I think my ESA was stopped

Ames

Even if they sent the letter on 5th May the date on it could be before then. Be careful with the dates so you don't miss the deadline.

I agree with Alice, waiting as long as possible for the MR isn't a good idea. It's highly unlikely the decision will be changed, so you're just delaying the point at which you can get ESA paid again.

It will take months to get an appeal date so you'll have plenty of time to get evidence for it.

If you can afford to hang in until the appeal is lodged and you get payments again then I'd do that. UC doesn't have the premiums that ESA has, and it's so new that there are lots of teething problems being ironed out. I think it would be far more stressful than not claiming for a few weeks.

Alice_Holt

Ames wrote: »

If you can afford to hang in until the appeal is lodged and you get payments again then I'd do that. UC doesn't have the premiums that ESA has, and it's so new that there are lots of teething problems being ironed out. I think it would be far more stressful than not claiming for a few weeks.

Absolutely.
Indeed, often ESA payments are resumed more quickly than UC payments start (if the MR is submitted asap).

I asked the question about PIP because of the £62pw Severe Disability Premium payable in some circumstance with ESA which is not available with UC.
OP - could you let us know about your other benefits please.

If you receive HB - have you completed a nil income form? (post 15)

Sarah1212

Alice_Holt wrote: »

A) As stated in my earlier posts (8 @ 15) ESA can be resumed once the appeal is underway. As pmlindyloo states at post 17, you will need to supply a fit note.
If you have got the MR in, and ring DWP to ensure it's being looked at, it is likely to take less time than the 5 week UC waiting time (assuming the UC claim goes smoothly). Once you apply for UC any other means-tested benefits (such as HB) will also stop.

Yes this is correct. You will receive both ongoing and backpayments of ESA once the appeal is lodged with the Tribunal Service. ESA regulations 30(2)(a) & (3). ESA Regs 2013, reg 26 (2)(a) & (3) apply - see my earlier post.

C) This is not a good idea. Get the MR in asap. I outlined the reasons why in my earlier post, and linked to a CPAG article. Did you read that article?
Please do not delay. You will have plenty of time to prepare your appeal. The Tribunal Service has long backlogs due to the volume of appeals. It will be months before your hearing, during this period you can continue to receive ESA at the assessment rate if you supply fit notes.

You are right - if you claim UC you will be expected to job search, as you are coming into UC, with an ESA ruling that you are fit for work. Could you get to interviews / see you job coach etc or would you risk being sanctioned?

Did you look at the appeal guides I linked to?
These should help show you what you need to do.

Please start by putting in the MR - again my earlier post gave you details on this. See your GP, get a fit note (back dated to the date ESA stopped), ask your GP if they could support your appeal.

I would suggest visiting your CAB and talking face to face with an adviser. Explain you are vulnerable, and be politely persistent. The length of time an appeal takes will mean they should be able to fit you in.

Remind me - what other benefits are you receiving?
PIP?
HB?
Council Tax support?

Alice_Holt wrote: »

Absolutely.
Indeed, often ESA payments are resumed more quickly than UC payments start (if the MR is submitted asap).

I asked the question about PIP because of the £62pw Severe Disability Premium payable in some circumstance with ESA which is not available with UC.
OP - could you let us know about your other benefits please.

If you receive HB - have you completed a nil income form? (post 15)

Sorry I didn't read most the links but I did read the posts. I was hoping I'd be able to find someone to help with it because there's just so much and its really overwhelming. A lot has happened this week so I might have forgotten some of the things you wrote earlier so I'll re-read them and try look through some of the links. I ended up going into hospital for a short period earlier this week.. Everything became really overwhelming and when I wasn't able to find any help with the ESA I had a little bit of a breakdown but feeling better now

I never applied for PIP because I didn't think I could deal with another assessment thing. The ESA one caused enough stress the first time around even when it went fine and I was put in the support group. The money from ESA was enough for me to live on so I just decided not to bother with PIP to save the added stress and anxiety.

I do get housing benefit and council tax benefit but I guess that will have stopped now. I didn't fill in the non income form so I guess that's something I need to do.

Sarah1212

Ames wrote: »

Even if they sent the letter on 5th May the date on it could be before then. Be careful with the dates so you don't miss the deadline.

I agree with Alice, waiting as long as possible for the MR isn't a good idea. It's highly unlikely the decision will be changed, so you're just delaying the point at which you can get ESA paid again.

It will take months to get an appeal date so you'll have plenty of time to get evidence for it.

If you can afford to hang in until the appeal is lodged and you get payments again then I'd do that. UC doesn't have the premiums that ESA has, and it's so new that there are lots of teething problems being ironed out. I think it would be far more stressful than not claiming for a few weeks.

Thank you for the info. I'm going to try see if I can find somewhere that can help first though because if I can sort it out during the mandatory reconsideration instead of going to appeal it'd be much less stressful, but if I don't find any help by the end of next week then I'll phone and ask for the mandatory reconsideration and then hope I can sort something out in the time up until the appeal.

Alice_Holt

Sarah1212 wrote: »

I do get housing benefit and council tax benefit but I guess that will have stopped now. I didn't fill in the non income form so I guess that's something I need to do.

So, that's really important to do. Else you will be building up rent arrears.

Glad you are feeling better.
It's worth looking at all the links.

Good luck with dealing with this - take it one step at a time, and follow the appeal guides.

Are you in social housing? Do you have a Housing Officer?
Tell them what has happened. Sometimes they can refer you to an advice agency.

Sarah1212

Alice_Holt wrote: »

So, that's really important to do. Else you will be building up rent arrears.

Ok thank you. I'll try call the council to ask for the form.

Ames

Sarah1212 wrote: »

Thank you for the info. I'm going to try see if I can find somewhere that can help first though because if I can sort it out during the mandatory reconsideration instead of going to appeal it'd be much less stressful, but if I don't find any help by the end of next week then I'll phone and ask for the mandatory reconsideration and then hope I can sort something out in the time up until the appeal.

It might be less stressful, but it's highly unlikely to happen. Almost no decisions are overturned at mandatory reconsideration level, especially when you scored 0 points. Please don't pin your hopes on this, as it'll be harder for you to deal with when it's rejected.

I think you need to prepare yourself for going to appeal. Although it would probably be less stressful than you expect.

poppy12345

Sarah1212 wrote: »

Thank you for the info. I'm going to try see if I can find somewhere that can help first though because if I can sort it out during the mandatory reconsideration instead of going to appeal it'd be much less stressful, but if I don't find any help by the end of next week then I'll phone and ask for the mandatory reconsideration and then hope I can sort something out in the time up until the appeal.

Only 20% of MR decisions are successful, so please don't pin your hopes on the MR being successful. I agree with the others, concentrate on the Tribunal because you may find yourself getting this far. Good luck.