Currently waiting for a call from the DWP to tell me i've failed my WCA - Next Step ?

jasonwatkins

As per the title, i got a text about 45 minutes ago saying that they would ring me within 3 hours to tell me the results of the WCA I had just a shade over 6 weeks ago.

Obviously there's a good chance they'll ring before anyone has a chance to reply though

I'm absolutely expecting a fail because i've failed the two i've had previously and had to appeal both times - I won both appeals as well, but I'm dreading having to go through all of this again, especially since the advent of UC and the fact that i'm in a full UC area.

I had a couple of questions ..

1. Will my ESA be stopped immediately ?. To the best of my understanding, the ESA payment is usually sent out by the DWP on the Friday the week before, so for my next payment due on the 4th of March, I do believe the payment will be sent tomorrow unless it's stopped.
2. i obviously have to request a mandatory reconsideration, but will this be done over the phone or will they send forms to fill out?
3. I remember reading somewhere last year that if you fail your WCA you can re-instate your ESA on assessment rate and that this can often be done in time so that you don't miss any payments.

Is this still the case ?. I know i'll need to go back to my GP for a fit note, but that shouldn't be a problem.

If there are any links available as to the next steps then i'll gladly have a look. I'm googling now for information while i await the inevitable, but thanks in advance

poppy12345

If you're found fit for work then your ESA will stop straight away. You'll be paid what you're owed up until the date it stopped.



Are you claiming Income related ESA or Contributions based? If it's income related and you claim UC then you won't be able to go back onto assessment rate of ESA.


Assessment rate isn't paid while waiting for the MR decision, it's only paid once the Tribunal accept your appeal. If the MR fails and most do then it could be several weeks before you're able to go back onto assessment rate.



DWP don't send the MR form to you. You can either put your request in writing stating what you disagree with and why you think you should be placed into the Support Group, or there's a form that you can download and print online. The form is here, in this link. https://www.turn2us.org.uk/Benefit-guides/Challenging-a-Personal-Independence-Payment-decisi/Ask-for-Mandatory-Reconsideration


If you claim housing benefit then you'll need to contact your local council to ask for a nil income form, if you decide not to claim UC.

jasonwatkins

poppy12345 wrote: »

If you're found fit for work then your ESA will stop straight away. You'll be paid what you're owed up until the date it stopped.



Are you claiming Income related ESA or Contributions based? If it's income related and you claim UC then you won't be able to go back onto assessment rate of ESA.


Assessment rate isn't paid while waiting for the MR decision, it's only paid once the Tribunal accept your appeal. If the MR fails and most do then it could be several weeks before you're able to go back onto assessment rate.



DWP don't send the MR form to you. You can either put your request in writing stating what you disagree with and why you think you should be placed into the Support Group, or there's a form that you can download and print online. The form is here, in this link. https://www.turn2us.org.uk/Benefit-guides/Challenging-a-Personal-Independence-Payment-decisi/Ask-for-Mandatory-Reconsideration


If you claim housing benefit then you'll need to contact your local council to ask for a nil income form, if you decide not to claim UC.

I believe i'm on contributions-based ESA - I get £103.15 a week.

Taking in to account what you've said regarding assessment rate not being paid while awaiting an MR, does this mean I will have to sign on to JSA ?

I assume since we're in a full UC area that won't be an option though, so if I have to apply for UC, would i still be able to apply for an advance loan ?

I just need to know ideally what i'm going to do for money coming in going forward I suppose, especially if the ESA is stopped from today.

Thanks for the reply.

jasonwatkins

Well I just got the call and, in some respects, it's a bigger kick in the teeth than scoring zero points because I scored 12. Obviously 15 is the threshold for continuing on ESA and i fell 3 short ..

She told me I do need to apply for UC and to do it today if i don't want any break in payments and she said the 5 week waiting period doesn't exist any more - is this true ?

And should I really apply for UC if i'm going to appeal ?. I asked her for the MR forms and she's going to send them.

WhenIam64

And should I really apply for UC if i'm going to appeal ?

