ESA Appeal?

Roundhay23

Is it possible to ask for a mandatory reconsideration of a decision to stop New Style ESA in February this year?. I understand that an MR should be submitted within one month of the decision letter. Instead of doing this my relative claimed New Style JSA but after 6 months this stopped. She has been told that in January 2010 she will be able to make another claim for New Style JSA and will be paid for another 6 months before it stops again.

My relative has been told that she could submit a late MR for her ESA but that as she cannot give a good reason why she didn't do this earlier it will be rejected and that she cannot go on to appeal. However someone else has told her that she can go to appeal.

She can't claim Universal Credit as her partner's income is too high.

pmlindyloo

Roundhay23 wrote: »

Is it possible to ask for a mandatory reconsideration of a decision to stop New Style ESA in February this year?. I understand that an MR should be submitted within one month of the decision letter. Instead of doing this my relative claimed New Style JSA but after 6 months this stopped. She has been told that in January 2010 she will be able to make another claim for New Style JSA and will be paid for another 6 months before it stops again.

My relative has been told that she could submit a late MR for her ESA but that as she cannot give a good reason why she didn't do this earlier it will be rejected and that she cannot go on to appeal. However someone else has told her that she can go to appeal.

She can't claim Universal Credit as her partner's income is too high.

See bolded highlight - I think you mean January 2020.

You can do a late MR for ESA for up to 13 months but, as you have said, you usually need a good reason.

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

Without knowing your relative's circumstances and disability then it hard for anyone to judge whether this late MR would be accepted.

If the late MR is not accepted then you can appeal that decision.

In a way, whether to put in a late MR is a decision that your relative has to make.

Has their condition deteriorated? Could they put in another claim for new style ESA? This might be possible as it appears that she can claim new style JSA again in 2020.

It might be worth getting some advice/support from Citizens Advice /welfare advisor with making the decision.

How has your relative coped with meeting job seeking requirements whilst receiving new style JSA?

calcotti

Depending on the history she may also be able to apply for new style ESA again in January 2020.

As pmlindyloo says the advice that she cannot appeal a decision if the DWP refuse to consider an MR is wrong.

Roundhay23

Thanks for this. Sorry I meant 2020 not 2010. I hadn't thought about her being able to claim New Style ESA again in January 2020. This may be a better option for her than claiming New Style JSA as her health has deteriorated since she originally claimed ESA. She coped with the job seeking requirement of JSA OK but she feels that at 63 she is going to struggle to find work again.

calcotti

She may be able to claim new style ESA again now. However as explained there is no financial gain from doing this if the UC already received is more than the maximum amount ESA could be (£111.65/week = £483.82/month).
Get GP Fit Notes and ask for a new WCA under UC on the grounds that health has deteriorated since the last WCA was carried out.

Roundhay23

Thanks for this. She hasn't claimed UC as her partner's income is too high for them to be entitled to anything. Although her partner is supportive she doesn't like having to rely entirely on him for money.

calcotti

Roundhay23 wrote: »

Thanks for this. She hasn't claimed UC as her partner's income is too high for them to be entitled to anything. Although her partner is supportive she doesn't like having to rely entirely on him for money.

Sorry, you said that in your opening post - I got mixed up with another thread!

That being so she could try claiming new style ESA again now but will need to be clear that it is because her health has deteriorated.

Alice_Holt

Why did her ESA stop?

Was it the consequence of a WCA, or had she been in the WRAG group for 12 months?

As pmlindyloo says there is a 13 month absolute appeal deadline.

Roundhay23

Sorry not to reply earlier. She says that this was her first WCA. If she were to wait until January 2020 and claim ESA again I understand that if placed in the Work Related Activity Group she could remain in this for 12 months. If she failed the WCA I assume that she could the claim JSA. Is the time that she claims ESA before the WCA deducted from the 6 month entitlement to JSA? .