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DWF failing to honour ESA adjudication decision

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6 years 3 months ago - 6 years 3 months ago #225205 by Jan Winters
My daughter has recently had her ESA entitlement reviewed due to the DWF errors in awarding ESA found by the National Audit Office which has caused a review of thousands of benefit claimants entitlement.

Her review was positive and states that she was entitled to a great deal more money each week. Along with the 7 December 2018 decision letter she was sent the adjudication paperwork (form ESA 13N 10/13) completed by the adjudicator which showed what she should be receiving as from 12/04/2018. However, DWP have not honoured the adjudication decision going forward. My daughter wrote asking why they were not honouring the decision but received no response.

Despite her making written complaint and us having conversations with several Jobcentre and DWP staff no-one will explain why they are not honouring the adjudication decision going forward. In fact staff became quite hostile when I (as her appointee) asked questions about this. Staff failed to answer simple questions such as which department is responsible for passing the adjudication information to the jobcentre ESA staff and who can even deal with this matter. All claimed that they could not see the ESA 13N 10/13 form on their computer and so could not comment on its content.

None of this makes sense. The staff’s behaviour seems very odd as all previous conversations with DWF/Jobcentre staff over the past 13 years have always been straightforward and amicable.

Have other people experienced a similar scenario with their ESA adjudication decision not being implemented going forward?


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Last edit: 6 years 3 months ago by Gordon. Reason: name removed

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6 years 3 months ago #225228 by Gordon
J

Welcome to the forum, you might want to have a look at the following FAQ which explains where everything is

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In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ

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Are you referring to the DWP's failure to assess claimants transferred to ESA from Incapacity Benefit as to whether they were entitled to Income Related ESA?

What Decision was made?

The call centre staff only have visibility of what is included in the claimant's computer record, if this document is not showing then they would not be able to help you. Have you tried escalating to a manager?

Gordon

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

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