Three months and still no ESA

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24

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  • poppy12345
    poppy12345 Posts: 17,956 Forumite
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    I totally agree about contacting you local MP. I had to do the same with my ESA a few years ago because they were being so slow about paying me my backdated money. I contacted my local MP through an email, 24 hours later i had a reply from my local MP saying he had contacted the DWP on my behalf and i should be hearing from them soon. Shortly after i recieved a call from DWP telling me a payment had been released and i would recieve it in 3/4 days. The payment arrived on the day they stated. Well worth going down this route.
  • Alice_Holt
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    The advantage of making a formal complaint is that it will be seen by a member of the Dispute Resolution Team, who has more discretion to get things actioned, etc.
    So, both making a complaint and getting your MP to intervene on your behalf should help to sort this mess out for you, when to date telephone calls have failed to produce any action to resolve it.

    Both are suggested in order to bring this to the attention of someone in the DWP who can take action for you.
    (as is the suggestion that you are referred to someone in the safeguarding team).
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • cathodoer
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    We called and basically got the response I was expecting, “it’s still processing.” Guess I’ll be attempting to contact our MP then since they don’t seem all that eager to get this done, nice to know I can possibly do it by email @poppy! Think I’ll try making a formal complaint as you’ve all advised too.

    Such a pain having to wait so long after waiting more than a year just for the tribunal. ��
  • epitome
    epitome Posts: 3,199 Forumite
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    I'm sorry to disagree here, but

    There is no need yet to contact an MP, and possibly no need for a complaint.

    This claimant simply does not know what is happening with her appeal.
    She won't know until someone phones and does what is in post #5. There is no point contacting an MP when you have no idea what the delay is.

    The claimant has phoned ESA before to ask, but they have been fobbed off because the DWP do not want HOTTS to be sent and this filters down to all the telephone people who are pressured into not sending HOTTS so they will give you any excuse under the Sun to fob you off and avoid a HOTT. This claimant/appointee has so far accepted being fobbed off, probably because she does not know any better.... But now, Post #5 should have changed all that.

    Please just ask your appointee to be present when you call ESA and find out -by asking for/insisting on a call back- what is happening with your appeal win.


    Possible scenarios include
    • The DWP is totally unaware that you have won an appeal, to remedy this have your Tribunal letter scanned to ESA by a Jobcentre.
    • The DWP is aware but it is Reg 35 and they have asked the tribunal to supply a written statement of reasons
    • The other benefit claimed by the claimant during appeal has not been closed
    • The appeals department has allowed the appeal, and sent it to maintenance, but maintenance are taking too long to do it - a quick phonecall will sort this out within a couple of days.
    • The DWP appeals dept has sent it to maintenance and maintenance has already actioned it. but the claimant is not entitled to any payment of ESA...only National Insurance Credits (it does happen).

    Until we know what the situation is, I/we cannot advise.

    There are a number of questions in post #5 that have not been answered.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 29 September 2017 at 8:52PM
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    cathodoer wrote: »
    We called and basically got the response I was expecting, “it’s still processing.” Guess I’ll be attempting to contact our MP then since they don’t seem all that eager to get this done, nice to know I can possibly do it by email @poppy! Think I’ll try making a formal complaint as you’ve all advised too.

    Such a pain having to wait so long after waiting more than a year just for the tribunal. ��

    You posted that while I was typing mine.... Why did you not insist on a call back?

    "It is still processing" is not an acceptable answer

    When was it recieved in DMACR ? (pronounced DeeMaker)
    Has it cleared DMACR and been sent to maintenance? If not WHY not? (call back from appeals). If yes, WHEN?
    If so WHY are maintenance taking so long? (Call Back from Maintenance)
  • cathodoer
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    Sorry epitome, didn’t mean to ignore your questions, just had a lot to. I’ve never been in the WRAG, only ever the support group. Don’t know what LCW is so I can’t answer those questions yet.

    The only money I got from ESA was during the “assessment rate” of 13 weeks, which actually ended up lasting me more than a year before being sent to an actual assessment. After the assessment they awarded me no points and my ESA was stopped, until the tribunal came this year where I believe I was accepted under Reg 35.

    Before ESA we tried to claim PIP but were turned down for it, we haven’t tried to claim it or anything else again since.

    Hope that answers something. I don’t really know much about all this, I find it complicated at times and only know the basics, since my appointee is the one who is dealing with all of it. Thanks again
  • epitome
    epitome Posts: 3,199 Forumite
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    cathodoer wrote: »
    Sorry epitome, didn’t mean to ignore your questions, just had a lot to. I’ve never been in the WRAG, only ever the support group. Don’t know what LCW is so I can’t answer those questions yet.
    LCW = failed the medical
    The only money I got from ESA was during the “assessment rate” of 13 weeks, which actually ended up lasting me more than a year before being sent to an actual assessment. After the assessment they awarded me no points and my ESA was stopped, until the tribunal came this year where I believe I was accepted under Reg 35.
    Did you ask to be paid on appeal? Did they refuse to pay you on appeal because you have failed the medical before?
    Before ESA we tried to claim PIP but were turned down for it, we haven’t tried to claim it or anything else again since.
    So you did not claim anything else during your appeal...ok.

    And confirm, please, you did not ask for a call back today, so you don't actually know why it is "still processing"
  • cathodoer
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    Ah, guess I was found to be LCW then. I believe I was on IR ESA too.

    I don’t think we asked to be paid on appeal no, not sure we even knew of that at the time.. I don’t think they would’ve agreed to it anyway, what with failing the assessment with 0 points. :/
  • Alice_Holt
    Alice_Holt Posts: 5,950 Forumite
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    edited 29 September 2017 at 9:05PM
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    cathodoer wrote: »
    until the tribunal came this year where I believe I was accepted under Reg 35.

    You need to check that the tribunal did award you ESA. (If they didn't this would explain why you are not receiving payments)
    Have you got the award notice?

    Please find out if you have a current award of ESA BEFORE contacting your MP, etc.

    If you can't find the Tribunal Service letter, ring them with your NI number to hand and ask for a copy of the award notice.

    Did you show your appointee Epitome's post?

    As your appointee has been unable to establish the status of your ESA (although "processing" indicates there is a claim), I would now strongly suggest you and your appointee contact your local CAB to make an appointment with an adviser to phone the DWP (and the TS if necessary) with both present. Take all relevant TS & DWP correspondence with you

    If you are not due ESA, then you and your appointee need some benefits advice on how to proceed, what benefit may be possible, etc.
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • epitome
    epitome Posts: 3,199 Forumite
    edited 29 September 2017 at 9:21PM
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    cathodoer wrote: »
    I don’t think we asked to be paid on appeal no, not sure we even knew of that at the time.. I don’t think they would’ve agreed to it anyway, what with failing the assessment with 0 points. :/

    If you did not fail the medical before this one.......... (you said you used to be in the Support Group....what happened to your previous Support Group?).............You would have been paid on appeal, it is pretty much too late now, you would need to supply sick notes from the date your last one expired to be paid on appeal now, and that of itself would take a week or 2 to sort out. I am assuming your appeal will be sorted within 2 weeks, but if it isn't going to be then you need to ask them NOW to pay you on appeal. ....if your previous Support Group was closed because you failed the previous medical...and this claim was made with a new/worse medical condition...then you will not be paid on appeal and there is no point asking.

    If you don't ask for a call back, I can't help you, and your MP will not be able to help in the short term either.
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