Login FormClose

Free, fortnightly PIP, ESA and DLA Updates

Our fortnightly updates bulletin is the UK's leading source of benefits news. Get the facts about what's changing, how it affects you and how to prepare. Our mailing list is securely managed by icontact in the US.
Welcome, Guest
Username: Password:
Remember me
Members
  • Page:
  • 1

TOPIC: ESA stopped a year ago as I didn't answer phone

ESA stopped a year ago as I didn't answer phone 2 months 1 week ago #216080

Just realised my ESA hadn't been getting paid into my bank account since June 2017 as I was so busy dealing with my elderly Mum going into a nursing home etc and having to sort out her paperwork and didn't notice.. I know it's hard to believe but not getting paper statements I just didn't think to look. I get a medical pension so had enough money coming in and didn't notice any shortfall. To cut a long story short I contacted them and my notes stated I had moved home(which I'd told them)and that they'd tried to ring me twice and when I failed to answer they stopped my claim! I explained they wouldn't have gotten an answer as I had my phone disconnected because I'd moved!
I was told I had to open a new claim and I also put in a mandatory decision appeal at the same time. Well I just received a reply stating I wasn't entitled to anything as I had £173 a week coming in and as a single person they reckon I only need £73.10 to live on..what!! Oh and on top of that I didn't have enough National Insurance Contributions as they hadn't been paying them for a year.
I have to still send in medical certificates and also got an ESA50 to complete. I was in the Support Group before all of this happened and I am so angry with myself for neglecting to check my online banking but I was under so much stress and anxiety having to apply to the courts to become Controller of my Mum's affairs I didn't know where my head was.
I don't know where to turn from here. I suffer from M.E, Fibromyalgia, Asthma, Arthritis, Depression, stress, anxiety, Hypertension and just last week diagnosed with Type 2 diabetes so I am definitely not fit to work.
I am a 63yr old female and want to ensure my government pension is going to keep me afloat but I really don't know what to do. I get the low rate of DLA and this is how ESA found out I'd moved house but I had told both departments this at the same time and have told them this but it looks like I have not only lost £5000+ but also my national contributions. Can someone please help or advise me of my options if there are any:(

Please Log in or Create an account to join the conversation.

ESA stopped a year ago as I didn't answer phone 2 months 1 week ago #216090

Sharzy

What is happening with the MR?

Do you have proof that you notified the DWP of your change of address? Did you write or phone?

The reduction in your ESA is because you have made a new claim and you are currently only entitled to the Assessment Rate.

You haven't lost your Contributions, as you have had to make a new claim you have also had to meet the Contribution Conditions again, as you were previously on ESA and I guess for some time, you will not be able to do this as they look at your Contributions during the last two complete Tax Years, these would be 2015-16 and 2016-17.

If your MR is successful then your original award should be reinstated.

Please use our ESA Claim guides to help you complete the ESA50.

www.benefitsandwork.co.uk/help-for-claimants/esa1

Gordon
The following user(s) said Thank You: Sharzy

Please Log in or Create an account to join the conversation.

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

ESA stopped a year ago as I didn't answer phone 2 months 1 week ago #216092

Thanks for reply. I rang both the DLA and ESA but only the DLA acted on it and that must have filtered through to the ESA section and that's when I guess they decided to ring me. Why, if the phone wasn't answered would they not send out a letter informing me my ESA was stopped due to being unable to contact me? I haven't had any reply regarding the Mandatory decision as yet but I'm sort of assuming I'll get the same reply. You said I'm just getting the Assessment rate but the letter states I am entitled to NOTHING.. I was on Incapacity Benefit from around 1999 when I was medically pensioned off due to my ill health. I was moved to ESA when it first came into force and when I was sent for a work interview the person said there was no way I should have been sent for as it was obvious I wasn't fit for work. A year or so later I was placed in the Support Group and thought that was me settled mentally but now because of my own negligence I'm faced with this current predicament and it's taking its toll on me mentally and physically. All this plus running back and forth to Mum's nursing home is affecting my health now. I guess my only alternative is to get the ESA50 completed using the guidelines provided on this site and to write a letter of appeal regarding my National Insurance Contributions.
Thanks again.
Sharon.

Please Log in or Create an account to join the conversation.

ESA stopped a year ago as I didn't answer phone 2 months 1 week ago #216097

Sharzy

Do you know the date and time that you made the call to the ESA department? If you do then you can make a Subject Access Request for a copy of the recording.


SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

If the call can be retrieved then this would be proof that you had properly notified the DWP.

Did you have your mail forwarded from your previous address? There must be a paper trail for the cancellation of your claim, a failed telephone call is not sufficient to close a claim.

It sounds as if you have made a claim for Contribution Based ESA as you were receiving previously, this cannot be successful as you won't meet the Contribution Conditions. You can make a claim for Income Related ESA but I note that you have a pension being paid, this may prevent payment of any ESA(IR) s it will be deducted £ for £.

ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See

Asset and savings rule for ESA(IR)

24 hour work rule for ESA(IR)

Gordon

Please Log in or Create an account to join the conversation.

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

ESA stopped a year ago as I didn't answer phone 2 months 4 days ago #216285

Thanks Gordon. Regarding the date and time of my phone call they said there was no record of it and yet I rang them immediately after ringing the DLA office.
Don't think I'm going to get any joy out of them as they just refuse to move on this. Think my only option is to try and at least get my national insurance contributions reinstated. I read the 2 files and my ill health pension is probably the reason why they are saying I have enough to live on. It's very unfair as having worked all of my life I am being penalised for receiving a pension because I was unable to carry out my job any longer. If I'd just lazed about and never worked a day in my life I would have no problems qualifying for all sorts of benefits. It's an unjust and unfair system but what can one do when the odds are well and truly stacked against us. I won't give up though I'll complete the ESA50 and get it off asap. I'll keep you updated and again thanks for the help you have given me up to now.
Kind regards
Sharzy

Please Log in or Create an account to join the conversation.

ESA stopped a year ago as I didn't answer phone 2 months 4 days ago #216299

Sharzy

I still think it is worth your making the SAR for the recording, I would also expand it to see if the DLA department notified ESA, you can be held responsible for failing to notify the DWP of a change that they were already aware of.

If you are not eligible for ESA(IR) then continuing with the ESA(CB) claim will at least allow you to receive NI Credits that count towards a full State Pension.

Gordon

Please Log in or Create an account to join the conversation.

Nothing on this board constitutes legal advice - always consult a professional about specific problems
  • Page:
  • 1
Moderators: bro58GordonMrs HurtybackIzzy1010LisaJenny Clarke