ESA final payment problem and query

Viberduo

First off, I was last paid on the 13th, I rang up yesterday as knew I was due a payment as was turned down by a terrible medical that misunderstood my needs and was told I would not get paid the final money till I either closed my claim or they received a appeal!

Anyway that sounds incorrect but that is not the only confusing thing, they say the payment on the 13th covered up till the 13th meaning since they decided on the 20th I did not meet the standards I would be due 1 weeks money but I see it as payment takes 3 days to arrive therefore its more like 10 days money not 7 or am I incorrect?

Really going to struggle as until they accept the appeal(even if it takes months to get it) I will not get paid anything until the process of appealing starts.

Can I claim crisis loans or anything?

Horseunderwater

They are correct in that the payment due on the 13th covers up to that date. However, once you submit your appeal and this has to be within 30 days of decision of rejection, then they should continue to make payments to you at the assessment rate assuming you were a new claimant or if not then at the normal rate you were getting under incap benefit. If the former you will need a new fit note Med3 to cover you from the date your award was declined to cover you for anything up to 6 months if your GP will comply. Mine always did.

Viberduo

I was a new claimant, though I handed in a new doctors not 3 days before they rejected my claim and the note lasts 2 months

Horseunderwater

Unfortunately you still need a new one - DWP set the rules. Just explain this to your GP and all should be well.

benefitbaby

If they made a decision on 20th that you no longer qualified for ESA then they must pay you up to the 20th.

As advised above you can challenge the decision within one month of the date on the decision letter and you must send in a Med3 so the DWP can pay you ESA pending the appeal outcome.

You should seek advice from a welfare rights org/CAB regarding your appeal, evidence needed and prospect of success etc.

Horseunderwater

Also ring up and ask them (DWP) to send you a copy of form ESA85 along with their statement of reasons as this will help you see why you failed the WCA and if there is something very wrong. You know there is - but you need to see what they wrote. This will give you ammunition to help with your appeal.

Hattyjake

Esa got stopped on 23rd sep my next payment was due 3oth sep am i due a week

epitome

Hattyjake wrote: »

Esa got stopped on 23rd sep my next payment was due 3oth sep am i due a week

Yes..................... it's probably in your account today .. check before you phone

TELLIT01

Viberduo wrote: »

I handed in a new doctors not 3 days before they rejected my claim and the note lasts 2 months

Having a certificate from your doctor to say that you have an incapacity doesn't automatically mean that are incapable of any work, which is what ESA assessment is all about.