fathers esa completely stopped

stardust80

My father has dementia and had his benefit stopped completely from the 4th March because he missed a work focus interview, and his excuse for missing the interview wasn't good enough and hasn't recieved a penny since.

He had to re-apply for ESA as a new claim, even though he's been on long term. 10 years+.

When we phone the jobcentre and dwp, they just say his claim is still processing and when the doctor gets to read his file or some thing then they will get back to us. But how long will this take? He's had no money for 5 months now.

Please help someone.

tomtontom

Are you sure it was a WFI and not a WCA? A doctor would not be involved in a WFI. Does he have anyone to help him with his paperwork, with regards to this and on a day to day basis?

stardust80

tomtontom wrote: »

Are you sure it was a WFI and not a WCA? A doctor would not be involved in a WFI. Does he have anyone to help him with his paperwork, with regards to this and on a day to day basis?

Hi, it was definitely a WFI and because he missed it and his excuse wasn't good enough, they stopped his money and told him he had to re-apply as a new claimant, so we did.

I help him in my spare time with paperwork etc... I wrote down his excuse for not attending on the form they sent him. The excuse was that he never recieved a letter for a WFI, which is true (must have got lost in the post) but they didn't believe it, stopped his money and told him he had to re-apply with a new sick note from his gp.

nannytone_2

they wouldnt stop ESA for non attendance of a WFI.
the worst that could happen is that his benefit would be sanctioned ... and that is the WRAG componant and not the whole benefit

stardust80

nannytone wrote: »

they wouldnt stop ESA for non attendance of a WFI.
the worst that could happen is that his benefit would be sanctioned ... and that is the WRAG componant and not the whole benefit

But they have done. I'm his son and the only family member who helps him, looks after him.

What can we do now? I phone them up and they say his claim is still processing.

My dad can't fill in forms because of his sickness, has extremely bad memory. I have to, and they have completely stopped his esa because he didn't attend a WFI.

nannytone_2

you need to dig the letters out and tell us what they say.
i am not disputing what you are saying, but it doesnt make any sense.
if they stopped his benefit because of failing to appear for a wfi ( which they shouldnt have) why didnt you appeal this decision?

pmlindyloo

According to this the ESA will not be reinstated until he has attended a WFI plus he will have a sanciton.

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1482-employment-and-support-allowance-esa-sanctions


You need to check his bank statements and see if he has received any money at all.

So, it appears that he did not attend a WFI after failure to attend the original one and that is why they said he needs to put in a new claim.

What I don't understand is why he is not receiving the assessment rate of ESA if he has started a new claim. Has the ESA form been completed?

Do have a look at all the letters he has received and also find out if he has received any money at all.

Something seems wrong here.

He could take all his paperwork and bank statements to CAB and ask them to phone and find exactly what is happening.

Robbie64

pmlindyloo wrote: »

According to this the ESA will not be reinstated until he has attended a WFI plus he will have a sanciton.

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1482-employment-and-support-allowance-esa-sanctions


You need to check his bank statements and see if he has received any money at all.

So, it appears that he did not attend a WFI after failure to attend the original one and that is why they said he needs to put in a new claim.

What I don't understand is why he is not receiving the assessment rate of ESA if he has started a new claim. Has the ESA form been completed?

Do have a look at all the letters he has received and also find out if he has received any money at all.

Something seems wrong here.

He could take all his paperwork and bank statements to CAB and ask them to phone and find exactly what is happening.

The sanction should be the loss of the Personal Allowance part of ESA but the Work Related Activity Component should remain in payment even if the person continues to refuse or is unable to attend a WFI. The whole of the payment should not be stopped and a new claim is not necessary.

I would advise the OP to contact the CAB urgently.

jdaraf

Best advice is to go to your Member of Parliament who has direct numbers to contact DWP head offices and raise your father's case as a matter of urgency. Make sure you tell your MP (especially if they are the Government in Power) you are thinking of taking his case to the press they hate the bad publicity of cases such as this.


I would also contact Mind for support and free legal advice see their website for numbers.

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My father has dementia and had his benefit stopped completely from the 4th March because he missed a work focus interview, and his excuse for missing the interview wasn't good enough and hasn't recieved a penny since.

He had to re-apply for ESA as a new claim, even though he's been on long term. 10 years+.

When we phone the jobcentre and dwp, they just say his claim is still processing and when the doctor gets to read his file or some thing then they will get back to us. But how long will this take? He's had no money for 5 months now.

Please help someone.[/QUOTE]

TELLIT01

I agree about the MP route. A friend of mine was battling for months after info he took into the Jobcentre was lost and denials that it had ever been received. He contacted his local MP and surprise, surprise everything was resolved in under a month.
If you father has re-applied within 6 months of a disallowance, with the same incapacity, he will be required to attend a WCA (not WFI) before a decision on entitlement can be made.

carlislelass

why is someone with dementia classed as fit for work or am I missing something?