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TOPIC: no esa 2mths !! please help

Re:no esa 2mths !! please help 8 years 9 months ago #39572

Absolute rubbish from the DWP!

As you have appealed, I reiterate that you are entitled to be paid at the assessment rate pending the outcome of the appeal, provided you continue to send in sick notes.

In the circumstances, as your case is urgent, I would ring the JCP/BD office which handles your ESA claim and demand to speak to the Customer Services Manager. Inform him/her that if they continue to refuse your payment of ESA, you will contact your MP and seek financial redress for maladministration for as long as your payment is denied. The DWP are legally bound to pay your allowance, as long as you meet the conditions of entitlement.

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

Re:no esa 2mths !! please help 8 years 9 months ago #39594

  • kmr
HI, my daughter called ESA and asked to speak to the manager the lady she was speaking to said that she was the deputy manager (seems a bit of a coinsidence). My daughter said what you had put "that they have a legal right to give me some money" as i have sent in sicknotes and letters from doctors and MRI results, but the deputy manager said that they will still suspend my money until they have the WCA questionaire back.( which aparently they have put in the post today), which is different to what the Processor who call me today at the ESA said about sending a Doc letter and sicknote then they will give some money. My daughter said that she is disgusted with their service and will be complaining to our MP, and the Deputy Manager (if she was) said good because the MPs can speak to the government because its them that keep changing the rules!!

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Re:no esa 2mths !! please help 8 years 9 months ago #39618

  • kmr
hi, i have read up the new rules about ESA Appeals and new claims for ESA with the same condition within 6 mths of pending an appeal here is the website address
www.cpag.org.uk/cro/wrb/wrb216/ESA_appeals.htm

I found it mention about a new condition or significately worse condition as someone previously said they are playing fast and loose with law, its does mean for me that the Processor at the ESA was correct if going by this and that is why the ESA want a doctors letter and sicknote to state that my condition has got worse

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Re:no esa 2mths !! please help 8 years 9 months ago #39630

kmr

The JCP are still confusing the two claims.

You are entitled to ESA assessment rate on your first claim that is awaiting appeal.

As you have stated, unless you can show that our condition has worsened, or six months have elapsed since the decision that you are appealing, you are not entitled to make a further claim for ESA.

The fact that your ESA50 form is outstanding for the second claim, is of no relevance to the first claim.

Gordon

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

Re:no esa 2mths !! please help 8 years 9 months ago #39636

  • millymoo
Hi KMR

I am really sorry for the position you are in, the whole situation is a complete mess. I too had an accident and will have to pay back all my benefits if and when i win my case. But for them to with hold the assessment rate from you is so wrong!! What on earth do they expect you to live on? There must be something your mp can do to help here. You could be right going to the national papers with this but i am sure the papers will twist it after all we are all treated as "benefit scroungers"

Its so cold at the minute so you need to be warm and i can understand when you say you dread bills coming through the post. I have come to the conclusion that my heating stays on and i will worry about the bill later. I think that is called "burying your head in the sand" but i think there have been more than enough deaths due to the cold!!

Please get your mp involved. Please let us know how you get on, there has got to be something someone can do. Keep fighting iti only wish there was something i could do to help. I will be thinking about you.

God bless you
Mm :) xx

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Re:no esa 2mths !! please help 8 years 9 months ago #39866

  • kmr
Hi everyone,
thanks for the feedback. much apreciated. Spoke to ESA again today, asked for a letter to explain why they are not paying me any benefit, and why they did not previously inform in writing of THEIR decission to withhold payments causing me major distress and struggling to survive with no income,I asked to speak to the Customer servies manager apparently she will be contacting me shortly.
I did state to the ESA lady on the phone that whilst i have my first appeal pending i should in the meantime still be entitled to the assessment rate ESA. She said that they are suspending payment until a WCA,I told her what ATOS said that they are still at the Questionaire stage an appionment will be a longtime off yet!!and as of yet i still have not recieved the questionaire in question, I am now going to contact my local MP.

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