ESA claim

poppy12345

missie1990 said:

If you were turned down because of the medical form you sent in then they can't do that without a face to face medical if there isn't enough evidence to assess you in paper .

OP states here that they only returned the WCA form at beginning of March, so no assessment has even taken place yet. As they are claiming New style ESA it's only paid for 365 days unless placed into the Support Group.

adviceforeveryone said:

 I only received the medical form in Feb this year which i filled in and sent back beginning on March. I have not heard anything back so far, just a letter saying ESA was stopping due to it being 1 year.. it was contribution based .

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calcotti said:

Obviously you should have been sent the medical questionnaire when you first applied so DWP have been at fault for not sending it for so long. No harm in chasing but they will probably just tell you it is now with the assessor.

Not correct,  The initial ESA50 medical questionaire is sent out by HAAS (not DWP) when they get around to it.  HAAS will deal with all the claimants that came before you first then they will deal with you.  

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Alice_Holt said:

I'm just wondering if it would be possible for the OP to reapply for nsESA this benefit year, using NI contributions records in the 2019/20, and 2018/19 tax years.
With a 12 week break between this claim ending and a new nsESA claim (so that the application is not linked to the original).
(As OP now unable to work due to disability).
Could this be a possibility ?
  2019/20, and 2018/19 tax years.

Yes, this is the only way OP can get paid again unless they have the medical and get a Support Group decision within the next 12 weeks.  I was just about to tell OP this.  I still will. 

calcotti

xxxxxxxx said:

calcotti said:

Obviously you should have been sent the medical questionnaire when you first applied so DWP have been at fault for not sending it for so long. No harm in chasing but they will probably just tell you it is now with the assessor.

Not correct,  The initial ESA50 medical questionaire is sent out by HAAS (not DWP) when they get around to it.  HAAS will deal with all the claimants that came before you first then they will deal with you.  

You are correct, badly phrased. I should have said DWP are at fault for not instigating the issue of the ESA50.

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adviceforeveryone said:

Hi 
This time last year I claimed ESA ( new type) as I was clinically extremely vulnerable, I only received the medical form in Feb this year which i filled in and sent back beginning on March. I have not heard anything back so far, just a letter saying ESA was stopping due to it being 1 year.. it was contribution based ..im not entitled to income based but due to disability cannot work. So besides PIP payments all i got was the ESA payments. Would you assume that they turned me down after getting the form back or that they just have not got round to dealing with it? 

Thanks in advance

Hi,  

The letter you have received is informing you they will stop paying you contributory benefit because you have had it for 1 year.  Your NSESA claim will remain as NI Credits only as long as you continue to send in your fitnotes - if you have been required to send these in. 

The form you returned goes to HAAS you should phone them to check they received it on 0800 288 8777   Or you can phone ESA and ask them 0800 169 0310  .  HAAS will be quicker to answer the phone.

If you phone HAAS you could also ask if a decision has been made that they want to see you face to face and when that appointment might be.  

Count 12 weeks from the day after your ESA paid you up to.   Your letter probably says "We cannot pay you ESA from xx March 2021" 

You can make a New Claim to ESA New Style from the 13th week - DO NOT backdate the new claim except to the start of the 13th week. 

So if they paid you NSESA  up to and including 24th March 2021 and they cannot pay you ESA from 25th March 2021 
12 weeks from 25th March is 16th June   so your 13th week is from 17th June ...  You can reclaim NSESA from 17th June.  

If you qualify again using the later tax year they will pay you £74 a week again for another year.  

IF you get your medical assessment appointment before June and you get into the WRAG  then you should do the above and make a new claim from the 13th week - because WRAG is only paid for 1 year - but you will get another year if you qualify again from June

IF you get your medical assessment and decision before June and you are given the SG Support Group then there is no need to amake a new claim because SG is paid continuously until your next assessment decision.   

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calcotti said:

You are correct, badly phrased. I should have said DWP are at fault for not instigating the issue of the ESA50.

We don't know if that is what happened.
DWP should have referred the OP to HAAS at the claim outset in April 2020. Maybe DWP did do this and HAAS has taken a year to get around to OP (it is not unheard of and with Covid it could be very likely).  Or maybe DWP did not refer the OP to HAAS until recently because someone at DWP realised they had not done it in April 2020..  it does  happen and maybe this is what happened.