Hi an urgent ESA suspension problem can someone point me in the right direction?

bigjl

selfless1 wrote: »

This is a mistake,from Benefits point of view a remand prisoner is someone who is has been convicted but has not received a custodial sentence. He was on remand and then was RELEASED WITHOUT A CUSTODIAL SENTENCE. Hence a remand prisoner, he is free now!

You are wrong.

He was held on remand.

Went to court and the court sentenced him to a suspended sentence.

Which makes him a convicted criminal.

If he gets into trouble he can still be sent to Prison to complete the term of his sentence that was suspended.

Regardless of his legal issues he still has a right to the benefits that he is entitled to.

Diary

selfless1 wrote: »

Hello I hope you can help - I have someone who is a decent human being but has been put is a difficult situation. Someone else was helping him before but I’ve been called on-board as the other person hasn't got the time. He has been on ESA for a long time, He suffers from severe social anxiety, depression, body image issues and also post-traumatic stress due to many issues; most of which are childhood-related, whereas the traumatic stress (I believe) was relatively recent (5 years ago) due a severe facial injury that required intense facial- reconstruction; (were talking hours of surgery and many surgeons)

He has been on a continual downward spiral since as he has no support network and his heavy drinking with which he has used to cope with his social anxiety! This has now culminated with him having a psychotic episode a few weeks ago that resulted him being imprisoned for 6 weeks on remand. He received a suspended sentence plus counseling for drink. No one was hurt, though I’m assuming the experience hasn’t been pleasant for anyone that was involved. I cannot stress enough that the person Is decent human being that hasn’t had the help he’s needed for years.

His ESA was such that even wrote him off (never needed a tribunal etc) but since coming out of prison he has found that his ESA has been stopped. Im assuming it was because we went to prison the last amount paid into his account was june6th! and nothing after this. He doesn’t have the skills to get it reactivated on his own! I have done some homework, and found that he is classed (still) as a remand prisoner as just being locked up from June 6 to approx 5-6 later! I believe from my own research (limited) that.....

1 There is a 12 week period within which the EAS can be re-activated / or linked) is this correct?

2 and that this means that there is not major/ substantial extra information needed to be sent to the dwp? And that it is merely a case filling in a new form and re-activating the claim?

3 However he hasn’t been in proper contact with a DR due to him slipping off the radar in terms of doctors notes (he hasn’t needed them for over three years, so you can imagine that someone who suffers from such conditions has simply let things continue!) will he need one now?

4 Or is it simply a case of filling in the correct forms etc? He has no money since coming out of prison- his rent was paid by housing benefit but the short-fall which was made up by himself with the ESA which obviously means the current situation is-not sustainable

5 he will not need to see Atos, surely if it is simply the case of linking the claim?

In conclusion I’m unsure which type of ESA he was on but I’m sure it falls within the category of not needed to attend any support group. He hasn’t needed to supply an updated Dr’s note to Atos or the dwp. I have not phoned the ESA yet on his behalf as I’m not sure if I’m up to the task. But the idea is I would like to get the ESA up and running the way it was before, but obviously to try and get him some type of support group as well. Can anyone help? As the 12 week cut off period is looming? Thanks

ATOS haven't been allowed to do ESA assessments for quite a long time.

Not particularly relevant but you need to know all the facts if advising someone.