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ESA & DWP Mistake.
- Pandora
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12 years 7 months ago #91968 by Pandora
ESA & DWP Mistake. was created by Pandora
Hi,I don't know where to start at it might sound a bit confusing,so bear with me,.so here goes.....
I was on incapacity for nine years,and as far as I was aware nothing as changed.....so when I received a letter from the dreaded ESA to attend a medical I wasn't surprised. So I struggle with going to the medical,as you all know the medical is very impersonal and the nurse is more interested in looking at the computer screen than looking at you and listening to what you have to say. There was no big surprise when I received the results from my ESA medical and was awarded 0 points. So,once again I struggled to the C.A.B to ask for an appeal form and ask for some advice.this is where it becomes complicated.....i am awarded DLA and mobility ,so is my son. I was told to apply for carers allowance when my son was awarded his DLA. This was six years ago. I explained to the advisor what benefits I was on. The advisor explained you can not get incapacity and cares allowance together. I showed the advisor the letters I had with me,he said I wasn't getting incapacity,just carers allowance,he also asked me if I received a letter informing me about my incapacity being stopped,I said no. The advisor telephoned the DWP to find out what was going on. They explained that no one had closed my incapacity file,so I was sent a letter to have a ESA medical,even though I didn't have to go for one because I haven't received incapacity for years and that it was their mistake. The advisor told me not to appeal against the ESA because I'm still recieving carers allowance.
I have to reapply for my DLA and I'm worried that the ESA will go against me,even thought is was their mistake. Has anyone been in the situation? If so,could you please give me some tips.
Thanks
I was on incapacity for nine years,and as far as I was aware nothing as changed.....so when I received a letter from the dreaded ESA to attend a medical I wasn't surprised. So I struggle with going to the medical,as you all know the medical is very impersonal and the nurse is more interested in looking at the computer screen than looking at you and listening to what you have to say. There was no big surprise when I received the results from my ESA medical and was awarded 0 points. So,once again I struggled to the C.A.B to ask for an appeal form and ask for some advice.this is where it becomes complicated.....i am awarded DLA and mobility ,so is my son. I was told to apply for carers allowance when my son was awarded his DLA. This was six years ago. I explained to the advisor what benefits I was on. The advisor explained you can not get incapacity and cares allowance together. I showed the advisor the letters I had with me,he said I wasn't getting incapacity,just carers allowance,he also asked me if I received a letter informing me about my incapacity being stopped,I said no. The advisor telephoned the DWP to find out what was going on. They explained that no one had closed my incapacity file,so I was sent a letter to have a ESA medical,even though I didn't have to go for one because I haven't received incapacity for years and that it was their mistake. The advisor told me not to appeal against the ESA because I'm still recieving carers allowance.
I have to reapply for my DLA and I'm worried that the ESA will go against me,even thought is was their mistake. Has anyone been in the situation? If so,could you please give me some tips.
Thanks
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- Gordon
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12 years 7 months ago #91974 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA & DWP Mistake.
Pandora
As I understand it from your post, you were on IB but have been transferred to ESA, but following a Work Capability Assessment you were given 0 points.
It's not clear from your post whether you are actually receiving Carers Allowance or not?
From what you have said I think you have two options, you can appeal the ESA Decision if you believe you meet the criteria for either the WRAG or the Support Group, or, you can claim Carers Allowance and the Income Support as a Carer.
I can't advise which of these options would be best for you as there are financial implications to both and a lot will depend on whether you have a good case for ESA or not, so I am going to suggest that you go back to the CAB and ask them to do a projection of your earnings under both of the above options and to have a better look at your ESA claim and whether it is worth your appealing.
I hope this explains it better.
Gordon
As I understand it from your post, you were on IB but have been transferred to ESA, but following a Work Capability Assessment you were given 0 points.
It's not clear from your post whether you are actually receiving Carers Allowance or not?
From what you have said I think you have two options, you can appeal the ESA Decision if you believe you meet the criteria for either the WRAG or the Support Group, or, you can claim Carers Allowance and the Income Support as a Carer.
I can't advise which of these options would be best for you as there are financial implications to both and a lot will depend on whether you have a good case for ESA or not, so I am going to suggest that you go back to the CAB and ask them to do a projection of your earnings under both of the above options and to have a better look at your ESA claim and whether it is worth your appealing.
I hope this explains it better.
Gordon
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- Pandora
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12 years 7 months ago - 12 years 7 months ago #91977 by Pandora
Replied by Pandora on topic Re:ESA & DWP Mistake.
