ESA successful reconsideration but still lose

arles417

In September I had an ESA health assessment (second year) and was at that time in the support group and receiving the severe disability premium too. At the start of December I was informed that I was fit for work and had lost my benefits. Ironic thing is that my health deteriorated really quite badly last year but it seemed the health assessor and decision maker had just ignored my symptoms and evidence. I completed the mandatory reconsideration pointing out the salient facts and to my shock was contacted last week with the news that they had fully reversed their decision and put me back in the support group. I was obviously relieved about this as I was in a bit of a state.
Unfortunately in December I followed their own guidance (in the decision letter) and made a claim with universal credit.
I have just been informed by the ESA people that as I had made a claim with UC I will be staying with UC on their rates and also informed that I won't be entitled to the severe disability premium as UC doesn't do it.
So even though it was decided that I did qualify for the benefits, I am to still be penalised!

Any advice would be appreciated (sorry for the chapter and verse)

tomtom256

Do a journal message and ask if it can be instated, they are in the process of trying to implement something for these cases.

There is a specialist team setup to look into these cases.

calcotti

Legislation was introduced last week that would have prevented you being able to claim UC. Unfortunately it has come too late for you. I don’t think you can now get back to ESA. However it is possible that further legislation will follow later in the year which may provide compensation for people such as yourself who have already lost out. Discussion to date has focused primarily on those who are required to move to UC in the future (managed migration), the situation for people who have lost out due to a change of circumstances is I think is less clear. There are two relevant court cases coming up http://www.cpag.org.uk/content/universal-credit-disability-and-transitional-protection

poppy12345

You won't be able to go back onto ESA because you've claimed UC. Sometimes it's not always a good idea to listen to what DWP tell you and you should always get further advice before doing anything.



See link and scroll to full service areas.
http://www.cpag.org.uk/content/esa-uc

arles417

I must admit that I was incredibly panicked and had contacted the CAB but with xmas coming up there was nobody who could speak with me until the middle of January. I had to do the mandatory consideration before then plus I really didnt think I would be successful in the MR.

poppy12345

If the MR had not been successful then once the Tribunal accepted your appeal you could have gone back onto assessment rate of ESA. However, all this is too late now i'm afraid.



Hopefully the further legislation will follow as advised in post #3 from calcotti and you'll receive some extra money.

Icequeen99

calcotti wrote: »

Legislation was introduced last week that would have prevented you being able to claim UC. Unfortunately it has come too late for you. I don’t think you can now get back to ESA. However it is possible that further legislation will follow later in the year which may provide compensation for people such as yourself who have already lost out. Discussion to date has focused primarily on those who are required to move to UC in the future (managed migration), the situation for people who have lost out due to a change of circumstances is I think is less clear. There are two relevant court cases coming up http://www.cpag.org.uk/content/universal-credit-disability-and-transitional-protection

There is legislation already (although not yet passed) but the draft managed migration regs contain provisions that provide compensation to people in the OP's situation.

IQ

Alice_Holt

arles417 wrote: »

Unfortunately in December I followed their own guidance (in the decision letter) and made a claim with universal credit.
I have just been informed by the ESA people that as I had made a claim with UC I will be staying with UC on their rates and also informed that I won't be entitled to the severe disability premium as UC doesn't do it.
So even though it was decided that I did qualify for the benefits, I am to still be penalised

However, you will now be eligible for the UC £328pm additional element of the LCWRA. The SG decision should be honoured in your UC award, and you should be placed in the same equivalent group (which is LCWRA).
If DWP staff have not informed you of this, it is another shockingly poor response from them.

Put details of the MR notice on your journal, tell your work coach, and ring UC.
The system is so poor that there is a manual intervention needed between ESA and UC staff to effect this additional payment, so it will take a while.
Keep pestering them!

I would definitely contact your MP about the loss of your SDP (and the incorrect advice about having to claim UC), I would also write to the DWP to ask about their intention (following the high court case) to provide compensation for people in your situation (so you are on their radar) .

I think (but am not sure) that the LCWRA element should be backdated. I suggest you check this with your local CAB / advice agency. Don't take as gospel what you are told by badly trained DWP employees.

tazwhoever

Sometimes organisation tell you what to do.

I personally email here as there are few people with excellent knowledge, who give you unbiased advice before filling in DWP papers.

Also it is very important, you copy everything you send and use special delivery.

In December I got form for part time for my partner, in January same form!!!

I returned both on time but it shows some people at DWP overlook people's claim.

tomtom256

tazwhoever wrote: »

Sometimes organisation tell you what to do.

I personally email here as there are few people with excellent knowledge, who give you unbiased advice before filling in DWP papers.

Also it is very important, you copy everything you send and use special delivery.

In December I got form for part time for my partner, in January same form!!!

I returned both on time but it shows some people at DWP overlook people's claim.

Special delivery is your problem, it actually takes longer to get to the mail handling site this way and often goes missing because the mail handling sites are not setup for this type of mail.

calcotti

Icequeen99 wrote: »

There is legislation already (although not yet passed) but the draft managed migration regs contain provisions that provide compensation to people in the OP's situation.
IQ

This is spot on - i’ve glanced at the draft regulations today and although called Managed Migration regulations they do appear to include provisions for compensating those who have naturally migrated. I need to read them through more slowly.

What is not known is when the regulations will be introduced and when the compensation exercise will begin. Also not clear when this is going to another case of DWP going back over all previous claims or whether claimants will have to initiate a request for compensation.

http://www.legislation.gov.uk/ukdsi/2018/9780111174265
See Schedule 2 paras 2 to 5