ESA was stopped

Hi Matey
I hope you are looking at the appeal guide for help on lodging an appeal which needs to be done within 28 days. You can ring and request it but you should put it in writing as well.
You should work through your paperwork, noting all items where you did not get the points you think you should, note any inconsistencies in the decision or face to face, have they left out things you said, put in things you did not say etc. Your toileting post is a clear case in point.
You should use your evidence to back up your submissions. Get more evidence from all the health professionals involved in your care/treatment and friends/relatives if they hel with your care.
Did you make a formal complaint about your ESA? I know it may not appear so important with your PIP to worry about but try and do it if you can and copy your MP into the complaint.

Hello Foss27

I am beginning the task of combing through the HP report and the decision maker's report.

There are several other areas where my evidence has been ignored such as the reasons why I need help with my medication, and the need to use a dosette box and even a photocopy of the receipt.

My tiredness and side effects from medication and how it effects me, the HP even observed that I looked tired, yet failed to acknowledge it any descriptor.

I had letters of support from both my GP and Consultant Psychiatrist. Unfortunately they have both left there posts within the last month (bad timing or what).

I intend to request my M.R. after Christmas but within the month allowed. I fully intend to see this injustice through to appeal.

As regards to my ESA I have written twice now, asking for an explanation as to why my Esa was temporarily stopped. Both letters have been sent by signed for postage, so I know they were both received.

I intend to involve my MP in the new year.

I hope 2016 is better for all of us.

Many thanks.

I have today sent off my Mandatory Reconsideration request by signed for delivery, it is within the one month allowed.

i have gone through the assessment report and pointed out what the HP has said which is contrary to what is stated by my doctors in their letter's of support.

I have done all I can and hope this is enough to now be awarded PIP.

This site has given me the confidence to go on to an appeal should my mandatory reconsideration be unsuccessful.

Happy new year to you all.

May not be relevant but after having been on Contribution based ESA for 52 wks I was told I was no longer elligible for it.
I contacted DWP & they then sent me a form (sorry can't remember no) to apply for Income based ESA which I am receiving now.

Hello

After writing two letters sent by signed for delivery and receiving no replies, I have written a third letter but this time asked my MP to help me receive a reply from the DWP.

Within a week I have now received a reply. However I'm confused by their reply.

It says: We have received a letter regarding periods away from home. If you are leaving the country we need in writing the date you are leaving and the date of your expected return. We will then suspend payments after four weeks unless you have notified us of your return. If you are staying in the country we will need a correspondence address for the time you are away.

I understand notifying them about the dates of a holiday abroad but not about them (automatically?) suspending ESA payments unless they are specifically informed that I have returned.

Are the mods aware of this rule?

Many thanks

Matey wrote: Hello

After writing two letters sent by signed for delivery and receiving no replies, I have written a third letter but this time asked my MP to help me receive a reply from the DWP.

Within a week I have now received a reply. However I'm confused by their reply.

It says: We have received a letter regarding periods away from home. If you are leaving the country we need in writing the date you are leaving and the date of your expected return. We will then suspend payments after four weeks unless you have notified us of your return. If you are staying in the country we will need a correspondence address for the time you are away.

I understand notifying them about the dates of a holiday abroad but not about them (automatically?) suspending ESA payments unless they are specifically informed that I have returned.

Are the mods aware of this rule?

Many thanks

Hi M,

Yes, there is Legislation which states that you must inform DWP ESA if you are to be away from home (ESA Reg 157. (1) (d) :

157 (1)(d) “is, without good cause, absent from the claimant’s place of residence without leaving word with the Secretary of State where the claimant may be found.”

From :

www.legislation.gov.uk/uksi/2008/794/regulation/157/made

ESA Reg 152 also states that you can be paid ESA for 4 weeks if temporarily abroad :

www.legislation.gov.uk/uksi/2008/794/regulation/152/made

From :

CHAPTER 3 Temporary absence from Great Britain.

Seen also in : Claiming Benefits Abroad

As far as I am aware, they generally send a BF5 Form to fill in if going abroad.

It seems that they are stating, that even though you informed them of the dates of travel from, and return to your home, and even if that does not exceed the 4 weeks allowed, that you must also contact them when you arrive home to confirm that you have returned, or they will suspend your ESA payments.

We have heard from quite a few members who have travelled abroad and sent a letter to ESA, or filled in a BF5 Form.

We have also heard from some who have had their ESA payments stopped for being abroad for more than the 4 weeks.

But I have never heard from a member who has informed ESA that they were going away for 4 weeks or less but have then had their EA payments suspended because they did not re-contact ESA on their return home.

So I am afraid that I am stumped with regards to that !!

There is also a response to an FOI request regarding going abroad : Here.

There is not really much more that I can write on this issue, other than that provided above.

bro58