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8 years 10 months ago #160802 by hoops78
Please Help Me was created by hoops78
Hello Everyone
I'm not sure if I am posting in the right place so I apologise if in the wrong place. I need some help and advice for my brother.
It's a bit long but will try and keep it short.
My brother was on JSA but was unable to sign on due to illness and he was sanctioned.
He applied for ESA last year and after waiting so long contacted his local office by email where he was told his claim couldn't be located. He sent the form again and eventually months later received a letter saying he had been awarded ESA but he received no payments. His rent arrears increased and me, my mum and friends helped him pay for his rent and everyday things that he needed. His condition worsened as time went on.
His housing benefit was stopped as he was only paid a few weeks direct to landlord.
He later received a letter stating that the law says we cannot pay you. And another letter about mandatory reconsideration. He wrote a letter and sent it recorded delivery providing medical certificates and complaint about his handling of his case which was in January this year.
His housing association called him in as rent arrears got higher although we tried helping paying off as much as we could . The housing were aware of my brothers conditions and problems with ESA.
He wrote another letter to the DWP a few months back after the landlord threatened with eviction. Despite showing the landlord the evidence of award letter and then notification of refusing ESA and the help my mum me and friends were providing, the landlord still went ahead and has now issued court proceedings.
He has court the following week. We contacted his MP who told us a month ago he had written to DWP, landlord and HB. I contacted his MP again asking for assistance and updating him that my brother had now been issued with court papers for eviction.
I'm so scared and worried for my brother as his mental state worsens and his illness and health deteriorates.
DWP still haven't got back to him even though he has provided medical certificates, a GP letter asking for ESA to be reinstated. But no communication is being given back, it's like they are just ignoring him even though all mail has been sent recorded delivery.
It's like my brother has now given up the will to live, literally. I love my brother dearly and I can't sleep from worrying.
Please I beg you help me so I can help him as I don't know what else to do.
Thank you for your time.

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8 years 10 months ago #160823 by Gordon
Replied by Gordon on topic Please Help Me
Hoopsh

I would strongly recommend that he gets face to face advice from a trained advisor, he should do an internet search for "welfare advice" with his postcode, town or county. In addition to the CAB most Local Authorities still have a welfare advice department.

You say that his initial claim for ESA was accepted but they then said that they could not make payment on his claim and then that they were closing his claim; do you know why this happened, I would have expected anyone who was able to claim JSA would also be able to claim ESA providing he met the other conditions for ESA.

I'm afraid we do not deal with Housing Benefit, but I am wondering if his HB was stopped because of the ESA, he should be able to make a zero income claim for HB.

You have already contacted his MP, you definitely need to chase him.

He should think about a formal complaint to the DWP

Contacting your MP

If you can supply more information then we may be able to help more.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 8 months ago #167520 by hoops78
Replied by hoops78 on topic Please Help Me
Dear Gordon
Thank you so much for replying. I am so sorry for taking so long to respond.

The housing association adjourned his eviction and court for October. Since I posted, my brother has become more unwell and withdrawn from the stress caused by DWP and HB.He contacted Shelter charity, who assigned him a legal advisor. But in order for him to get help and legal aid, he has to be receiving benefits. They have had some dealings with DWP including a conference call but what they said does not add up.

The letter from DWP stated that the law could not pay him, no reasons were specified. I think it could be due to them not receiving medical certificates. The GP at the time informed my brother that he could only be given a MC once the DWP contacted the GP. My brother informed DWP that they needed to contact his GP, who would then authorise the MC. Both GP and DWP ignored this. It took a while for him to see a regular GP who then backdated his MC's from May 2015. These were posted recorded delivery along with a complaint letter appealing the decision which they call a mandatory reconsideration. Every 3 months, my brother has obtained MC's to present. Again he chased this up, with a follow up complaint but he still received no response.
However, his MP received a response who explained his claim was closed but would be reconsidered if he provided a MC for Aug-Nov 2015. A copy was sent along with most recent MC.

