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Confused about ESA ending
- Eloise
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2 years 11 months ago #258678 by Eloise
Confused about ESA ending was created by Eloise
Please could you help me with my ESA claim, as I’m thoroughly confused?
I was awarded contribution-based ESA in April 2020 and this has just expired. I suffer from lupus and fibromyalgia and have been in receipt of FIT notes from my GP throughout. The last one will continue until at least mid-June 2021.
When I was awarded ESA, no information was provided about whether or not I’d been placed in the support group or the WRAG and I was not notified that I had a right to apply for mandatory reconsideration.
As my ESA has expired, I now gather that I must have been placed in the WRAG.
Should this decision have been communicated to me, with reasons, and should I have been informed that I had a right of appeal? (I have yet to receive a medical assessment of any kind, but I did complete and submit an ESA50 questionnaire a few weeks ago).
I am thinking of putting in an appeal at this late stage, but this would only be worth it if savings are not taken into account. My understanding is that, had I been placed in the support group in April 2020, my contribution-based ESA would have continued indefinitely, irrespective of savings. However, if I’m placed in the support group as a result of a successful appeal, would my income and capital now fall to be taken into account?
I’d greatly appreciate some advice please on how best to proceed and word my appeal.
Thank you!
I was awarded contribution-based ESA in April 2020 and this has just expired. I suffer from lupus and fibromyalgia and have been in receipt of FIT notes from my GP throughout. The last one will continue until at least mid-June 2021.
When I was awarded ESA, no information was provided about whether or not I’d been placed in the support group or the WRAG and I was not notified that I had a right to apply for mandatory reconsideration.
As my ESA has expired, I now gather that I must have been placed in the WRAG.
Should this decision have been communicated to me, with reasons, and should I have been informed that I had a right of appeal? (I have yet to receive a medical assessment of any kind, but I did complete and submit an ESA50 questionnaire a few weeks ago).
I am thinking of putting in an appeal at this late stage, but this would only be worth it if savings are not taken into account. My understanding is that, had I been placed in the support group in April 2020, my contribution-based ESA would have continued indefinitely, irrespective of savings. However, if I’m placed in the support group as a result of a successful appeal, would my income and capital now fall to be taken into account?
I’d greatly appreciate some advice please on how best to proceed and word my appeal.
Thank you!
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- LL26
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2 years 11 months ago #258754 by LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by LL26 on topic Confused about ESA ending
Hi Eloise,
Yes DWP should have sent out a decision notice explaining that your ESA was ending. I assume this is new style ESA.
Has there been any worsening in your condition over the last year?
It is possible that DWP has made a decision placing you into the Limited Capability for Work group, meaning you are limited to 365 days of benefit. Alternatively maybe DWP hasn't made an assessment and your 365 days are up anyway.
Maybe you phone DWP and ask for your assessment to be done. OK, DWP will either answer it was done months ago, and you then say you've not had a copy of the decision notice can they send it. Or, they will say no assessment yet, then you say when is it then!
Keep a full note of time of conversation and who you speak to, and what's said.
If the assessment is done you can ask for a late MR on the basis that no decision was sent to you. If your original claim was April 2020, even if the decision was 12 nrhs ago it is possible it is still just inside the ultimate 13 mth limit to appeal.
You would argue a late MR should be accepted as it was caused by DWP delay. Say that if the MR isn't accepted then you have been prevented from having a fair trial which is a breach if Article 6 ECHR. There may also be a breach of your right to property, which includes a right to receive benefit. Article 1 ECHR.
I suspect that it may be an idea to try and seek help from a specialist advisor if you wish to cite law from the ECHR. (European Convention on Human Rights )
advicelocal.uk/ has details of local advice centres that might help.
If no decision yet made, hopefuĺly it gets made shortly and your time limit will run from the decision date.
Failing that you could perhaps make a complaint to DWP about their failure to send out a decision.
Your claim is contribution based so this can continue as long as you can't work
providing you can get into the support group. Savings are not taken into account. If you need to claim means tested benefit then savings will affect your benefit if over £6000. The maximum savings is £16000. You would need to claim UC as unfortunately you can no longer claim means tested ESA as a new claim.
If you can successfully appeal your existing claim to be put into the support group this would not affect your savings whatsoever.
Phone DWP ASAP and see what happens!
The notes if the conversation could be important in your appeal so please retain these.
I hope this helps.
LL26
Yes DWP should have sent out a decision notice explaining that your ESA was ending. I assume this is new style ESA.
Has there been any worsening in your condition over the last year?
It is possible that DWP has made a decision placing you into the Limited Capability for Work group, meaning you are limited to 365 days of benefit. Alternatively maybe DWP hasn't made an assessment and your 365 days are up anyway.
Maybe you phone DWP and ask for your assessment to be done. OK, DWP will either answer it was done months ago, and you then say you've not had a copy of the decision notice can they send it. Or, they will say no assessment yet, then you say when is it then!
Keep a full note of time of conversation and who you speak to, and what's said.
If the assessment is done you can ask for a late MR on the basis that no decision was sent to you. If your original claim was April 2020, even if the decision was 12 nrhs ago it is possible it is still just inside the ultimate 13 mth limit to appeal.
You would argue a late MR should be accepted as it was caused by DWP delay. Say that if the MR isn't accepted then you have been prevented from having a fair trial which is a breach if Article 6 ECHR. There may also be a breach of your right to property, which includes a right to receive benefit. Article 1 ECHR.
