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Been on ESA assessment phase for almost a year, and cut-off date is soon

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1 month 3 weeks ago #288709 by May
Hello,

I am in the 'assessment phase' of the ESA application, but...I'm getting close to being a year in this phase. (Well, I made the claim almost 9 months ago, and it was backdated it by 3 months then, so in total I'm at almost a year.) Is this normal?

I received my ESA50 application in January just gone (2024), and returned it in February.

I've received automated letters telling me that my ESA will finish in March - because people can't receive ESA for over a year unless they're in the Support Group...and of course, the DWP haven't completed my Work Capability Assessment yet so they haven't assigned me a group, so I'm not in the Support Group.

I believe I very clearly and obviously qualify for the Support Group.

I will call them, and ask what the deal is - what happens at the cut-off date for someone whose Work Capability Assessment hasn't been completed yet by the DWP?

But I'm scared of getting cut off in March, and would value any advice if there is any.

I'm also angry that I probably qualified for a lot more support than I received! But that's the case for many of us.

Thank you.

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1 month 2 weeks ago #288732 by Gordon
M

It's unfortunate that you have not raised this before as any action that you can take will almost certainly not be complete before the year ends and whether you have had an assessment or not your ESA will end.

Have you checked whether you would be eligible for UC?

I would start by making a written complaint to the DWP on the basis they are placing you in unreasonable financial hardship due to their failure to arrange a WCA within a reasonable time.

Write to your MP along similar lines including a copy of your complaint to the DWP. It is surprising how often a simple email from an MP's office can overcome the barriers that the DWP places in front of claimants.

members.parliament.uk/FindYourMP

Gordon

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

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1 month 2 weeks ago #288767 by May
Hi there,
Does Benefits and Work have advice on how to make a written complaint to the DWP? Is there a standard, best way to do this? (Address to write to, etc).
Thank you.

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1 month 2 weeks ago #288769 by BIS
Hi May

Scroll down the page and you will find the information and links to put in a complaint to the DWP

benefitsandwork.co.uk/guides-for-claimants/faq/general

BIS

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

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1 month 2 weeks ago #288772 by May
Thank you, BIS.

- May

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1 month 2 weeks ago #288957 by May
Hi, I wanted to give an update on this situation:

I rang the DWP and they said:

- I will have an appointment soon (they gave me a date)

- My ESA payments will indeed stop at the year's cut-off date, but my claim will still be active. I will have my assessment and then the decision will be made. They couldn't say how long that would take. If I am not put in the Support Group, then my ESA will be closed completely. (And of course I would be entitled to follow that up if I disagreed with that decision.) If I AM put in the Support Group, then my payments will be reinstated and backdated to the day my payments had stopped. Also, if I am put in the Support Group, then the extra amount of money I 'should' have got will be calculated from the 92nd day of my claim (which is around 13 weeks) and will be paid to me.

May

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