ESA - MR help

calcotti

tazwhoever wrote: »

Under UC, it seems like a crime to be ill and disabled!

I do not wish to defend the DWP performance on administering UC rollout but I think that!!!8217;s actually a bit harsh. The processes for assessing ability to work are the same as under ESA, they contain the same flaws but are no worse. However there are procedural issues to do with the claim process which is insensitive to the needs of the ill or disabled. The whole benefits system makes it hard work for the ill and disabled to claim their entitlement (particularly the mentally ill) but UC is not much different in this regard to the rest of the system.

poppy12345

calcotti wrote: »

Found this http://www.cpag.org.uk/content/esa-uc. See end of sixth paragraph.

The last part of the paragraph states this... But a claimant getting old-style contributory ESA can still top this up with income-related ESA, rather than UC: the addition of income-related ESA would be by way of a supersession rather than a new claim for ESA.


In the OPs case it wouldn't be a top up of Income Related, it would be a change from CB to IR because their CB will have ended after 365 days unless placed back into the Support Group. A change to IR is not the same as a top up.

calcotti

poppy12345 wrote: »

In the OPs case it wouldn't be a top up of Income Related, it would be a change from CB to IR because their CB will have ended after 365 days unless placed back into the Support Group. A change to IR is not the same as a top up.

I realize the circumstances are slightly different but I believe the legal context of them being the same claim is the same. At the moment the only reason the OP is not paid income based ESA is because he is being paid Contribution based. However he has an entitlement to ESA. ESA (old style) is one benefit with two elements. When the contribution based payment entitlement ends the claim can continue as income based or a credits only claim.

See start of fist paragraph in italics of the following http://www.cpag.org.uk/sites/default/files/uploads/JR12492018-00.pdf

However if the OP wants a definitive answer as to how the DWP will deal with it they should ring the DWP.

Jerico9

Hi sorry to butt in however I have a similar issue.

I was on ESA from may 2015. In January 2017 I was sent to prison so my ESA was stopped. I came out in may 2017 and signed up to UC.
My work capability assessment was on the 16th of September, I was awarded the Limited Capability for Work and Work Related Activities.
I didn't think I would have due to my communication skills are poor due to my depression and the assessor was very short with me. However I was awarded it, in January I received another appointment for an assessment. I called up and was advised I was only awarded 6 months. I said, it had only been 3 months. I had to attend which I did, however at the time my condition had worsened 10 fold. Without getting in to too much, I was self harming and suicidal tendencies.
At the assessment, I had a long discussion with the assessor who seemed concerned when I showed her my arms and legs and told her about my previous failed attempts to take my own life. She actually made me feel really calm.
The date was the 2nd of February.
Over the past month I have been arguing with my case worker whatever they are called. This is due to a fine being returned to UC and me not receiving it back. I was told it could take up to 4 weeks. I stressed I needed it £90. I kept being brushed off with excuses. Then all of a sudden, I get a letter on my journal saying fat I have had a decision and they have now took off the Limited Capability for Work and Work Related Activities.
I didn't understand what this meant so I asked and was told I'll lose 328 a month.
I have no idea what I'm doing. I don't know how they could come up with that decision 7 months later when as I said, my condition was 10 fold worse by the time I had that assessment.
I don't know what to do, where to turn too. My mental health hasn't been great but now I'm totally panicking. I feel like they've done this because I've questioned their actions with me trying to get my money back.
Like I said, I don't understand anything, I don't know what to do, or where I go for help. I'm recluse most the time. I go out once maybe twice a week on a good week.
Any help would be very much appreciated

Thanks for reading

calcotti

You need to ask the DWP to look at the decision again. See here https://www.citizensadvice.org.uk/benefits/universal-credit/problems-with-your-payment/challenging-a-universal-credit-decision-mandatory-consideration/

NeilCr

Could you get to/contact your local CAB for advice and support? They should be able to help you with the mandatory reconsideration mentioned in calcotti's post and what you can do and be entitled to going forward.

Do be aware you only have 4 weeks to get the MR in.

tazwhoever

1) Does IR ESA wrag have reassessment every year (or in UC)?

2) Thinking of sending supportive letters from therapists, should it be addressed to me or ESA people?

Thanks

Jerico9

Thanks for the replies. I have added a note to my journal requesting a mandatory reconsideration. Also my reasons behind this. I know that isn't the place to express my concerns, well disgusted. Questions how I was awarded I then taken off it based on my 2nd assessment when I was much much worse also that this decision has now caused me more mental stress.
Anyways, thank you so much for taking the time out of your day to help. Thanks

tazwhoever

Any answers to #29?

Thanks

poppy12345

tazwhoever wrote: »

1) Does IR ESA wrag have reassessment every year (or in UC)?

2) Thinking of sending supportive letters from therapists, should it be addressed to me or ESA people?

Thanks

They can re-assess you at anytime, for both.


It's your choice.