Can you survive financially that long? There is a long wait for decisions.

pmlindyloo

jasonwatkins wrote: »

Well I just got the call and, in some respects, it's a bigger kick in the teeth than scoring zero points because I scored 12. Obviously 15 is the threshold for continuing on ESA and i fell 3 short ..

She told me I do need to apply for UC and to do it today if i don't want any break in payments and she said the 5 week waiting period doesn't exist any more - is this true ?

And should I really apply for UC if i'm going to appeal ?. I asked her for the MR forms and she's going to send them.

If you don't want a break in your payments then you do need to apply for UC.

But you do not have to apply for UC if you have savings/financial support that will get you through the period from your last ESA payment until your tribunal appeal is accepted (presuming the decision is not changed at MR)

Your HB and CT reduction will stop when your ESA stops so it is important, if you decide not to claim UC, to contact your council and say that you are appealing your ESA decision and are not claiming UC and wish to be assessed on nil income.

The length of time it takes for a MR does vary from place to place - some are very quick, others are not.

It really depends on your financial situation.

Of course you could claim UC. Put your details into a benefit calculator https://www.entitledto.co.uk to see what you would get under UC.

There is still a 5 week waiting period for UC but you can get an advance almost immediately and then this is paid back over the year.

Some useful information - click on end link about what you can claim during the MR as well

https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

What happened with your PIP application?

By the way, you should be receiving £102.15 a week ESA (perhaps a typing error?)
Personal allowance =£73.10
WRAG component = £29.05

jasonwatkins

Thankyou very much for both replies. Can't do a proper reply at the moment as I'm on a bus to my local CAB to glean more information.

I definitely can't survive financially going forward so it does look like Universal Credit will be my only option. I'll very likely have to apply for the advance as well if that's the case.

With regards to my PiP claim, I got the notification that my request for a reconsideration had been received and that they would get back to me so I'm just waiting for that.

Thanks again. I think the fog has lifted somewhat and I'm thinking a little clearer now. Not much, but a little bit !

poppy12345

jasonwatkins wrote: »

I believe i'm on contributions-based ESA - I get £103.15 a week.

This is WRAG amount so you would be claiming Income related, not contributions based. CB ESA is only paid for 365 days unless you're placed into the Support Group.

WhenIam64

If you are going to take this all the way MR/Tribunal, then check out this lot to see if they operate in your area. You'll get a newbie but it may be better than doing it yourself.

http://www.thefru.org.uk/social-security-advice

Ask if you are in the CAB if they can refer.

dreamylittledream

jasonwatkins wrote: »

Well I just got the call and, in some respects, it's a bigger kick in the teeth than scoring zero points because I scored 12. Obviously 15 is the threshold for continuing on ESA and i fell 3 short ..

She told me I do need to apply for UC and to do it today if i don't want any break in payments and she said the 5 week waiting period doesn't exist any more - is this true ?

And should I really apply for UC if i'm going to appeal ?. I asked her for the MR forms and she's going to send them.

If you can possibly survive a 5-7 week period without income then I would strongly recommend NOT claiming UC and going through the mandatory reconsideration process and lodging your appeal asap.

Your money will be backdated from the date it stopped once an appeal has been lodged so its just a case of surviving/borrowing until that point...

You don't need a form to request MR - it can be done over the phone - tomorrow in fact. DWP have a 10 working day timescale to complete it and currently working well within this.

12 points is a precipice case - it only take either one linked descriptor or a higher scoring descriptor to be awarded so with some additional evidence it has a good chance of being changed at MR stage.

But on the other hand in terms of getting ESA at appeal rate back in payment as quickly as possible, a phone MR request stating you consider the decision maker didn't take sufficient account of how you health condition effects you and grounds of appeal similar could get benefit back in payment within a month - but you'll then have to wait 9 months plus for a Tribunal hearing to get a final outcome...

poppy12345

If you don't claim UC and your ESA MR decision remains the same, you'll need sick/fit notes back dated to the date you were found fit for work to claim the back dated money, once the Tribunal accept your appeal.