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  • FIRST POST
    • cathodoer
    • By cathodoer 27th Sep 17, 5:28 PM
    • 12Posts
    • 1Thanks
    cathodoer
    Three months and still no ESA
    • #1
    • 27th Sep 17, 5:28 PM
    Three months and still no ESA 27th Sep 17 at 5:28 PM
    Back in June i won my ESA tribunal and was put into the support group, but I have still yet to see a single penny. I’m owed at least 60 weeks of backpay, not including the past three months, and despite calling them time and time again we’re just told “it’s still processing.”

    After the first regular 8 weeks processing time we were told we had to fill in a form to confirm nothing had changed and not only were we never told this the countless times we called previously but they didn’t even send the thing out to us! I filled and sent it off about 3 weeks ago but still absolutely nothing. Am I going to be waiting the 6-8 weeks processing time again now that the form has been sent? I’m getting extremely agitated and money problems are sending my stress up the wall I really don’t know what to do. Advice?? Thank you
Page 2
    • epitome
    • By epitome 29th Sep 17, 9:13 PM
    • 2,849 Posts
    • 1,773 Thanks
    epitome
    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. :/
    Originally posted by cathodoer
    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.
    Last edited by epitome; 29-09-2017 at 9:21 PM.
    • epitome
    • By epitome 29th Sep 17, 9:23 PM
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    • 1,773 Thanks
    epitome
    And if you do ask for a call back, and you don't want to follow my instuctions above...

    Then just insist on a call back from the "appeals section"
    That would at least be a good place to start.
    • cathodoer
    • By cathodoer 29th Sep 17, 9:28 PM
    • 12 Posts
    • 1 Thanks
    cathodoer
    Just checked and yes it was an award with ESA that I got, in the support group.

    Our adviser has called them on our behalf as well to try and speed it up but she got the same results we did, and apparently there is no time frame as to when we will receive the regular payments and back payment.

    We will phone again and request a call back on monday but at this point I’m not really sure how much further it’ll get us! Worth a try though of course.

    I only went to the one medical, and I failed it. Maybe it wasn’t the support group I was in, all I know is I got the assessment rate for around a year before being sent to the actual assessment. I don’t think I would apply to paid on appeal then?

    Sorry for not quoting, I’m on mobile and for some reason it won’t let me!
    • Alice Holt
    • By Alice Holt 29th Sep 17, 9:33 PM
    • 1,463 Posts
    • 1,563 Thanks
    Alice Holt
    Just checked and yes it was an award with ESA that I got, in the support group.

    Our adviser has called them on our behalf as well to try and speed it up but she got the same results we did, and apparently there is no time frame as to when we will receive the regular payments......
    Originally posted by cathodoer
    Good - I was a bit worried when you weren't sure!!

    So - back to post 8 then.

    Good luck.
    • epitome
    • By epitome 30th Sep 17, 10:43 AM
    • 2,849 Posts
    • 1,773 Thanks
    epitome
    Just checked and yes it was an award with ESA that I got, in the support group.

    Our adviser has called them on our behalf as well to try and speed it up but she got the same results we did, and apparently there is no time frame as to when we will receive the regular payments and back payment.
    Originally posted by cathodoer
    Wrong....you need to ask for a call back

    We will phone again and request a call back on monday but at this point I’m not really sure how much further it’ll get us! Worth a try though of course.
    YES, YES, YES, THIS IS WHAT YOU NEED TO DO. either ask my questions in post 5 and get a call back from the right department....or if you don't understand ... just ask for a call back from the appeals section.... When they call you, ask them:
    • When did they receive the appeal win notice?
    • Have they asked for the Tribunal for any further statements or do they have everything they need?
    • Why is it taking so long?
    • And make them understand you have no paying benefits at the moment so you need it done quickly.
    Best case scenario...they will tell you it was done two months ago and you are waiting for maintenance....

    In which case..... you would have to call ESA again and ask for another call back from "Maintenance"

    I only went to the one medical, and I failed it. Maybe it wasn’t the support group I was in, all I know is I got the assessment rate for around a year before being sent to the actual assessment. I don’t think I would apply to paid on appeal then?
    Then you would have been paid on appeal this whole time.... You can still ask for this now, you would need sick notes for the entire time since your last one expired, but it might be easier to just wait...entirely up to you.
    Last edited by epitome; 07-10-2017 at 12:26 PM.
    • cathodoer
    • By cathodoer 30th Sep 17, 11:50 PM
    • 12 Posts
    • 1 Thanks
    cathodoer
    Thank you, I showed your posts to my appointee and we’ll be asking what you’ve suggested on monday. I really hope it gets us somewhere.

    About paid on appeal, my appointee informed me that they would not give it to me because after the assessment they claimed I was fit for work and needed to seek employment and then stopped all my ESA. We’ve been sending in sick notes since 2015 and I’ve not had or heard about anything on appeal, so I think that’s a dead end for me..
    • epitome
    • By epitome 1st Oct 17, 1:56 PM
    • 2,849 Posts
    • 1,773 Thanks
    epitome
    Please make sure -when they call you back- they are from the correct department.... if you have asked for a call back from appeals...then ask them when they call you "Are you from the appeals section?" Make sure that you understand where your appeal case is now, where it has been up until now, Why it is taking so long, Has your appeal been allowed and passed onto maintenance...if not, why not, when will this be done?

