ESA No points ~ Won PIP Appeal

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  • Alice_Holt
    Alice_Holt Posts: 5,946 Forumite
    First Anniversary Name Dropper First Post
    JJWSJS8700 wrote: »
    I was found fit for work 7 weeks ago....I don't know if I will Appeal..

    I think you should (at least) start an appeal:
    1) You normally have 1 month from the date of the decision letter to ask the DWP to look at their decision again (requesting a Mandatory Reconsideration - MR).
    However a recent Upper Tribunal case found the 1 month deadline to be unfairly restrictive.
    So, if you ask for a MR now the DWP would hopefully consider it.
    You will need to explain why you are beyond the 1 month - so this could be illness / stress / unable to get advice / etc. Quote the UT ruling - R(CJ) and SG v Secretary of State for Work and Pensions (ESA): [2017] UKUT 324 (AAC)

    2) This is the first stage of an appeal. And you can withdraw from an appeal at any point. if you decide not to continue having looked at the ESA activities etc

    3) Having sent your MR, this gives you the time to get advice from your local CAB / advice agency / look at the descriptors / look at internet guides / etc to see if the DWP decision to withdraw your ESA was correct or incorrect.

    4) If you don't appeal now you may lose the right to appeal entirely (and you can always withdraw the appeal if you decide against carrying on with it).

    This is a proforma for the MR:
    https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf
    Send it to the office that sent you the decision letter, keep a copy and get proof of posting.

    There is some info on ESA activities and the appeals process:
    https://www.benefitsandwork.co.uk/news/3650-dwp-loses-fight-to-stop-claimants-appealing
    http://www.mybenefitsandwork.co.uk/med2/indexxx.php
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/
    http://www.advicenow.org.uk/guides/how-win-pip-appeal (deals with PIP but the appeal process is virtually the same)
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • pmlindyloo
    pmlindyloo Posts: 13,049 Forumite
    Name Dropper First Anniversary First Post
    Please answer these questions. What benefit are you claiming now?

    Were you on contribution based ESA or income based ESA?
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Thank you very much to you bothfor replying.

    I have not claimed any benefits since my ESA was stopped at 73.10 (IR) after 2yrs and 6 mths.

    When it stopped my Appeal for PIP was allowed but I have not heard anything since....for past 2 weeks.

    I am now reading the links you sent Alice Holt because my ESA claim is also complicated, I gad a Tribunal previously but was thrown out /disallowed.

    It was not after an WCA it was because I was asking to attenda different office and the Tribunal said no.

    Thank you
  • Bananas123
    Bananas123 Posts: 311 Forumite
    edited 8 October 2017 at 1:25PM
    get them rung up and ask for an appeal! (you will have to give reasons why you are late i think though as you have 1 month).

    you can also have the tribunal assess you on your documents alone (this may be a reason why you are late if you didn't know this etc / thought you HAD to attend but had difficulty doing so)

    it is better to attend in person though (higher success rate)

    you will be eligable for backdated payment of esa if you are successfull.

    there is no reason i can think of not to.
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Thank you Bananas.

    The Tribunal disallowed me to attend a different WCA centre...not the Tribunal.

    It's the first thing the Tribunal offer is, do you want to attend a different venue....
  • epitome
    epitome Posts: 3,199 Forumite
    edited 8 October 2017 at 3:43PM
    JJWSJS8700 wrote: »
    It was not after an WCA it was because I was asking to attenda different office and the Tribunal said no.

    Thank you

    I hope you made a new claim to ESA from the date the previous ESA claim closed from.

    You have had 2 claims to ESA, The first claim closed due to fail to attend, the second closed due to failing the WCA.
    Am I right?

    Questions...
    Did you ever fail an ESA WCA before this one? When did you fail before?

    Did you change address since Jan 2016?

    As you have been awarded PIP Daily, you can ask ESA to do a form eIS10 over the phone with you, if you have lived alone then you should have Sev Dis Prem backdated to your ESA (for those times when you had an ESA claim) since Jan 2016.
  • Bananas123
    Bananas123 Posts: 311 Forumite
    JJWSJS8700 wrote: »
    Thank you Bananas.

    The Tribunal disallowed me to attend a different WCA centre...not the Tribunal.

    hello, sorry i don't understand the above if you can confirm ?

    you mean the dwp wouldn't let you change location for your WCA ? and then stopped your ESA assessment rate because you didn't attend ?.

    you know you can request the assessment at home ?
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Bananas:

    ESA would not allow me to attend a different office for my WCA.

    I took it to Tribunal and the Judge disallowed Appeal saying I was DICTATING where to go for my ESA WCA.


    Thank you Bananas
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    I had my first and only WCA just in July and received no points.
  • JJWSJS8700
    JJWSJS8700 Posts: 238 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Thank you epitome

    I have had 4 esa ckaims all continuous from Jan 2015.

    Everytime they refused I opened a new one for worsening conditionnee condition.

    I was diagnosed after my MRI with 4 different conditions.

    I was classed as FTA for the first one took it to Tribunal and the Judge said dictating.

    The second assessment came around immediately and they would not allow me to attend a different WCA centre.

    I took it to Trbunal and had another ESA claim, as you will know,no assessment rate paid for a FTA.

    I was called in for WCA again and they refused a different office. Did not take this to Appeal.

    Claimed another ESA claim and was allowed NI contributions only - no payment.

    I had no payment at all from Dec 16 until May 2017 when I was allowed my Paper Appeal at Tribunal, where the Judge said I had shown good reason for requesting a different WCA centre.
    She ordered I was allowed to attend a different WCA centre.

    This was my second claim, which superceded the other 2 I had opened after it. My Esa payment was reinstated and I was allowed to attend a different office for a WCA.

    I received an appt date, attended but received no points.

    Whist I was dumbstruck, my PIP Paper Appeal was decided, just a few werks ago and it was allowed.

    I haven't heard from DWP yet but they have got the award notice from Tribunal.

    I hope I have not confused you.

    Thank you very much.
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