Failed incapacity medical, wont pay esa

bobo09

''The Benefits Enquiry Line
The Department for Work and Pensions (DWP) run a telephone helpline giving information on benefits for sick and disabled people, their representatives and carers. This is called the Benefits Enquiry Line (BEL). In Northern Ireland, the Benefits Enquiry Line is run by the Social Security Agency. The helpline also offers help filling out claim forms over the phone when you are applying for Disability Living Allowance and Attendance Allowance.
In England, Wales and Scotland, you can contact the Benefits Enquiry Line on:
Tel: 0800 88 22 00''

It says its a DWP helpline.

stazi

The BEL only gives general information about certain DWP benefits- they won't give you detailed information about your claim because they won't have it- you need to ring your JCP Benefit Centre for that.

cit_k

stazi wrote: »

The BEL only gives general information about certain DWP benefits- they won't give you detailed information about your claim because they won't have it- you need to ring your JCP Benefit Centre for that.

Is it possible to speak directly to the decision maker regarding decisions they have made?
Im having no end of problems with them seemingly completely ignoring case law for some reason, and want to speak direct to the DM...

stazi

Yes, of course you can ask to speak to a/the DM about a decision/reconsideration they have made. However, if you have already appealled the decision, the DM may not now have any paperwork available as it would/may have been sent to the Appeals Service.

deano111

i have had 2 atos MEDICALS first 1 i got 12 points i did appeal i also did lose the appeal ' secondly i made another claim for ESA!!!
started posting my sicknotes off as you hafto 6 weeks later no payments i rang them up i got told i wouldnt get paid untill i had my medical 10 weeks on i get a call today i failed it and wont get any payments what so ever i didnt know they didnt hafto pay u for them sicknotes that got sent in?...

enabledebra

bobo09 wrote: »

I was sent for an ATOS medical as claiming incapacity benefit (long term). Heard nothing for 7 weeks so i phoned DWP. They couldn't tell me anything then 5 days later i get a letter saying i had failed the medical and my benefit was being stopped from the date i had telephoned.

I've been to CAB and sent the gl24 form off but they wont change decision so its now going to appeal-been told unlikely to be heard before 17/12/10.
I applied for ESA and sent off the esa50 form yesterday. I've sent 2 doctors certificates (one for month then one for 2 months) so far.
Today i received a letter saying i would not get paid ESA from the date Incapacity benefit stopped.

Your options as an IB claimant who has failed a medical are to claim either JSA or Income support (IS would be at a reduced rate by 20%) pending your appeal outcome.

NASA_2

An ESA fresh claim within six months of an IB disallowance doesnt get paid automatically.

In this case the ESA DM's have decided that a WCA is required before they will disallow the claim. I'm assuming that in the OP case the medical condition is the same (Or similar) to what they were disallowed for on the IB claim.

No appeal can be made against the ESA, as far as I am aware, as no disallowance has been made on the claim.

Can the OP not claim reduced rate IS while the appeal is ongoing?