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ESA- still awaiting assessment- will my money stop

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3 years 7 months ago #251142 by Sarah
I am currently receiving the assessment rate for New Style- contributions based ESA. My claim was backdated to Nov 2019, so my letter states that my money will stop on 15th November 20.
I returned my questionnaire in April. I am still awaiting assessment. When we chased it up in July we were told by the assessment company they had my paperwork and I would be sent a telephone appointment. When asked about the timescale for my appointment we were told they had no idea when I would be assessed

My question is if I am not assessed/ the decision doesn’t come before 15th Nov as the delay comes from their end/covid will I still get paid the assessment rate until they make a decision or will it still just stop on 15th Nov regardless of the situation?

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3 years 7 months ago #251151 by Gordon
Sarah

I'm sorry but unless an award is made before 15 November then your ESA payments will stop.

If you are placed in the WRAG then they will continue at the current rate.

If you are put in the Support Group then there will be an increase of £39.20 which will be backdated to the beginning of week 14 of your claim.

Gordon

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

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3 years 7 months ago #251156 by Sarah
Thank you for your reply Gordon

Seems very unfair that my money will stop because they haven’t carried out the assessment in time (I suspect they won’t get it done and the results back before then) Is there anything I can try and do to speed the process up? Are there any time limits in which they must assess me in?

So if they stop on 15th November and then I’m assessed in say 2 months after that date and I was put in the WRAG group would I get backpack given to me for the time between 15th November and the date of the decision?

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3 years 7 months ago #251172 by Gordon
Sarah

I'm sorry I seem to have deleted the key paragraph from yesterday's reply when I revised my answer before submitting it.

I'm afraid you will only receive payment of your ESA past 15 November if you are placed in the Support Group.

If you are placed in the WRAG before the 15th then you will continue to receive the current rate until then. If after then there will be no reinstatement of your payments and no backdated money.

If you are put in the SG before the 15th then there will be an increase of £39.20 which will be backdated to the beginning of week 14 of your claim, if after then your ESA will be reinstated at the SG rate and you will receive backdating of the SG component from the beginning of week 14 to when your ESA stopped and the full SG rate from then until the Decision putting you in the SG, you will also reclaim the right to 365 days of ESA(CB) outside of the SG if you need it.

You should chase Maximus for an assessment, if necessary involve your MP.

If your ESA stops then you do have the option of claiming Universal Credit subject your circumstances.

Gordon

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

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3 years 7 months ago #251186 by Sarah
Hi Gordon,

Thank you for your reply

We have chased Maximus up multiple times and been told there is a huge backlog because of Covid 19 and they cannot supply us with any sort of timescale for when I might get assessed.

We will write to our MP

I’m outside the criteria for Universal credit

I have recently been awarded PIP standard mobility but am about to appeal it, so things are very tricky

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3 years 7 months ago #251187 by Sarah
Sorry Gordon

I don’t understand what you mean by this bit

‘you will also reclaim the right to 365 days of ESA(CB) outside of the SG if you need’

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