    About paid on appeal, my appointee informed me that they would not give it to me because after the assessment they claimed I was fit for work and needed to seek employment and then stopped all my ESA. We’ve been sending in sick notes since 2015 and I’ve not had or heard about anything on appeal, so I think that’s a dead end for me..
    Originally posted by cathodoer
    Your appointee is wrong, If (as you have said) this was the first ever time you have attended an ESA medical assessment and failed it, and been disallowed from ESA because of that.....

    Then yes, ESA stops paying you
    Then you do a Man Recon
    Then you start an Appeal

    Then......after that has all happened ... if you ask ESA........., they will pay you while you wait for your appeal to be heard.

    It is not too late to ask them to do this now, while you wait to find out why "appeal win processing" is taking so long. You would have to ask for a seperate call back from "Maintenance WCA" with a request that you want to "paid pending appeal" ........But to do this you would need to know that they have received all your sick notes, continuously since they stopped your ESA. Not since 2015, but since they stopped paying you ESA (2015 sick notes are irrelevant to this).

    Because you have now won your appeal...they may be reluctant to do it because they would think "it won't be long before this claim is re-opened anyway, so why bother?" But If you really want it done then insist on it being done, it is your right to be paid pending appeal.

    If they flat out refuse to "pay you on appeal" ask them what is the reason you are being refused this........ There would only be 2 legitimate reasons to refuse this..
    • This was not the first time you have failed an ESA medical
    • Your appeal has already been allowed by the appeals department, and it has been received at Maintenance to re-open your claim with Support Group...so they are going to do that instead....but they are going to do it quickly...

    PLEASE don't say on Monday that when you phoned they said any excuse not to get you a call back and you accepted their excuse.... don't accept their excuses, you don't have to accept them.

    The only acceptable excuse is if they say on Monday, "It is all finished and processed, you will be receiving some money today"

    Anything else, then you should insist on a call back request being sent through THEY ARE NOT ALLOWED TO REFUSE YOUR INSISTANT DEMAND THAT YOU ARE GIVEN A CALL BACK. Just remain calm and polite when you are insisting.

    Do you get PIP DailyLiving or DLA care (middle or High)
    Do you live alone?
    Does anyone claim Carer's Allowance to care for you?

    If the answers above are:
    Yes
    Yes
    No
    Were you being paid SevereDisability Premium on ESA for that year? If you don't know.......
    How much was your ESA award?
    Last edited by epitome; 02-10-2017 at 8:55 PM.
    • cathodoer
    • By cathodoer 3rd Oct 17, 9:32 AM
    • 12 Posts
    • 1 Thanks
    cathodoer
    Gonna have to reply quickly, we called yesterday and didn’t even have to ask for a callback, they very quickly said that they would call us within 24 hours so that should be sometime today, very happy to see a bit of progress. Apparently a lot of the people who answered previously didn’t feel comfortable talking to my appointee rather than me, which is.. stupid, considering that’s what she is here for.

    Any idea what we should expect from this callback? Should we expect my payments within this week or will there be more waiting time? I don’t know all the ins and outs of this stuff but would like to learn. Hopefully we’ll get even further today but after three months of waiting I won’t get my hopes up.

    I don’t get PIP or DLA. I live with a close family member who currently is the only person with an income, and she doesn’t get carers allowance for me. Sorry if I missed any questions, I have to be quick!
    • epitome
    • By epitome 3rd Oct 17, 8:44 PM
    • 2,849 Posts
    • 1,773 Thanks
    epitome
    Ok,
    When you get the call back you just need to ask them what is happening with the appeal....why is it taking so long....

    Ask them if it has been approved by the DWP appeals department yet..if not...why not..... and you will then have to ask to speak to the appeals department directly, maybe on another phonecall by you to ESA to request a call back from the appeals department.

    If it has been approved by the appeals department,, that means it is with maintenance, When was it approved by the appeals department? And when will maintenance have this in payment considering you get no benefits at the moment.

    I can't advise you further until you know what is happening.

    Thanks for answers to questions.....we can forget about that then.
    • cathodoer
    • By cathodoer 3rd Oct 17, 10:05 PM
    • 12 Posts
    • 1 Thanks
    cathodoer
    Didn’t get a call back today, totally shocked (sarcasm). Will keep you updated, we’ll be calling them back tomorrow. Thank you for all your help by the way epitome, this has been a nightmare haha
    • epitome
    • By epitome 4th Oct 17, 9:32 PM
    • 2,849 Posts
    • 1,773 Thanks
    epitome
    Ask for an Escalation call back within 1 hour...from the Appeals department
    Because you were promised a call within 24 hours already.
    • cathodoer
    • By cathodoer 7th Oct 17, 2:10 AM
    • 12 Posts
    • 1 Thanks
    cathodoer
    We got a callback yesterday and it’s finally done, the money will be in my bank within 3 days they said (assumably excluding weekends) and I couldn’t be more relieved all the waiting is nearly done.

    Thank you so much for all the help, I don’t think we would’ve gotten anywhere this quickly without it. Hopefully we won’t run into any more problems.
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