Three months and still no ESA

cathodoer

Back in June i won my ESA tribunal and was put into the support group, but I have still yet to see a single penny. I’m owed at least 60 weeks of backpay, not including the past three months, and despite calling them time and time again we’re just told “it’s still processing.”

After the first regular 8 weeks processing time we were told we had to fill in a form to confirm nothing had changed and not only were we never told this the countless times we called previously but they didn’t even send the thing out to us! I filled and sent it off about 3 weeks ago but still absolutely nothing. Am I going to be waiting the 6-8 weeks processing time again now that the form has been sent? I’m getting extremely agitated and money problems are sending my stress up the wall :sad: I really don’t know what to do. Advice?? Thank you

pmlindyloo

Are you not being paid any ESA at the moment?

My best advice is to either contact CAB and ask them to ring on your behalf and find out what is happening or inform your MP who can also make enquiries.

Both should have the desired effect of putting a boot up................

cathodoer

No, I’m not getting anything at all right now. Thank you, I’ll try giving CAB a call when I can! Hopefully they can do something, I’m definitely overdue my benefits at this point

Alice_Holt

Agree with Pmlindyloo:

1) Contact your MP asap;
2) Get help from the CAB -
https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/;
3) Put in a compliant - https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure;
4) When you ring DWP again - explain that you are vulnerable, very stressed, out of money and ask to be referred to their Safeguarding Unit -
If you were placed in the SG for mental health conditions - emphasis this
http://www.cpag.org.uk/content/safeguarding-guidance-tool-practitioners
"Greenwich Welfare Rights Service has found referring to the safeguarding guidance effective in getting benefits reinstated quickly, sometimes the same day...."
Insist on speaking to a manager, if there is no resolution from the DWP phone person.
Make them aware you have become so desperate that you have contacted your MP for help.

Good luck. That's disgraceful admin by the DWP!

epitome

Did you win the appeal on Reg 35?
It would say on your tribunal decision letter if you did.

Were you initially put in the WRAG or found to have "no LCW"?

If WRAG, then you must be an ESA Conts claim, if so....have you already had 12 months of ESA Conts?

If "No LCW" then you may be ESA Conts or ESA IR,,,,which is it?

Were you getting paid ESA on this claim before...up to when? Why did it stop? If never paid on this claim...why were you never paid?

Did you claim another benefit while you were on appeal? ....which one? and have you closed that claim now? Have you confirmed through *that* benefits helpline that the claim is definately closed?

After answering the above questions on this thread............ here is what you should do next.

Phone ESA and ask....
1. Has my appeal been processed yet? If they say no...

2. Is there a note on my claim records that says "Appeal Allowed in Support Group" ? If not what notes are there from either the Appeals Decision Makers or from the Benefit Centre? If they don't come up with anything.... ...then ask them to look in DMACR to look at the appeal status...does it say "Appeal Allowed" in DMACR? if not, what does it say in the appeal screen?

OK after all the that...
If your appeal has not been processed.....
But there is a note from the Appeals or it says in DMACR that appeal has been allowed.... Then you ask for a call back from the Benefit Centre, Maintenance, WCA department. They should call you within 24 hours, if they do not call within 24 hours then call back and ask for an escalation.

If your appeal has not been processed but they cannot tell you why there is no note and they cannot get any info on your appeal status from DMACR...Then... ask for a Call back from the Appeals Department. They will call in 24 hours...etc etc

IF THEY DO NOT ANSWER THE ABOVE TO YOUR SATISFACTION < THEN ASK FOR A CALL BACK >
IF THEY REFUSE OR TRY TO PUT YOU OFF A CALL BACK FOR ANY REASON...JUST SAY "I INSIST ON A CALL BACK REQUEST" WILL YOU DO THIS FOR ME? IF THEY STILL REFUSE...TAKE THEIR NAME AND OFFICE & .ASK TO SPEAK TO THEIR MANAGER>>> who you also insist on them getting you the call back.

When you have done this come back here & tell me what the person who calls you back says.

cathodoer

Oops, turns out we’ve already called CAB and we have an adviser but apparently there’s nothing more they can do. Sorry, a family member has power of attorney for me and makes calls for me as I can’t because of mental health.

They’re going to call again on friday to see how the claim is going but does anyone have any advice for that call, anything we should say or mention?

Thank you for the replies, I really appreciate the help. Very kind of you all!

KxMx

Honestly I would go straight to MP now.

From your post DWP have had ample time & reminders already.

Alice_Holt

cathodoer wrote: »

They’re going to call again on friday to see how the claim is going but does anyone have any advice for that call, anything we should say or mention?

1) Contact your MP asap;

2) Put in a compliant - https://www.gov.uk/government/organisations/department-for-work-pensions/about/complaints-procedure;

3) When your appointee rings DWP again - they should explain that you are vulnerable, very stressed, out of money and ask to be referred to the DWP Safeguarding Unit -
If you were placed in the SG for mental health conditions - emphasis this
Insist on speaking to a manager, if there is no resolution from the DWP call handler.
Make them aware you have become so desperate that you have contacted your MP for help.

4) Separately request a Subject Access Report
https://www.gov.uk/government/publications/dwp-request-for-personal-information
If no action from the DWP call handler, then make them aware that you have made a complaint and requested a SAR.


Epitome will be able to give you more specific advice if necessary (but have you seen and noted his comments at post 5?).

I am puzzled as to why the CAB say "there’s nothing more they can do". Are you sure there are no additional complications delaying payment?

epitome

Having an appointee (your family member) should not stop you or the C.A.B. from phoning and discussing the claim's current status and requesting answers to the questions I put. You can discuss your claim with ESA, but you cannot make any changes, only your apointee can make changes. but you are not wanting to change anything...so there really should be no problem.

However, the simplest thing is for your appointee (the family member) to call.... as appears to be happening on Friday.

Show your appointee post number 5. Everything they need to know is there. And I will be able to advise further if I get answers to the questions in post 5 and if I am told what happened when ESA are called on Friday.

cathodoer

Thanks for the info, I’ll see if our MP can be contacted but my appointee mentioned that he probably wouldn’t be of much help, but I can see how mentioning him might get it moving faster. I showed this thread to my appointee and the info epitome and Alice have posted though so hopefully that will help!

As far as I know there are no other complications in the claim, they’re just taking their sweet time with it for some reason. Hopefully they’ll let us know a bit more of what’s going on tomorrow.. Otherwise we will make a complaint like you’ve all suggested, nobody should have to wait this long. I’m just lucky to have a roof over my head or Id be in trouble.. I’ll let you all know how it goes, although i don’t have very high hopes at this point!

KxMx

What your MP can do is contact the DWP themselves on your behalf.

As testified on this forum by posters who work/worked at the DWP, this usually has the effect of the referred case going to the top of the pile and the problem being sorted out very quickly indeed.