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ESA Cancelled Without Warning Whilst Claiming PIP
- Anne
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6 years 11 months ago #212626 by Anne
ESA Cancelled Without Warning Whilst Claiming PIP was created by Anne
Hello, very new to the forum and would be really grateful of any advice ..
My Son had his (ESA) stopped roughly, for over a year without warning, when applying for (PIP), his (DLA) was stopped in 2016 until transitioned to (PIP) apparently he missed two appointments although we made it fully clear why he could not attend as a result (particularly because of self neglect/hoarding and agoraphobia).
I made it clear (as his mother and appointee/Carer ) to the DWP as my son suffers from multiple disabilities (Brain Injury/Bipolar/OCD/Epilepsy/PTSD/Anxiety/Depression including physical ailments-UI/Osteoarthritis).
His (DLA) was also stopped until thankfully, his (PIP) award was dealt with. However, after his backdated payments were awarded from the (19/12/2016) (ESA) contacted him to inform him that he owed over (£2000) in overpayment since his (DLA) stopped.
I'm trying my best to sort this out for him however, my own health is failing due to Degenerative lung disease.and it has taken almost 18 month to get what he was entitled to only to be told he must fill in another (ESA) form and repay back money?
My Son had his (ESA) stopped roughly, for over a year without warning, when applying for (PIP), his (DLA) was stopped in 2016 until transitioned to (PIP) apparently he missed two appointments although we made it fully clear why he could not attend as a result (particularly because of self neglect/hoarding and agoraphobia).
I made it clear (as his mother and appointee/Carer ) to the DWP as my son suffers from multiple disabilities (Brain Injury/Bipolar/OCD/Epilepsy/PTSD/Anxiety/Depression including physical ailments-UI/Osteoarthritis).
His (DLA) was also stopped until thankfully, his (PIP) award was dealt with. However, after his backdated payments were awarded from the (19/12/2016) (ESA) contacted him to inform him that he owed over (£2000) in overpayment since his (DLA) stopped.
I'm trying my best to sort this out for him however, my own health is failing due to Degenerative lung disease.and it has taken almost 18 month to get what he was entitled to only to be told he must fill in another (ESA) form and repay back money?
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- Gordon
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6 years 11 months ago #212645 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA Cancelled Without Warning Whilst Claiming PIP
Anne
Are you your sons DWP appointed appointee? Were you an appointee when his DLA was stopped?
If you were then be aware that the DWP can recover the money from you as well.
You can request an MR for the over payment Decision.
I would also make a Subject Access Request for any Work Available Report (WAR) sent from the DLA department to the ESA one when your son's DLA stopped, if one was sent then you can argue that this was official error and the over payment is not repayable. A claimant cannot be held responsible for failing to notify the DWP of information that they are already aware of.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
I would recommend that you try and get face to face advice from a trained Welfare Rights advisor. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Are you your sons DWP appointed appointee? Were you an appointee when his DLA was stopped?
If you were then be aware that the DWP can recover the money from you as well.
You can request an MR for the over payment Decision.
I would also make a Subject Access Request for any Work Available Report (WAR) sent from the DLA department to the ESA one when your son's DLA stopped, if one was sent then you can argue that this was official error and the over payment is not repayable. A claimant cannot be held responsible for failing to notify the DWP of information that they are already aware of.
SAR :
www.dwp.gov.uk/docs/request-for-personal-information.rtf
From this page :
www.dwp.gov.uk/privacy-policy/data-protection/
I would recommend that you try and get face to face advice from a trained Welfare Rights advisor. Do an internet search for "welfare advice" with your postcode, town or county.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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