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ESA overpament

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3 years 6 months ago #265299 by Stephen
ESA overpament was created by Stephen
Hi everyone, i have been told to pay back £5876 for getting severe disability premium while my daughter claimed carers for me, i understand this but the circumstances were very unusal i have done a mandatory reconsideration, but all i got back was a letter saying i had to pay it back, the reason i am disputing this, is in feb 2019 my wife died in hospital, the next day i was in hospital with flu /pneumonia, i was put in intensive care because my blood presure dropped to 80 over 60, i was in for 3 weeks and 3 weeks later buried my wife and am still mourning her so much, i didn`t know they were giving me sdp ,the whole of that year i was on another planet, i have had severe mental health problems since 1990, i have since found out my daughter filled in a esa form while i was in hospital, i sent the dwp, letters fom my specialist from the qe hospital telling them my wife died and i was seriously ill at this time, doctors notes, proof i was in hospital when the form was filled in, i am really asking do you think it is worth me appealing this, any feedback would be greatly appreciated.

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3 years 6 months ago #265304 by BIS
Replied by BIS on topic ESA overpament
Hi Stephen

It's always worth trying to dispute it. I would however get in touch with your local MP and see if they can help. There is a mechanism for setting aside judgements about overpayments - and I know several people who have had success in this area by their local MP appealing on their behalf.

BIS

Nothing on this board constitutes legal advice - always consult a professional about specific problems
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3 years 4 months ago #266307 by Stephen
Replied by Stephen on topic ESA overpament
I would just like to thank BIS about your advice to contact my mp, he contacted the dwp and they agreed to another mandatory reconsideration, i got the news this week and they have overturned the original decision and put the decision in my favour,thank you BIS.
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3 years 4 months ago #266308 by BIS
Replied by BIS on topic ESA overpament
Hi Stephen,

Many, many congratulations on your success. I'm so glad that your MP came through for you and the decision was overturned. Well done.

BIS

Tags: @RESULT

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: Stephen

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3 years 4 months ago #266327 by an ex nurse
Replied by an ex nurse on topic ESA overpament
Hi Stephen, so pleased to hear that this matter has been resolved for you. I was so sad to hear in your original post of all you had been through with losing your wife and serious illness yourself. Take good care of yourself and hope you can find some peace over Christmas and the coming year.
All good wishes to you
The following user(s) said Thank You: denby, Gary, Stephen

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