Help with benefit advice please.

Rich_F

Firstly I apologize if this is in the wrong section but I have literally stumbled across this site and hoped I could get some advice from someone in the "know".

Without boring everyone too much I was seriously injured at work in 2008......I have had numerous operations and the long and short of it is I am awaiting medical retirement at the ripe old age of 36!

Work stopped paying me SSP after 6 months and I applied for and got ESA in (March 2012). However I got a letter saying it was being stopped, looking into it I can kind of agree with the decision as though I am disabled I can walk and certainly will be getting another job once I am retired from my current role.

I think I got ESA for about 8 months, however they are now saying they might claim back some of the payments as a result of a medical I had in JULY!!!!! I only found out yesterday that I "failed" the medical in July. Surely if they decided I was no longer eligible they could have told me asap rather than pay me for months on end then expecting me to pay it back....

Anyone know where I stand in relation to this? I certainly didn't want to claim something I shouldn't have but this seems massively unfair??

Many Thanks

Rich

[Deleted User]

if its their error(official error as its called)then they shouldnt be asking for the money back,if they do appeal their decision

dreamylittledream

ESA disallowances run from the date the decision was made to disallow not the date of the medical (the ATOS assessment forms the basis of the decision but is not the sole factor), if you've been disallowed the benfit any overpayment can only stem from the date that disallowance was issued (usually the odd day or two here and there due to advance on payment cycles).

If they made a decision to disallow but didn't cease payment that is likely to fall under the remit of official error and any overpayment should be written off.

In any event you have 1 month to appeal a decision from the date you receive a letter of disallowance and benefit would continue to be paid continuously until ESA receive a tribnual decision upholding their decision so no overpayment would be generated.

So I wouldn't panic