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ESA SUPPORT GROUP NEVER AWARDED SEVERE DISSABILTY
- alex
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5 years 10 months ago #233053 by alex
im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..
ESA SUPPORT GROUP NEVER AWARDED SEVERE DISSABILTY was created by alex
hi.. just checking this for a friend... she has been on esa and in support groupalso on high rate of both daily living and mobility of PIP. now for approx 4 years.
she has never been told anything about the severe dissability enhancement payments at all. and has been in the support group all this time. i have read online that the dwp dont always tell a claimant about the severe dissability premium.... and that is is fully backdateable to the date she was put into the support group. she was forves onto UNIVERSAL CREDIT as she wasnt gettign severe dissability payments and ive read that if she was on ESA and should have been awarded severe dissability payment she soulnd have never been forced onto universal credit. and that she should go back onto her previous legend benefits.. Ie ESA.... and that all her previous severe dissability entittlement should be backdated.....
so... question.... what form does she need to apply for this to be backdated and looked into... as my own client is in receipt of ESA. in support group and has had the severe dissability premium since day one .... and she has not.... WHAT FORMS DOES SHE NEED... OR CAN THIS BE DONE BY CALLING THE DWP OFFICE??
she has never been told anything about the severe dissability enhancement payments at all. and has been in the support group all this time. i have read online that the dwp dont always tell a claimant about the severe dissability premium.... and that is is fully backdateable to the date she was put into the support group. she was forves onto UNIVERSAL CREDIT as she wasnt gettign severe dissability payments and ive read that if she was on ESA and should have been awarded severe dissability payment she soulnd have never been forced onto universal credit. and that she should go back onto her previous legend benefits.. Ie ESA.... and that all her previous severe dissability entittlement should be backdated.....
so... question.... what form does she need to apply for this to be backdated and looked into... as my own client is in receipt of ESA. in support group and has had the severe dissability premium since day one .... and she has not.... WHAT FORMS DOES SHE NEED... OR CAN THIS BE DONE BY CALLING THE DWP OFFICE??
im a disabled male, 46 yrs old i have been diagnosed with
PTSD.severe anxiety and depressive dissorder with panic attacks
sciatic pain both legs,,carpal tunnel both hands. haemophelia, ETD.HPB.IBS and im here for help with benefits decisions/medicals etc..
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- Gordon
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5 years 10 months ago #233070 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA SUPPORT GROUP NEVER AWARDED SEVERE DISSABILTY
Alex
It is unlikely to be that easy.
First, does your friend actually qualify for the Severe Disability Premium?
- They would need to be receiving Income Related ESA or to be entitled to it if the SDP was paid.
- They need to be receiving a qualifying benefit such as DLA MRC or HRC or PIP Daily Living (there are others).
- They must be living alone or considered to be living alone.
- No one must be receiving Carers Allowance against the qualifying claim.
The next issue is when they made the claim for Universal Credit?
- If it was before 16 July 2019 then the restriction on claiming UC where the claimant is entitled to the SD Premium does not apply and they have no option to return to ESA.
- If it was on or after the 16th then the issue will be that the DWP are not interpreting the law in a way that will allow a return to ESA, it may be that Case Law will change this but it could be a year before this might happen and in the interim all I can suggest would be for them to appeal any Decision not to allow a return to ESA.
Gordon
It is unlikely to be that easy.
First, does your friend actually qualify for the Severe Disability Premium?
- They would need to be receiving Income Related ESA or to be entitled to it if the SDP was paid.
- They need to be receiving a qualifying benefit such as DLA MRC or HRC or PIP Daily Living (there are others).
- They must be living alone or considered to be living alone.
- No one must be receiving Carers Allowance against the qualifying claim.
The next issue is when they made the claim for Universal Credit?
- If it was before 16 July 2019 then the restriction on claiming UC where the claimant is entitled to the SD Premium does not apply and they have no option to return to ESA.
- If it was on or after the 16th then the issue will be that the DWP are not interpreting the law in a way that will allow a return to ESA, it may be that Case Law will change this but it could be a year before this might happen and in the interim all I can suggest would be for them to appeal any Decision not to allow a return to ESA.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- southy1
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5 years 10 months ago #233292 by southy1
Replied by southy1 on topic ESA SUPPORT GROUP NEVER AWARDED SEVERE DISSABILTY
My ESA payment was stopped today because the computer flagged up that I could be entitled to sdp I'm in support group and have been awarded PIP enhanced for both filled form with advisor on phone my husband also has standard care waiting for phone call said it might take up to 3 day's
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