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EESA TO UNIVERSAL CREDIT 3 months 3 weeks ago #235673


I had a f2f and have been on eesa for quite a number of years, but this time result was zero points for everything as person misunderstood parts of what I said. I am in process of a mandatory reconsideration. I had to go to jobcentre who gave me a form to fill in plus put my evidence etc ( I have got my daughter to help with all the forms etc). What I would like to know however : is it wise for me to try to last out and not claim straight away for universal credit or should I claim now as I am worried I would not be allowed to return to eesa if I got it back again. I am also worried because as my eesa has stopped I understand my housing and council tax also stops and do not want to get big arrears.Can aanyone advise please?

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EESA TO UNIVERSAL CREDIT 3 months 3 weeks ago #235675

Hi Ravenmoonstone

The first stage to challenging a Decision is for you to request a Mandatory Reconsideration, this should be done in writing to the DWP, within one month of the Decision, to the office that deals with your claim, have a look at our ESA MR & Appeal guide for details of the process, the ESA area also has template letters that you can use to make the request with.


You should contact the DWP for a copy of the assessment report (ESA85) if you have not already done so, I would phone them but again follow up the request in writing. Once you have the assessment report you will have a better understanding of how the DWP Decision Maker has come to their conclusions and will then be able to argue against them.

Whilst you are in the MR phase you will not be able to claim ESA, you will need to notify your LA that your ESA has stopped and that you will be appealing the decision. It is taking 4 - 6 weeks to get a MR decision, if you are unsuccessful with the MR then the next phase will be to appeal the decision. Once your appeal has gone to HMCTS you would be eligible to claim ESA but only for the basic amount, unless you failed to turn up at an assessment in which case you would not be able to claim anything until the appeal is heard.

I heard today from HMCTS that Leicester tribunal cases are taking up to 51 weeks to be listed and Derby tribunal cases are taking 60 weeks to be listed.

As stated earlier, you can still claim HB and CT but you will need to contact your LA to let them know what has happened and that you have nil income.

The problem with UC is that once you are in receipt of UC even if you win your ESA appeal you are stuck with UC. One of the problems of UC is that there is no SDP so claimants who were in receipt of ESA and received a SDP will loose out if they go on to UC and subsequently win their appeal.
The following user(s) said Thank You: ravenmoonstone

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