I suspect that it may be an idea to try and seek help from a specialist advisor if you wish to cite law from the ECHR. (European Convention on Human Rights )
advicelocal.uk/ has details of local advice centres that might help.
If no decision yet made, hopefuĺly it gets made shortly and your time limit will run from the decision date.
Failing that you could perhaps make a complaint to DWP about their failure to send out a decision.
Your claim is contribution based so this can continue as long as you can't work
providing you can get into the support group. Savings are not taken into account. If you need to claim means tested benefit then savings will affect your benefit if over £6000. The maximum savings is £16000. You would need to claim UC as unfortunately you can no longer claim means tested ESA as a new claim.
If you can successfully appeal your existing claim to be put into the support group this would not affect your savings whatsoever.
Phone DWP ASAP and see what happens!
The notes if the conversation could be important in your appeal so please retain these.
I hope this helps.
LL26
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Eloise
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2 years 11 months ago #259138 by Eloise
Replied by Eloise on topic Confused about ESA ending
Thank you for taking the time to reply. I believe that I was in receipt of contributory ESA, but, whether or not it’s new style, I’m afraid I couldn’t tell you.
My understanding from recent correspondence is that they’re planning to offer me an assessment, but, on present info, they do not consider me eligible for the support group.
Do you know if I’m entitled to go straight to appeal rather than request a mandatory reconsideration? (I think I read that there was a recent judgement about this).
As they haven’t carried out an assessment, it’s very difficult to understand the basis of their decision that I’m fit for work. (I’m assuming that, as my payments have stopped completely, there has been some sort of decision that I’m fit for work).
They did issue a letter stating that my ESA would be ending, but they also stated that, if I completed an ESA50, which I did, it would continue.
I wouldn’t say that my condition has worsened since March 2020, as my health has been poor for many years now.
Once again, thanks for your input.
My understanding from recent correspondence is that they’re planning to offer me an assessment, but, on present info, they do not consider me eligible for the support group.
Do you know if I’m entitled to go straight to appeal rather than request a mandatory reconsideration? (I think I read that there was a recent judgement about this).
As they haven’t carried out an assessment, it’s very difficult to understand the basis of their decision that I’m fit for work. (I’m assuming that, as my payments have stopped completely, there has been some sort of decision that I’m fit for work).
They did issue a letter stating that my ESA would be ending, but they also stated that, if I completed an ESA50, which I did, it would continue.
I wouldn’t say that my condition has worsened since March 2020, as my health has been poor for many years now.
Once again, thanks for your input.
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- Gary
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2 years 11 months ago #259191 by Gary
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Replied by Gary on topic Confused about ESA ending
Hi Eloise
I have answered some of your questions in your other post, you cannot go straight to appeal without first applying for a MR www.gov.uk/government/publications/compe...ayments-html-version.
When you say that you completed an ESA50, did you send it in by recorded delivery? If you did not then you will have a very difficult job trying to prove that you had sent it in, if you did send it in by recorded delivery then check with royal mail that the form was signed for, once you have this information then contact DWP.
You may want to get help from your local welfare rights organisation: You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
I have answered some of your questions in your other post, you cannot go straight to appeal without first applying for a MR www.gov.uk/government/publications/compe...ayments-html-version.
When you say that you completed an ESA50, did you send it in by recorded delivery? If you did not then you will have a very difficult job trying to prove that you had sent it in, if you did send it in by recorded delivery then check with royal mail that the form was signed for, once you have this information then contact DWP.
You may want to get help from your local welfare rights organisation: You can find your local Welfare Rights Organisation to help you with advice by clicking on the link below and putting in your post code, it will then come up with a MAP with a list of agencies. advicelocal.uk
Gary
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- Eloise
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2 years 11 months ago #259195 by Eloise
Replied by Eloise on topic Confused about ESA ending
Dear Gary,
Thank you for your reply. DWP has received my questionnaire, but discharged my claim without any explanation other than the bald statement, (in response to my query), that the decision maker dd not consider me eligible for ESA.
As this decision has impacted significantly on my council tax liability, and, as I continue to be in receipt of fit notes, I was considering making a fresh application for ESA in reliance on my contributions made in the 2019-2020 and 2020-2021 tax years. My original claim was made just over a year ago.
Thank you for your reply. DWP has received my questionnaire, but discharged my claim without any explanation other than the bald statement, (in response to my query), that the decision maker dd not consider me eligible for ESA.
As this decision has impacted significantly on my council tax liability, and, as I continue to be in receipt of fit notes, I was considering making a fresh application for ESA in reliance on my contributions made in the 2019-2020 and 2020-2021 tax years. My original claim was made just over a year ago.
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- Gary
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2 years 11 months ago #259219 by Gary
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Replied by Gary on topic Confused about ESA ending
Hi Eloise
If DWP have discharged your claim, then you can ask for a copy of the assessors report called a PA4, you can also request a MR.
If you receive CB ESA then it will only last one year unless you are placed in the support group, CB ESA is no longer available to new claimants, new claimants have to apply for NS ESA.
Gary
If DWP have discharged your claim, then you can ask for a copy of the assessors report called a PA4, you can also request a MR.
If you receive CB ESA then it will only last one year unless you are placed in the support group, CB ESA is no longer available to new claimants, new claimants have to apply for NS ESA.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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