In the mean time, he is having to pay full rent, which he is struggling with as he is borrowing money left, right and centre. He is in arrears with council tax who have now issued a court summons.

He recently requested an update from his MP who sent him a copy which he received this Friday.

The complaints resolution manager sent a copy of the origal email which had been sent on 17 June 2016. I don't know what happened from that date to 2 September 2016. The manager thanks the MP for his email to the Miisterial Correspondence team on 27 April 2016, apologising for the delay in response. But no apology or correspondence to my brother!

He continues saying he applied for income based ESA on 17 November requesting to be backdated to 13 August ( which is incorrect, he requested it from 18/02/2015) as his claim for JSA ended on that date. His claim sent in May 2015 was lost so he was made to reclaim) and was advised to send MC from Aug 2015 to present. No certificate was received and the claim was closed from 19 Aug 2015 and no payments were issued as waiting days were served at initial claim made. Decision was made on 22 Dec 2015.
DWP sent a letter dated 18/11/2015 saying the MC he sent them for the period 13 aug-19 aug 2015 was about to run out and another letter dated 19/11/2015 stating his MC ran out on 19 Aug 2015. But he had never sent a MC until January 2016, nor had he been given a MC for just 6 days!
He continues confirming they received MC's in Jan 2016 for Dec 2015-March 2016, a further MC received in March for March16-June2016, however there is a gap from 20 Aug2015-Nov2015. (this doesn't add up as he sent MC's from May 2015, so mysteriously this has vanished with aug2015 certificate.)
A specialist decision maker has agreed to reconsider the decision to close claim from 1 Dec 2015 to current date as medical evidence is held for this period. From 19 Aug 2015 to Nov 2015, he will need to provide medical evidence for this to be looked at.
He was receiving JSA and his claim ended Feb 2015 as he failed to attend and there was no contact up to 12 Aug 2015.If he would like his ESA to be backdated to this period, he will be required to provide medcial evidence and reasons why he requests claim to be backdated. (That's a lie as he wrote asking for help to be changed from JSA to ESA as he became very unwell and unable to function let alone sign on. He sent a claim May 2015. Chased it up, making a rapid reclaim for ESA to the JCP manager. He recievd a response Sep 2015, informing him his claim could not be located and he had to reapply.

I don't understand how they completely ignored him since Dec 2015, no reply, no correspondence until june 2016 to the MP. Till this date, the have failed to respond to his complaint. We are very worried and concerned for my brother as this is having a huge affect on his health and illness.

His kind of given up on life as it is, this isn't helping him. He was due to be evicted and will be eviceted if his claim continues to be delayed.

Please help, you are the only source of help and support I have. I love my brother dearly, it hurts so much seeing him suffer in silence like this, being treated like his worthless.

Thank you

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8 years 8 months ago - 8 years 8 months ago #167573 by Gordon
Replied by Gordon on topic Please Help Me
Hoopsh

There is little that can be done on the historical ESA claim until the DWP make a new Decision on it, have you provided them with details of all the issues and what was done?

I would suggest that he makes a new claim for ESA, this should not be a problem and can be included into the original claim if it is resolved in his favour. At least that way he will have some income, however, you will have to take some action to ensure that the problems that closed his previous claim do not happen on this one as well.

The claim can be backdated by up to three months providing it is supported by a Fit Note for the period.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 8 months ago by Gordon.
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8 years 8 months ago #167639 by hoops78
Replied by hoops78 on topic Please Help Me
Thank you Gordon. He did make a new claim in November 2015, which they recieved. :dry:

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8 years 8 months ago #167657 by Gordon
Replied by Gordon on topic Please Help Me

Hoopsh wrote: Thank you Gordon. He did make a new claim in November 2015, which they recieved. :dry:


Your post says that he is not receiving benefits?

Gordon

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

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