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CONTRIBUTION BASED ESA

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7 years 2 months ago #180518 by David
CONTRIBUTION BASED ESA was created by David
Hello all
i feel the need to explain my situation first so you get the picture i was involved in a work related accident 11/2014 resulting in a back injury & nerve damage in arm & hand my employers admitted liability & advised me to seek legal advice. On 05/2016 they terminated my employment after three occupational health sessions (via capita) who advised my employers i would never work in a manual role again.Two MRI Scans revealed degenerative disc disease, spinal doctor said the accident had bought the degenerative disc disease on five years early. I have recieved in the mean time, physiotherapy,acupuncture,radio frequency lesioning,pain management, all to no avail.
I applied for ESA 05/2016 i am still on assessment phase 03/02/2017 i completed the esa50 form on 11/2016 following the guide on from the site.
I also applied for PIP 05/2016 & got Daily living component (Standard) Mobility component (Standard) & Industrial Injuries 20%
I received a letter today from DWP stating that my ESA will stop on 05/2017 because i will have reached the maximum of 365 days that i get contribution - based employment & support allowance i questioned why i haven't been assessed yet? she gave me the phone number to phone the health assessment advisory Service, spoke to them & they said they received my completed esa50 on 14/12/2014 & a decision was made on 24/01/2017 & they are waiting for a date for the assessment he then went on to tell me how decision works, if i am put in the support i will continue to receive ESA, if I'm put in the work-related activity group i will (NOT) receive a payment what so ever & will have to attend a work shop once weekly or the alternative is to sign on for JSA & said all claimants on ESA should be back at work after 12months!!!!!!

PS A few things i forgot to mention:I have worked since the age of 16 (986) & in the 40%tax bracket up until my accident in 2014 when i need some help i just can't get any help: regarding my accident i was referred to a psychiatrist who come to the conclusion that i was suffering from serve anxiety & depression to which i did include in my esa50 form.
I live with my partner who works full time but on minimum wage i guess Dwp take all this into account when it comes to my contribution - based esa
I have nearly lost the house we are renting because of all this, i get up fighting through difficulties,getting up again & again but this time i just feel like giving up. I hope all of the above made some sense. :sick:

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7 years 2 months ago #180525 by Gordon
Replied by Gordon on topic CONTRIBUTION BASED ESA
David

What you have been told is in principle correct but for entirely the wrong reasons!

You need to contact the DWP and if necessary your MP, they (the DWP) can ask Maximus to prioritise your assessment so that a Decision can be made before your ESA(CB) stops.

Contacting your MP

As to the ESA(CB), it can only be paid for 365 days if you are not in the Support Group, this includes the Assessment phase.

If you are not assessed before the 365 days then your ESA(CB) will cease payment but your claim remains live until a Decision is made.

If you are placed in the SG then your ESA(CB) will continue in payment and the clock for the 365 days will be reset due to this award. You will receive back payment to the beginning of week 14 of your claim.

If you are placed in the WRAG them you will not receive payment from day 365 of your claim but you will receive back payment from the beginning of week 14 to day 365. Your claim will remain live and you will receive NI Credits towards a full State Pension. If a future assessment places you in the SG then your ESA(CB) will be re-instated. As you are not receiving payment for your award, you cannot be asked to attend WFIs or to participate in Work Related Activity.

If you close your ESA to claim JSA then you will lose these rights.

You can't claim an Income Related benefit as your wife works full time.

You may be able to claim JSA(CB) but it is a new benefit year and different Tax Years will be used from when you claimed ESA(CB) so you may not qualify. JSA(CB) can only be paid for 26 weeks.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: David

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7 years 2 months ago #180535 by David
Replied by David on topic CONTRIBUTION BASED ESA
Thanks for your advice Gordon, the whole process is making me unwell, I've tried my best to get my injury better so i can work, its all i know, but just feel like the dwp think I'm lying, i will keep you updated regarding my assessment ;)
The following user(s) said Thank You: Rh

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7 years 1 month ago #184014 by David
Replied by David on topic CONTRIBUTION BASED ESA
Update i contacted DWP 20/02/17 & explained my contrition based ESA is due to finish soon, Dwp said they will fast track my assessment with Maximus, its now 09/03/17 i phoned DWP this morning & they said we can't fast track your assessment while your still in receipt of payment, I seen to get a different story every time i phone the DWP :sick:

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7 years 1 month ago #184041 by Gordon
Replied by Gordon on topic CONTRIBUTION BASED ESA

David wrote: Update i contacted DWP 20/02/17 & explained my contrition based ESA is due to finish soon, Dwp said they will fast track my assessment with Maximus, its now 09/03/17 i phoned DWP this morning & they said we can't fast track your assessment while your still in receipt of payment, I seen to get a different story every time i phone the DWP :sick:


Get your MP involved.

Contacting your MP

The whole point of them prioritising your assessment is to avoid you having financial hardship due to your payments stopping. What are these people smoking!

Gordon

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

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7 years 1 month ago #184098 by sally-jane
Replied by sally-jane on topic CONTRIBUTION BASED ESA
Wacky baccy of the strongest amount for the drivelle they tell one and all on the telephone.
I do everything now in writing including registered mail with a legal inclusion stating a response different to what I have expected the answer to (which is included within the letter), is to be sent within 28 working days of the date of this letter. So far this has sufficed.

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