently I am going to receive a letter, god knows what that will say.

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8 years 10 months ago #136415 by Gordon
Replied by Gordon on topic ESA Harassment
Suzi

Well at least things have moved forward.

If you are referring to the Disability Premium and not another disability premium, then this is not payable with ESA, it is replaced by either the WRAG or Support Group component as applicable.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry

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8 years 10 months ago - 8 years 10 months ago #136564 by susanalicebarry
Replied by susanalicebarry on topic ESA Harassment
Hi Gordon, thank you for your help, I received a letter this morning that the visiting team are coming to visit me on 25th and that I have to free up the whole day. I was planning to go see my Dad in Liverpool, my Sister-in-Law was going to take me (he has terminal lung cancer and we have been told that his death will be quick) but we don't know how quick, it could be a matter of weeks. I can't avoid the esa visit so I am unable to visit my Dad. The following week I was going abroad for a week for a long earned rest as I have mental health problems [phrase removed] I can't deal with all this stress. Esa have all the infomation they need, I have given them the same information over and over again and they have accepted that we are not a couple, I have this in writing dated 27th April, but they still insist on visiting, Don't know what to do, I thought they were meant to leave me alone as I am in the exceptional group but they are ignoring this fact. Please help. Thank you.
Last edit: 8 years 10 months ago by Gordon. Reason: phrase removed

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8 years 10 months ago #136625 by Gordon
Replied by Gordon on topic ESA Harassment
Suzi

It is possible that they want to see your living arrangements and to check that your finances are separate.

I'm afraid that being in the Support Group does not exempt you from the DWP seeking information In regard to entitlement.

From what you have posted you have nothing to worry about. I know it is more easily said than done but try not to stress too much about this, the sooner it is done, the sooner that it will be over. :)

best wishes

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: susanalicebarry

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