Hi gordon,
Thanks for your post.
I have been recieving carers allowance for my son for six years,but I Also thought that I was recieving incapacity as well,but it wasn't until I visited the CAB that he told me I wasn't getting incapacity once I claimed carers allowance.
So,because I haven't received incapacity for six years,I didn't have to go to a ESA medical,it was the DWP fault for not closing my incapacity file.
I am still getting carers allowance for my son and the CAB told me not to appeal and stay on carers allowance.
What I'm worried about is whether ESA medical that I shouldn't have had in the first place,is going to effect to effect my
DLA decision.
Thanks for your post.
I have been recieving carers allowance for my son for six years,but I Also thought that I was recieving incapacity as well,but it wasn't until I visited the CAB that he told me I wasn't getting incapacity once I claimed carers allowance.
So,because I haven't received incapacity for six years,I didn't have to go to a ESA medical,it was the DWP fault for not closing my incapacity file.
I am still getting carers allowance for my son and the CAB told me not to appeal and stay on carers allowance.
What I'm worried about is whether ESA medical that I shouldn't have had in the first place,is going to effect to effect my
DLA decision.
Last edit: 12 years 7 months ago by slugsta.
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- Gordon
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12 years 7 months ago #91983 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Re:ESA & DWP Mistake.
Pandora
I am a little worried by what the CAB have told you.
In principle it is possible to be receiving CA and IB at the same time, however, because your IB would have been a higher payment, the CA would not have been paid in addition, it maybe that now that the IB has stopped your actually being paid the CA.
If this was the case, then the transfer to ESA would have been correct, and you are still entitled to consider an appeal.
That said, this may not be the best thing for you, and claiming IS on top of your CA may be more sensible, but you need to get "good" advice on this. You might want to see if there is a Welfare Rights organisation near you, try Googling "welfare rights" and your town or county.
It is possible that a failed ESA can impact on your DLA claim, it is rare but it does happen. This may be another reason for considering an ESA appeal.
Gordon
I am a little worried by what the CAB have told you.
In principle it is possible to be receiving CA and IB at the same time, however, because your IB would have been a higher payment, the CA would not have been paid in addition, it maybe that now that the IB has stopped your actually being paid the CA.
If this was the case, then the transfer to ESA would have been correct, and you are still entitled to consider an appeal.
That said, this may not be the best thing for you, and claiming IS on top of your CA may be more sensible, but you need to get "good" advice on this. You might want to see if there is a Welfare Rights organisation near you, try Googling "welfare rights" and your town or county.
It is possible that a failed ESA can impact on your DLA claim, it is rare but it does happen. This may be another reason for considering an ESA appeal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
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12 years 7 months ago #91988 by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law)
PLEASE READ THE SPOTLIGHTS AREA OF THE FORUM REGULARLY, OTHERWISE YOU MAY MISS OUT ON IMPORTANT INFORMATION. Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Jim Allison BSc, Inst LE, MBIM; MA (Consumer Protection & Social Welfare Law) on topic Re:ESA & DWP Mistake.
Pandora wrote:
See Benefits for Carers
Hi,I don't know where to start at it might sound a bit confusing,so bear with me,.so here goes.....
I was on incapacity for nine years,and as far as I was aware nothing as changed.....so when I received a letter from the dreaded ESA to attend a medical I wasn't surprised. So I struggle with going to the medical,as you all know the medical is very impersonal and the nurse is more interested in looking at the computer screen than looking at you and listening to what you have to say. There was no big surprise when I received the results from my ESA medical and was awarded 0 points. So,once again I struggled to the C.A.B to ask for an appeal form and ask for some advice.this is where it becomes complicated.....i am awarded DLA and mobility ,so is my son. I was told to apply for carers allowance when my son was awarded his DLA. This was six years ago. I explained to the advisor what benefits I was on. The advisor explained you can not get incapacity and cares allowance together. I showed the advisor the letters I had with me,he said I wasn't getting incapacity,just carers allowance,he also asked me if I received a letter informing me about my incapacity being stopped,I said no. The advisor telephoned the DWP to find out what was going on. They explained that no one had closed my incapacity file,so I was sent a letter to have a ESA medical,even though I didn't have to go for one because I haven't received incapacity for years and that it was their mistake. The advisor told me not to appeal against the ESA because I'm still recieving carers allowance.
I have to reapply for my DLA and I'm worried that the ESA will go against me,even thought is was their mistake. Has anyone been in the situation? If so,could you please give me some tips.
Thanks
See Benefits for Carers
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