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claiming severe disability premium when on ESA (cb
- MinaK
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11 years 10 months ago - 11 years 10 months ago #108396 by MinaK
claiming severe disability premium when on ESA (cb was created by MinaK
My disability advisor, when I was unwell and not in touch, asked in early June for an ESA3? to be sent to me
I got the form and about a week later, the longer reassessment form from ATOS who told me only the DWP can recall the file
I couldn't handle it so I rang DWP and said that I didn't want to claim
I wont get the full SDP anyway/ My advisor is insisting the two events aren't linked
I think DWP wanted the ESA50 back initially around late July and I havenet been chased again so I think it has all been stopped
If I now send off the ESA3, what will happen do you think? Is my advisor right
and is it worth asking for any assessment to be postponed by a couple of months
Am not in touch much with medics drs etc so am worried espec as I see there are now new criteria...
Also, when I last posted, you said I can stay on CB ESA even if I apply for ESA 3. What are the advantages of doing that and how do I achieve that outcome..
I will be better off w lower cost bus fares etc if I go onto ESA income related
HOpe that all makes sense..
Thanks
I got the form and about a week later, the longer reassessment form from ATOS who told me only the DWP can recall the file
I couldn't handle it so I rang DWP and said that I didn't want to claim
I wont get the full SDP anyway/ My advisor is insisting the two events aren't linked
I think DWP wanted the ESA50 back initially around late July and I havenet been chased again so I think it has all been stopped
If I now send off the ESA3, what will happen do you think? Is my advisor right
and is it worth asking for any assessment to be postponed by a couple of months
Am not in touch much with medics drs etc so am worried espec as I see there are now new criteria...
Also, when I last posted, you said I can stay on CB ESA even if I apply for ESA 3. What are the advantages of doing that and how do I achieve that outcome..
I will be better off w lower cost bus fares etc if I go onto ESA income related
HOpe that all makes sense..
Thanks
Last edit: 11 years 10 months ago by Gordon.
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- Gordon
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11 years 10 months ago - 11 years 10 months ago #108398 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic claiming severe disability premium when on ESA (cb
MinaK
I think you are confused by the advice you are receiving.
The first question to ask you is whether your claim is still open and whether you are still receiving ESA payments?
If you are not then your claim has been closed, so there will be no point your returning the ESA3 and your question regarding ESA(CB) is moot. You can either leave the claim closed, but you may have problems making a new claim should you need to, or you can appeal the Decision to close it.
If your claim is still open then the most important thing is to return the outstanding ESA50, until you do so there is still the potential for your claim to be closed, whilst it is possible the DWP will delay the assessment process, I have to warn you that I think it very unlikely that they will.
As to your returning the ESA3, I would concentrate on the ESA50 and then deal with the ESA3 after.
There is no reason why you should not stay on ESA(CB) whether it is to your advantage to do so or not I cannot say, however, the Severe Disability Premium and a range of other benefits that would be available to you, will only be payable if you are also eligible for ESA(IR).
As you have access to an advisor, I really would suggest that your talk these matter over with them as they will have a far better understanding of your claim than we can have on the forum.
Gordon
I think you are confused by the advice you are receiving.
The first question to ask you is whether your claim is still open and whether you are still receiving ESA payments?
If you are not then your claim has been closed, so there will be no point your returning the ESA3 and your question regarding ESA(CB) is moot. You can either leave the claim closed, but you may have problems making a new claim should you need to, or you can appeal the Decision to close it.
If your claim is still open then the most important thing is to return the outstanding ESA50, until you do so there is still the potential for your claim to be closed, whilst it is possible the DWP will delay the assessment process, I have to warn you that I think it very unlikely that they will.
As to your returning the ESA3, I would concentrate on the ESA50 and then deal with the ESA3 after.
There is no reason why you should not stay on ESA(CB) whether it is to your advantage to do so or not I cannot say, however, the Severe Disability Premium and a range of other benefits that would be available to you, will only be payable if you are also eligible for ESA(IR).
As you have access to an advisor, I really would suggest that your talk these matter over with them as they will have a far better understanding of your claim than we can have on the forum.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 10 months ago by Gordon.
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- MinaK
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11 years 10 months ago - 11 years 10 months ago #108399 by MinaK
Replied by MinaK on topic claiming severe disability premium when on ESA (cb
Hi Gordon, I am still receiving ESA payments regularly....
I do not know if my claim is still open... you mean my claim for ESA (cb) or( ir)
I did say when I rang up to cancel the ESA3 claim, that i would need to claim SDP at some point..
I also said that I had not requested the ESA3 (my advisor was on leave) but would need to claim at some point but could nt cope with the forms at the time. I assumed the two forms were linked and the DWP woman seemed to think so too and said she would ask the file to be recalled..
I am confimed to home a lot and getting access to the advisor is difficult..
Thanks for your help
I do not know if my claim is still open... you mean my claim for ESA (cb) or( ir)
I did say when I rang up to cancel the ESA3 claim, that i would need to claim SDP at some point..
I also said that I had not requested the ESA3 (my advisor was on leave) but would need to claim at some point but could nt cope with the forms at the time. I assumed the two forms were linked and the DWP woman seemed to think so too and said she would ask the file to be recalled..
I am confimed to home a lot and getting access to the advisor is difficult..
Thanks for your help
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108401 by Gordon
If you have an ESA50 outstanding then you are risking your ESA claim, irrelevant of whether it is ESA(CB) or ESA(IR), being closed.
Unless you are told by the DWP that you do not need to complete the form, in writing, then it remains essential that you return it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic claiming severe disability premium when on ESA (cb
MinaK wrote: Hi Gordon, I am still receiving ESA payments regularly....
I do not know if my claim is still open... you mean my claim for ESA (cb) or( ir)
I did say when I rang up to cancel the ESA3 claim, that i would need to claim SDP at some point..
I also said that I had not requested the ESA3 (my advisor was on leave) but would need to claim at some point but could nt cope with the forms at the time. I assumed the two forms were linked and the DWP woman seemed to think so too and said she would ask the file to be recalled..
I am confimed to home a lot and getting access to the advisor is difficult..
Thanks for your help
If you have an ESA50 outstanding then you are risking your ESA claim, irrelevant of whether it is ESA(CB) or ESA(IR), being closed.
Unless you are told by the DWP that you do not need to complete the form, in writing, then it remains essential that you return it.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- MinaK
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11 years 10 months ago #108402 by MinaK
Replied by MinaK on topic claiming severe disability premium when on ESA (cb
OK I will ring them and check
Though i was told it was ok not to I am pretty sure by DWP though have nothing in writing...
thx
Though i was told it was ok not to I am pretty sure by DWP though have nothing in writing...
thx
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- bro58
11 years 10 months ago - 11 years 10 months ago #108404 by bro58
Replied by bro58 on topic claiming severe disability premium when on ESA (cb
The ESA 3 is to financial assess you, to see whether you are entitled to IR ESA.
The ESA50 Questionnaire is to assess whether you have Limited Capability for Work or Work Related Activity, which is then used as evidence by ATOS and The DWP DM, who makes the final decision on which group of ESA (if any) you are placed in, WRAG or SG.
bro58
The ESA50 Questionnaire is to assess whether you have Limited Capability for Work or Work Related Activity, which is then used as evidence by ATOS and The DWP DM, who makes the final decision on which group of ESA (if any) you are placed in, WRAG or SG.
bro58
Last edit: 11 years 10 months ago by bro58.
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