ESA refused, appeal denied. I don't understand

LanaK

Hi,
I just got my appeal decision letter and do not understand why it was denied.

I made a claim for ESA in April that went wrong in lots of ways.

My Husband was arrested for domestic violence against me and forcibly removed from my home by the police. The very next day I notified tax credits of the change and they closed my claim which was a joint claim with my husband. He worked I was on contributions based ESA. The Esa team stopped my claim and told me to apply for income based ESA which I did. I posted my fit note from my GP to them one week later. They never received it and I did not find that out until July as my husband deliberately had all my post redirected to his new address and just burnt all letters for me.

I was advised to make another new claim get duplicate fit notes covering the entire period and ask for it to be backdated as the job centre never contacted me.

I did all these things. Then my claim was denied statjng simply the law says you are not entitled to ESA. This confused me so I called the contact centre who told me that they had written to me to request more information but received no reply they say they wrote to me twice. I did not receive either letter. Then they stated that as tax credits were in payment they had declined my request but did note thatthere was no record of me being employed. I explained what had happened and asked to appeal the decision as I had spoked to tax credits who confirmed to me that my claim with them was closed and clearly marked as so.

The letter declining my appeal states about the tax credits and the requests for more information which I never received and states they maintained the denied claim based on tax credits being in payment and my not returning the information requested within three months.

I have never received these letters so can not reply to them as I do not know what was requested. It took more than three months as I did not find out things had gone wrong until September 3rd. No benefit of any kind has been paid to me since April 13th 2015 and my bank statements prove it. They told me to make yet another new claim or request a tribunal review of the decision.

I can PROVE I have not had any tax credits and even if they are saying they can't backdate to April as required how can they uphold a decision based on something I can prove did not happen?

I am in a really bad situation because of this. My power is about to be shut off as is my phone and Internet access. I can not afford to eat family was helping but can not maintain that with Christmas on the way. What are my options here?

cloudydays

LanaK wrote: »

Hi,
I just got my appeal decision letter and do not understand why it was denied.

I made a claim for ESA in April that went wrong in lots of ways.

My Husband was arrested for domestic violence against me and forcibly removed from my home by the police. The very next day I notified tax credits of the change and they closed my claim which was a joint claim with my husband. He worked I was on contributions based ESA. The Esa team stopped my claim and told me to apply for income based ESA which I did. I posted my fit note from my GP to them one week later. They never received it and I did not find that out until July as my husband deliberately had all my post redirected to his new address and just burnt all letters for me.

I was advised to make another new claim get duplicate fit notes covering the entire period and ask for it to be backdated as the job centre never contacted me.

I did all these things. Then my claim was denied statjng simply the law says you are not entitled to ESA. This confused me so I called the contact centre who told me that they had written to me to request more information but received no reply they say they wrote to me twice. I did not receive either letter. Then they stated that as tax credits were in payment they had declined my request but did note thatthere was no record of me being employed. I explained what had happened and asked to appeal the decision as I had spoked to tax credits who confirmed to me that my claim with them was closed and clearly marked as so.

The letter declining my appeal states about the tax credits and the requests for more information which I never received and states they maintained the denied claim based on tax credits being in payment and my not returning the information requested within three months.

I have never received these letters so can not reply to them as I do not know what was requested. It took more than three months as I did not find out things had gone wrong until September 3rd. No benefit of any kind has been paid to me since April 13th 2015 and my bank statements prove it. They told me to make yet another new claim or request a tribunal review of the decision.

I can PROVE I have not had any tax credits and even if they are saying they can't backdate to April as required how can they uphold a decision based on something I can prove did not happen?

I am in a really bad situation because of this. My power is about to be shut off as is my phone and Internet access. I can not afford to eat family was helping but can not maintain that with Christmas on the way. What are my options here?

If you have never been employed, you will not be eligible for Contribution based ESA or for Working Tax credits as a single claimant . However you will be entitled to income based ESA and you must do as you were advised. Phone up again to make a new claim and explain your situation.