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ESA50 FRUSTRATION

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8 years 2 months ago #152727 by Steve Blue
Replied by Steve Blue on topic ESA50 FRUSTRATION
Out of curiosity, what generally happens to someone's ESA if they reach retirement? Does it simply stop automatically? Are you contacted to let you know when it will stop? Or do you need to contact the DWP to ask them to stop it? Just a thought... :unsure:

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  • bro58
8 years 2 months ago #152729 by bro58
Replied by bro58 on topic ESA50 FRUSTRATION

Bluebear wrote: My dad was born in July '51, so 65 appears correct.


Hi Bb,

Yes, and he should receive his State Pension claim pack some weeks before reaching his SPA !

bro58

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8 years 2 months ago #152732 by Gordon
Replied by Gordon on topic ESA50 FRUSTRATION

Bluebear wrote: Out of curiosity, what generally happens to someone's ESA if they reach retirement? Does it simply stop automatically? Are you contacted to let you know when it will stop? Or do you need to contact the DWP to ask them to stop it? Just a thought... :unsure:


The DWP should contact your father about six weeks in advance of reaching retirement age with all of the details of his pension, I believe he needs to claim the pension as it can be deferred, the ESA will stop on when he reaches 65 automatically, irrelevant of what he does with the pension.

www.gov.uk/claim-state-pension-online

Gordon

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

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8 years 1 month ago #153609 by Steve Blue
Replied by Steve Blue on topic ESA50 FRUSTRATION
Dear Benefits and Work Forum,

Just to continue on this query. We did contact our MP who is currently waiting on a reply from the DWP (still), but because time may run short before my dad's ESA50 form needs to be submitted we thought it wise to start filling out the form and putting together any evidence past or present just in case we have to submit the form at the last minute.

We of course have previous doctors letters, consultants letters etc which whilst dated 2-3 years ago do state my dad's condition, and also state that my dad's condition is degenerative. So, of course common sense should suggest that there will be no improvement.

I'm curious though, we have a letter from the HM Courts (from his previous won case) that states that their Tribunal team were satisfied that from the evidence supplied by us that my dad had significant limitations with his mobility and would not be able to reliably and repeatedly mobilize 50 metres. Would it be okay to include this? Or at least make reference to it in a personal letter from myself to include with the evidence?

Kind regards,
BlueBear.

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  • bro58
8 years 1 month ago #153626 by bro58
Replied by bro58 on topic ESA50 FRUSTRATION

Bluebear wrote: Dear Benefits and Work Forum,

Just to continue on this query. We did contact our MP who is currently waiting on a reply from the DWP (still), but because time may run short before my dad's ESA50 form needs to be submitted we thought it wise to start filling out the form and putting together any evidence past or present just in case we have to submit the form at the last minute.

We of course have previous doctors letters, consultants letters etc which whilst dated 2-3 years ago do state my dad's condition, and also state that my dad's condition is degenerative. So, of course common sense should suggest that there will be no improvement.

I'm curious though, we have a letter from the HM Courts (from his previous won case) that states that their Tribunal team were satisfied that from the evidence supplied by us that my dad had significant limitations with his mobility and would not be able to reliably and repeatedly mobilize 50 metres. Would it be okay to include this? Or at least make reference to it in a personal letter from myself to include with the evidence?

Kind regards,
BlueBear.


Hi Bb

There should be no problem with using copy of The Tribunal's Decision Notice and referencing it as evidence.

bro58

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8 years 1 month ago #153830 by Steve Blue
Replied by Steve Blue on topic ESA50 FRUSTRATION
So far we've still no reply from our MP who is waiting on a reply from the DWP, but we'll wait a little longer. On the off-chance (likelihood) that we receive no reply we've begun to complete the ESA50 form.

What are you opinions on the tickable it varies options? I'm just curious. For example, without going into detail with a certain condition, when illness is at its worse you might tick no, because at its worst its a definite no. But if you have the occasional better day, will ticking it varies lesson the DWP's attention and appear less serious, when in reality the condition is very serious.

Regards -
BlueBear

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