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Esa
Sarah69
Posts: 472 Forumite
I have posted several times on behalf of a friend and I'd like more advice about her situation. She has been receiving cb ESA for about the last 2/3 years she failed 1 medical which went to appeal (May last year) and she won. In Jan/Feb she had a medical, in April she had a letter saying she was no longer entitled to cb ESA and to claim ir ESA, and that she had failed her medical. She claimed ir ESA and they sent a compliance officer to see her on the 25th May. She called the following to find out what was going on, after ringing and speaking to a few different people she was told that no one knows why he was sent there and that the original decision still stood. She has sent an appeal letter in with a copy of her hospital admission form, I think maybe a month or more ago. She has had no money since the end of April is she not entitled to assessment rate ESA? She had an op on her ankle last week and will be in plaster for the next 12 weeks surely she would be entitled to ir ESA? She has contacted her mp over the way her claim has been dealt with. Any advice appreciated.
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Comments
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Does she have a working partner, or significant savings?0
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No she neither!0
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Reading between the lines.
I wonder if she made (in April) a fresh claim for ESA.
This would be (properly) not paid until she's actually had a medical assessment as it's been within 6 months since the last assessment.
If she sent in an appeal against not being paid, on a fresh claim this was doomed to fail, as she is correctly not being paid.
However, what she should have done is to appeal the original decision that she was not entitled to ESA.
The fact that she was switching from CB-ESA to IR-ESA at this time is a distraction.
It does not affect the determination of her limited capacity for work.
What she should have done is, within a month of the decision in April, sent an appeal against the decision that she did not have limited capacity for work. Then she would be paid at the assessment rate until the tribunal (or reconsideration in favour).
If instead she's applied afresh, it gets _considerably_ more complex.
As I understand it, and at the moment the DWP site is down, so I can't check the relevant regulations, she needs to (or more likely have someone on her behalf) appeal the original decision on receipt of the request to claim ESA afresh, not to treat it as an appeal on the previous claim.
I understand this is possible for the decisionmaker to do.
As this is probably now outside the calendar month, it needs to be a 'late appeal'.
An alternative might be to appeal against the decision not to treat the appeal received as a (possibly late) appeal against the earlier decision on her limited capacity for work.
Exactly how this would best work depends on when the letters were sent.
First off - has she had confirmation from the DWP that the appeal was received at all?
This is something that would really benefit from face-face advice, guesswork isn't a good idea with this sort of stuff.0 -
Its a little difficult relaying the info!
At the end of April she had a letter to say her CB ESA was ending and she had to claim IR ESA. She filled this out and sent it off. The letter also said that she had failed the medical she had in Jan/Feb time. Her money was stopped at the end of April.
She sent an appeal in with a doctors letter explaining she is not fit for work. She contacted dwp and they said they need more information so she then sent in her admission letter for her op.
She has heard nothing about the claim for IR ESA. She has had no money since April surely this can't be right? She has no income whatsoever.0 -
She needs to find out what is happening with the switch to ESA(IR) and the appeal.
She won't be paid while appealing unless she has been successfully switched to ESA(IR).0 -
Its a little difficult relaying the info!
At the end of April she had a letter to say her CB ESA was ending and she had to claim IR ESA. She filled this out and sent it off. The letter also said that she had failed the medical she had in Jan/Feb time. Her money was stopped at the end of April.
She sent an appeal in with a doctors letter explaining she is not fit for work. She contacted dwp and they said they need more information so she then sent in her admission letter for her op.
She has heard nothing about the claim for IR ESA. She has had no money since April surely this can't be right? She has no income whatsoever.
I don't understand why it appears that in the same letter she was told to claim IR ESA and also told she had failed a medical and wasn't entitled to ESA at all. How confusing.
I haven't bogged off yet, and I ain't no babe
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she needs to phone and ask to speak to a decision maker - they do call backs. They will be in a position to explain what has happened and she can put her case. If at all possible record the conversation, at least take notes of who it is and what is said.
she can also apply urgently for a crisis loan.
she can be referred to a foodbank maybe....
xx0
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