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migrated from incapacity to esa contribution

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3 years 2 months ago #255316 by veronica
hello to everyone.
I need some help if anyone can please.
I am one of the original people who migrated from incap to ESA (CB)in april 2012.
I had an esa reassessment in 2016 where the assessor put me in support group the DM at dwp decided to supersede this and put me in wrag.
the work coach begged me to apply to be referred back to the support group as she said she was unaware of my medical issues, amongst trapped nerves cervical spine, sciatica, lumbago both sides, arthritis lower spine, attempted suicide twice,anxiety and depression, scoliosis, to name but a few.
The work coach can not be seen to help you so i had to get a friend to do it.
8 weeks after being put in wrag i applied to be referred back to the support group, the lady was unable to make a decision without a wca. i then had a wca and yes scored 0 points.
This went to tribunal but they could not make a decision so the case was adjourned, 6 months later went back and won no end date.
The DWP i believe where supposed to pay the people who migrated from incap to(CB)ESA top ups and premiums as they lost out back dated to when they migrated.
I received my award notice saying that they will back pay me £1,700 and something but they where not going to pay me it as i had an over payment.
I could not understand why other people where being paid more than me, a friend looked at my paperwork and said the arrears payment is incorrect they should have paid me £4,900 and something that dwp added it up incorrectly .
we have now contacted dwp with this and they refuse to reply, they are also paying me £40.00 a week less than anybody eals , i get £113.20 a week CB SG .
To date the dwp owe me IR component top up and enhanced disability premium back dated to 2012 but will not pay it. they have put my support component as IR.
can any body advise or has anybody eals been in this position.

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3 years 2 months ago #255331 by Gary
Hi veronica

There are a number of issues going on with your claim, you need to ask for an 'any time review' but also at the same time put in a formal complaint and request compensation for the stress and inconvenience.

I would contact a welfare rights worker and also contact you MP for help, some MP's are more pro-active than others, but there are some good ones out there. MP's don't usually do the work themselves, they have caseworkers who do it for them.

I cannot comment on the amount you receive as it would depend on your circumstances, but doing a quick cal if you are on CB ESA then you should be receiving £113.55pw, it sounds that you are not receiving IR ESA top up, but that would depend on your circumstances and if you made a claim.

Gary

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3 years 2 months ago #255334 by veronica
Replied by veronica on topic migrated from incapacity to esa contribution
Hi Gary

thank you for your reply.
I contacted turn to us to do a calculation , they asked about the transition date.
They said that people who transitioned from incap to CB ESA SG lost out he said that dwp should be paying me £113.55 per week plus IR on top £29.45 and £17.10 enhanced disability premium a week back dated to 2012. they said i should be getting £130.65 a week as i get industrial injuries for life of £54.60 I also get enhanced both components of pip i live with one of my sons who is a non dependent.

I did put 2 formal complaints in and nothing they say they will get a manager to ring.
They ring i pick up they put the phone down.

I also contacted citizens advice who from my experience are not as independent as they like to make out.
i have never herd of an anytime review.

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3 years 2 months ago #255383 by Gary
Hi veronica

No time limit

You can ask the benefit department to review a decision 'at any time' if there has been an official error. For example, the DWP got the law wrong.

A decision can only be reconsidered for specific reasons, or 'grounds'. If at lease one ground is met, a decision can be either revised or superseded. In your case it would be Ground 4: Official error.

Ground 4 is not used officially but is used in the disability rights handbook page 306.

A list of the appropriate regulations: D&A Regs, regs 1 & 3(5)(a); UCPIP(D&A) Regs, regs 2 & 9(a)

Gary

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3 years 2 months ago #255423 by veronica
Replied by veronica on topic migrated from incapacity to esa contribution
Hi Gary.

I have found really distressing things out.
I had a feeling something was not right so i requested a subject data request,
within the contents they have stated the following.
i migrated from incap on 3/7/2012, Esa migration linked claim, current Esa claim type Esa conts & income related 13/12/2016, Reason for exception condition (severe disability premium at lower rate)
Carers allowance being deducted ( i have never claimed carers allowance neither has any body else) 2/12/2020, Industrial injuries IR awarded 23/09.
Esa3 Actioned 23/0917 ( i have never filled an Esa3 ever).
Transitional addition applies(They have put YES )
Then it says transitional addition eroded but no reason why.
J/S Receiving SDP premium, JSA agreement signed they put (NO).
They have also put, date of award decision 17/12/2020 and a WCA in 2022
superseded decision awarding esa from and including 04/04/2012 .
no decision was ever superseded it ran full term
my new award at tribunal is indefinite no end date and the tribunal has confirmed this.
The majority of my dater file is full of me being on JSA, i have never been on JSA.
Lucky enough i down loaded all my bank statements from 2009 to the current date and all say EESA. I dont know if i am allowed to say it but i believe this is fraud.
So they are gonna pull me in for another assessment but mine is indefinite.
I am petrified now and am stressing really bad im so scared. i dont know what to do.
I do not get any of the money they rightfully owe me above just £113.and pence.
where do i start.

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3 years 2 months ago #255439 by Gary
Hi veronica

You need to get advice from an experienced welfare rights worker in your area who can take all your information into consideration and will help you in applying for an 'any time review', if there is an official error.

As for your ESA, ESA is an indefinite award with scheduled reassessment so there will be no end date or award length on the Decision Letter, if you have the assessment report then the "prognosis" is used to set the date.

Our ESA/UC Claim guide has a section on the questions you are likely to be asked during the call.
www.benefitsandwork.co.uk/help-for-claimants/esa1

If you have any further questions then please come back to the forum.

Gary

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