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7 years 2 months ago #180979 by Gordon
Replied by Gordon on topic ESA claim
Cruella

If you are not living in the but to let then I would be surprised if the money from the sale would be disregarded, but these decisions are down to a Decision Maker.

Your meeting the requirements for ESA and being paid it are two separate matters, so you need to complete the process and receive an award to get the NI Credits. Again, an award remains in place whether you are being paid or not until a new Decision is made.

Gordon

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7 years 2 months ago #180986 by Perdita
Replied by Perdita on topic ESA claim
'Where a person is trying to dispose of premises, they can be disregarded from the
calculation of that person’s capital where they are taking reasonable steps to
dispose of the premises and those steps have been commenced within the last 6
months' This is the bit from government info. So I am hoping this means I can claim a little ESA or housing benefit if need be during the sale process, as I do not think my remaining 8000 will keep me going until the buy to let flat is sold. I will check and also read the ESA guides on here so hopefully it will reduce the number of questions I keep putting up on the forum! You must be sick of Cruella, but thank you

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7 years 2 months ago #181014 by Gordon
Replied by Gordon on topic ESA claim
Cruella

This is not an area that we advise on, I strongly recommend that you get face to face advice from a trained advisor so that you do not get caught out by the system, DO an internet search for "welfare advice" with your postcode, town or county.

Gordon

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7 years 2 months ago #181105 by Perdita
Replied by Perdita on topic ESA claim
Due to my problems I am unable to get anywhere, or even enter a building to get face to face advice. This has already cost me and made me miss opportunities. I wrongly came out of the family home, also missed contributions based benefit because I naively took advice from front line people answering queries over the phone at a certain establishment, I assumed they were trained, and also DWP failed to inform me properly. I am considering paying a solicitor who specialises in welfare rights, 150 pounds for an hour telephone consultation! but do not know whether they will be worth it. They may just read out the capital disregards in the government material that I have already read. It is really difficult to get good advice over the phone, which is why I appreciate this site because you know your stuff but also will say when it is outside your expertise, hence no misleading. Appreciate this site hugely, thank you
The following user(s) said Thank You: slugsta

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7 years 2 months ago #181527 by Perdita
Replied by Perdita on topic ESA claim
Hi, I have my GP phoning tomorrow. I need her to re issue my fit notes because for more than a year (I have not used them yet) they have been issued in too big a chunk, the last one was from last June to indefinitely, and I need them to be no longer than 3 months as I understand that is the max the DWP will accept at the beginning of a claim. Is there no point whatsoever getting the older than 3 months ones reissued? I mean will the DWP never go further back than 3 months? (I still would like to contest the ill advice that stopped me claiming CB ESA a few years ago) Also, is there no scenario at all where it would be important to have all conditions listed on a fit note? Does having all conditions on a fit note show the GP feels all conditions are ongoing problems? Does having all conditions on the fit note show that the GP thinks all conditions are severe enough to stop you working?

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7 years 2 months ago #181542 by Gordon
Replied by Gordon on topic ESA claim
Cruella

A new claim for ESA can only be backdated by a maximum of three months if supported by a Fit Note.

I can see no opportunity to connect this claim to the one that was made several years ago, any issues you had with it being refused should have been followed up at the time.

Providing the Fit Note is issued it really doesn't matter what it says, just how long it lasts for. A Fit Note means that you will be treated as having Limited Capability for Work which enables your claim to be progressed..

Gordon

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