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Can anyone help? Is this the right place?
- Nelly
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2 days 15 hours ago #310222 by Nelly
Can anyone help? Is this the right place? was created by Nelly
I have been receiving ESA for 12 months (not in the support group) in August I was advised by letter I was moved to the ‘new style esa’
At that time I informed DWP that I had a significant change in my health. I subsequently received a letter stating I would need to go through assessment.
Now in October, I have heard no more however my ESA has been stopped due to the 52 week rule.
I had been phoning DWP ESA helpline repeatedly through September to find out what was happening and was repeatedly assured my Payments would continue and not to worry.
Now they have stopped and the ESA support team advised they will pay my NI but I’m not entitled to payments.
I have asked for escalation, however I have been passed back and forth with conflicting information and false hope.
The latest is that my case will now go to be reviewed for the limited capability assessment. If I had been in the support group then the payments would have continued.
I have no issue with being assessed yet again (also assessed for pip and UC) but in the meantime they refuse to pay anything quoting again my 52 weeks are up.
This is through no fault of my own since I started enquiring at the beginning of September and they have done nothing to follow up on my assessment or reclassification…
I am severely impacted with my mental health as a result…. Any guidance or direction on how to tackle this would be appreciated immensely.
Thanks
Nelly
At that time I informed DWP that I had a significant change in my health. I subsequently received a letter stating I would need to go through assessment.
Now in October, I have heard no more however my ESA has been stopped due to the 52 week rule.
I had been phoning DWP ESA helpline repeatedly through September to find out what was happening and was repeatedly assured my Payments would continue and not to worry.
Now they have stopped and the ESA support team advised they will pay my NI but I’m not entitled to payments.
I have asked for escalation, however I have been passed back and forth with conflicting information and false hope.
The latest is that my case will now go to be reviewed for the limited capability assessment. If I had been in the support group then the payments would have continued.
I have no issue with being assessed yet again (also assessed for pip and UC) but in the meantime they refuse to pay anything quoting again my 52 weeks are up.
This is through no fault of my own since I started enquiring at the beginning of September and they have done nothing to follow up on my assessment or reclassification…
I am severely impacted with my mental health as a result…. Any guidance or direction on how to tackle this would be appreciated immensely.
Thanks
Nelly
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- David
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17 hours 35 minutes ago #310274 by David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by David on topic Can anyone help? Is this the right place?
Hi Nelly
Unfortunately the story of waiting for an assessment is a familiar one. Though when you do have your WCA medical and you are assessed as having LCWRA your ESA payments will be backdated.
You will find the relevant guidance and other scenarios here :-
41861 The award of ESA(Cont) may have terminated as in DMG 41810 or 41815 before the
determination of LCWRA has been made. In this case the DM should revise
the decision ending entitlement to ESA(Cont), and supersede the previous decision awarding ESA(Cont) as in DMG 41860.
1 SS CS (D&A) Regs, reg 3(5I)
assets.publishing.service.gov.uk/media/6...13399c/dmg-ch-41.pdf
David
Unfortunately the story of waiting for an assessment is a familiar one. Though when you do have your WCA medical and you are assessed as having LCWRA your ESA payments will be backdated.
You will find the relevant guidance and other scenarios here :-
41861 The award of ESA(Cont) may have terminated as in DMG 41810 or 41815 before the
determination of LCWRA has been made. In this case the DM should revise
the decision ending entitlement to ESA(Cont), and supersede the previous decision awarding ESA(Cont) as in DMG 41860.
1 SS CS (D&A) Regs, reg 3(5I)
assets.publishing.service.gov.uk/media/6...13399c/dmg-ch-41.pdf
David
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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