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ESA Stopped

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11 years 1 week ago - 10 years 6 months ago #102999 by scratchgolfer
ESA Stopped was created by scratchgolfer
Can anyone offer advice, Atos medical November 2011, failed on zero points, appealed, went to tribunal July 2012, won appeal scored 15 points and the appeal panel recommended that i was not to be reassessed, finally had my ESA backdated to December 2011. DWP Phoned and told i would not be assessed again until 2015. letter from DWP in August 2012 stating i was placed in the contribution based ESA and placed in the WRAG, the letter stated i must take part in work focused interviews and will write to me to attend a interview, never had a letter though, next thing letter in December 2012 saying my money was to stop as had ESA for 365 days.
Went to local job center, met by a fat geezer bird, and asked what do you want. i said my ESA has been stopped, nothing to do with us, its the DWP you want, asked if husband worked, then was told, he will have to keep you. phoned DWP, they said its the job center i should contact.
Finally saw a manager at job centre, said i have never had a letter to come for a work focused interview, you dont have to wait for a letter, you can phone and make an appointment yourself.
It then came to light that i was still flagged on their system that i was still in the appeal process, which is why a letter was never generated.
Wrote to the DWP stating all this and that my condition had got worse, enclosed specilaist information confirming my condition of AS, and that i should have been placed in the support group,they cannot make a decision, they want yet another medical, sent me yet another (new type) ESA 50 to fill in. now sent it off 3 weeks ago, still heard nothing and not had a penny since December, they also said that i could get job seekers allowance, but then i said i am saying that i am fit for work, which i clearly am not, which would then be fraud. For the record i do not get any other benefits as my husband works, has anyone else been in this position that if your husband or wife works and your money is stopped, the DWP think this is a miracle cure and you get better, they also think that even though you have paid contributions for many years when your worked, because you have had benefits for 365 days, you have had what you have paid in (their words were "you have exhausted your contributions") what a complete farce, if a business was run like this, i wonder how long they would be trading for?????
Any advice please
Mrs Scratchgolfer
Last edit: 10 years 6 months ago by .

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11 years 1 week ago - 11 years 1 week ago #103000 by Gordon
Replied by Gordon on topic ESA Stopped
SG

As you appear to have been in receipt of ESA(CB) for 365 days and are not currently in the Support Group, then I am afraid that you are no longer entitled to payments, unless you qualify for Income Related ESA, this will dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset rule for ESA(IR)

24 hour work rule for ESA(IR)

If you are not eligible for ESA(IR), then your ESA(CB) can only be re-instated if you are placed into the Support Group or you are able to re-meet the Contribution conditions for ESA(CB).

You appear to have requested a Supersession when you contacted the DWP and told them that your condition had deteriorated, this usually results in a new ESA50 and a face to face assessment. When this process completes you will know whether you have been successfully placed in the SG. If you are then payments will be re-instated from the date of the Decision, I am afraid you will not receive back payments for missed money.

Good luck

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 week ago by Gordon.

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10 years 11 months ago - 10 years 11 months ago #104509 by scratchgolfer
Replied by scratchgolfer on topic ESA Stopped
hi Gordon. got in touch with the DWP, Atos letter now for an assessment, who is it who decides which group you are placed in?? Are we to late to lodge an appeal as i won my appeal last July on 15 points and placed in WRAG, DWP said not to be reassessed until 2015 and the tribunal said not be reassessed, can i request any further info from the DWP to confirm they have made a horlicks of my case
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #104513 by Gordon
Replied by Gordon on topic ESA Stopped

sratchgolfer wrote: hi Gordon. got in touch with the DWP, Atos letter now for an assessment, who is it who decides which group you are placed in?? Are we to late to lodge an appeal as i won my appeal last July on 15 points and placed in WRAG, DWP said not to be reassessed until 2015 and the tribunal said not be reassessed, can i request any further info from the DWP to confirm they have made a horlicks of my case


As you have not mentioned it, I assume that you are not eligible for ESA(IR)

If your WRAG placement was the result of an appeal then you are way outside the limits for an appeal.

The time to your next assessment has no bearing on your payments stopping due the time limit on ESA(CB), so you have lost nothing in regard to this.

ATOS will assess you and make a recommendation to the DWP, a DWP Decision Maker will then make a Decision in regard to your request for a Supersession.

If you are placed in the WRAG again, then your payments will not be restarted but you will remain entitled to NI Credits and you can again request a Supersession if you can show that there has been a further deterioration in your condition or you develop a new one. The new Decision is appealable.

If you are placed in the Support Group then your ESA(CB) payments will be re-instated from the date of the Decision and will remain in payment while you remain in the Support Group.

Gordon

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

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10 years 11 months ago - 10 years 11 months ago #105239 by scratchgolfer
Replied by scratchgolfer on topic ESA Stopped
Hi Gordon
Mrs Scratchgolfer now has atos medical this week, am i right in saying that i can take notes of the "medical" we have been before and are expecting yet again zero points, can we appeal this decision with requesting a supersession.
are there also any "good" questions that we can also ask the HCP on their qualifications etc.
Mr scratchgolfer
Last edit: 10 years 11 months ago by Gordon.

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10 years 11 months ago #105244 by Gordon
Replied by Gordon on topic ESA Stopped

sratchgolfer wrote: Hi Gordon
Mrs Scratchgolfer now has atos medical this week, am i right in saying that i can take notes of the "medical" we have been before and are expecting yet again zero points, can we appeal this decision with requesting a supersession.
are there also any "good" questions that we can also ask the HCP on their qualifications etc.
Mr scratchgolfer


Yes, you can take any evidence that has not already been submitted to the assessment and ask the assessor to read it before starting the interview, this is covered under the WCA Handbook 3.1.2.

As a Supersession results in a new Decision on the claim, you can appeal it as normal.

You can ask the assessor about their credentials but they are not required to answer. All assessors will have to have successfully completed the DWP defined Disability Analyst training. I did hear that the pass mark for this was 50.1% but I have never been able to confirm this :)

Gordon

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