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TOPIC: ESA

ESA 3 months 4 weeks ago #235534

I have just scored 0 points on my WCA and therefore my ESA and housing benefit has stopped.
This was my 3rd assessment and had no problems in the past. Unfortunately I live on my own and have no other financial help. The only option I have is to apply for my pension early at a loss of 15% of the lump sum and my monthly pension. I am still going to appeal even though if successful i will not warrant any payment because of the lump sum. However does anybody know if I could sue the DWP for loss of pension if I win the appeal

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ESA 3 months 4 weeks ago #235548

Gary

You should be able to get your HB reinstated due to Nil Income, contact your Local Authority.

Whilst no ESA is payable during the Mandatory Reconsideration, usually 5-8 weeks, if you have to go on to appeal then you can receive the ESA Assessment rate while you wait for a hearing.

You can apply for Universal Credit, it usually takes 5 weeks for payments to be made but you can apply for a hardship loan during this period. If you do apply for UC then you cannot return to ESA even if you get the Decision revised.

Think carefully about using your pension, both a lump sum and a regular payment could prevent payment of any ESA.

I'm afraid you will struggle to hold the DWP accountable for your having to take your pension early, you would need to show that the Decision was made in Error and not just the result of a different opinion, which may be very difficult.

Gordon

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

ESA 3 months 4 weeks ago #235557

Thank you Gordon I have been told by the dwp that as I was in receipt of the severe disability allowance I cannot go on universal credit. Therefore that are transferring me o to jsa and I have to sign on on Monday. The council have said they will reinstate my hb when I get accepted for jsa. I will however pursue this to the end and I will seek legal advice on my loss of pension they cannot keep getting away with this.
Kind regards Gary

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ESA 3 months 3 weeks ago #235627

Hi Gary

You may want to seek legal advice from Leigh Day solicitors www.leighday.co.uk , but remember it could be quite costly unless they do pro bono work.

Gary

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