11 weeks owed ESA payments ?

fairenough786

Hi all...

I am sending this on behalf of my friend. She is about 58 yrs old and she got roughly 11 weeks of missing ESA payments from 14-March-2013 to 28-May-2013 because she broke her ankle. She send in all the paper work and made several calls (all dates available) and they said they had send her the ESA50 form which she never received. She also send in several sick notes from the GP but no luck. Later in weeks she did finally receive the ESA50 form (medical assessment form i think) and sent it to them. But still, even to date they say its with the decision makers.

what can i do ? is there a way to still get this payment ??

thank you

Horseunderwater

On the one hand you say she got money & then you say is there any way to get this money. So which is it?

fairenough786

Horseunderwater wrote: »

On the one hand you say she got money & then you say is there any way to get this money. So which is it?

where did i say she got the money ? 11 weeks of payment is owed to her.

northerntwo1

fairenough786 wrote: »

where did i say she got the money ? 11 weeks of payment is owed to her.

You did.

So she's applied for ESA but no money yet?

What was she doing before her ankle break (my sympathy to her BTW). Was she working if so why no SSP or on JSA?

Indie_Kid

She would have had to send the ESA50 in on time for ESA to carry on being paid.

grrrrrowl

Horseunderwater wrote: »

On the one hand you say she got money & then you say is there any way to get this money. So which is it?

Yes she said she 'got' 11 weeks of missing ESA payments, but I think it's pretty clear from the thread title she meant 'has'. Let's not be pedantic here.

Horseunderwater

Not being pedantic at all - was trying to get to the bottom of what OP said. If OP's friend has never been paid the assessment rate for those 11 odd weeks - that seems odd. The friend would have only got the higher rate once an esa50 was completed/returned to ATOS & a WCA appointment kept or decision taken based on the form alone. And that would only have been from week 13 on. Assuming they scored 15 points.

fairenough786

hi all...

(i got the full scenario from her)
Accept my apologies. I did say "she got 11 weeks of missing payments" though i meant she has 11 weeks of missing payments, in other words since she was on JSA and broke her ankle, she applied for ESA and they have not paid her for 11 weeks.

She been looking for work since some time now so even before her ankle broke she was on JSA. She was told to fill out ESA50 form which she never received in spite several calls. One chap on the phone she spoke to told her to make a new ESA claim and she did and he sent her the ESA50 forms. She filled them out, she went for her medical assessment as well. The JSA or ESA later told her she hasnt scored enough points but is the points linked to the payments ? all she wants is her missing payments, whether JSA or ESA ...

thank u all.

HB58

If your friend 'didn't score enough points' then she has been refused ESA. If this happened less than 1 month ago she can ask for a Mandatory Reconsideration and then go on to appeal if this is not in her favour. She will not get any ESA while the MR is taking place (this could take anything from 2 weeks to many months), she will need to claim JSA again instead. Once the MR has taken place she can submit a formal appeal and assessment rate ESA will be paid again (as long as she covers this period with 'fit notes' from her GP)

epitome

You also meant 2014 not 2013??? and you said missing payments to May 28th, today is only May 21st so what are you talking about May 28th for?

What date did her ESA start? (the first claim)
What dates did they pay her ESA upto? (the first claim)

She had a FTRQ failed to return Questionaire, what date was the claim closed from?

She then made a new claim and submitted an ESA50 which means they would have started to pay her again, what date did they start to pay her again from?

Did she put her reasons why the ESA50 was late on page 17 of the ESA50 ?

What date was her WCA (assessment)?

She should have provided reasons for late return of ESA50 and this would be with a DM for the first decision.
After the first decision she can submit a Man Recon for FTRQ ... has she done this? What date was the Man Recon submitted?

If this really was in 2013 there would have been no Man Recon but she should have submitted a GL24 appeal form....did she do this? If she sent a GL24 it should be with Tribunal by now so you should be able to confirm it is with tribunal, in which case it has nothing to do with DWP anymore and you should phone 0300 123 1142 to ask if they have her appeal...

Was she always on time with her sicknotes? or were they late?

All of this is going to be too complicated for a forum discussion and is best discussed with DWP over the phone and they will tell you what happened and what she can or can't do.