I think my ESA was stopped

Sarah1212 · 11 May 2018 at 9:46PM

A few weeks ago I had an ESA assessment and I think my benefits have been stopped. I've not got any letter but I logged into my online banking about 30 minutes ago because I wasn't sure if its this monday or the next when my payment was due so wanted to check, and there is a payment from the DWP on Thursday of about £73 when my payments are usually on a monday and about £250 because I was in the support group.

The only thing I can think for receiving a payment that isn't on the schedule and for a much smaller amount is that they failed my on my ESA assessment and now I'm really stressed and cant find out for sure until I can phone them on Monday.

Is the payment I received likely to be a final ESA payment or is there some other plausible reason for it? Also does someone know how I can get help appealing? I struggle with my mental health and feel so overwhelmed with the whole process

Thank you

Edit: So I'm like 99% sure now. I get £254.30 per fortnight. Divide that by 14 = roughly 18.16. The payment I got was 73.66 (/ 18.16 = 4) So I guess that means last Friday (Monday is my payment date) they decided to stop my benefits and so paid me 4 days?

Robbie64 · 11 May 2018 at 10:10PM

Is your fortnightly payment of ESA £254.30? If so I can't work out how a payment of £77 could be calculated. If you do get £254.30 that equals a daily ESA rate of £18.16 or £18.17. What is the exact amount you received yesterday and is the £254.30 the correct amount for your fortnightly ESA?

Also, was your next payment of ESA due Monday 14 or Monday 21? I'm just trying to work something out from that too.

Sarah1212 · 11 May 2018 at 10:13PM

Robbie64 wrote: »

Is your fortnightly payment of ESA £254.30? If so I can't work out how a payment of £77 could be calculated. If you do get £254.30 that equals a daily ESA rate of £18.16 or £18.17. What is the exact amount you received yesterday and is the £254.30 the correct amount for your fortnightly ESA?

Also, was your next payment of ESA due Monday 14 or Monday 21? I'm just trying to work something out from that too.

I typed it incorrectly when I first wrote it then edited it later when I noticed. The fortnightly payment is £254.30 and the payment I received Thursday was £73.66, which I believe would be 4 days of what I'd normally get in 2 weeks, and the next payment is supposed to be Monday 14th

254.30 / 14 = 18.16 (+ a lot of decimals)
73.66 / 18.16 = 4

Alice_Holt · 11 May 2018 at 10:29PM

Your right, you will need to ring the ESA line on Monday to ask them.

If you ESA has been stopped, then you need to ask for a Mandatory Reconsideration.
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

Here is an MR template:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

I would ask for an MR on the phone (if ESA has been stopped), then follow up with the written MR. Keep a copy for yourself.
Ask for their decision letter.

Can your local CAB / advice agency help you with an appeal?

Robbie64 · 11 May 2018 at 10:29PM

It's a little bit more than 4 days payment (admittedly only about a pound more) which seems curious as if it was a "final payment" for 4 days I would have expected it to be £72.64 or £72.68 depending on whether the DWP round up or down the daily rate to £18.16 or £18.17.

I know it's not easy but all you can do is wait until Monday to phone ESA if nothing comes in the post tomorrow. I do believe that ESA stops on the day a negative decision is made on the outcome of a WCA so if this is the case then the decision would have been made last Friday. Any post would also have been held up by a day too because of the Bank Holiday.

Sarah1212 · 11 May 2018 at 10:34PM

I just took another look and I messed up the amount again. My brain isn't working very well tonight. I'm getting really stressed about it. It wont let me post a screenshot because I am a new user. It is £72.66. Sorry for the confusion

Sarah1212 · 11 May 2018 at 10:37PM

Alice_Holt wrote: »

Your right, you will need to ring the ESA line on Monday to ask them.

If you ESA has been stopped, then you need to ask for a Mandatory Reconsideration.
[had to remove the link because i'm a new userl]

Here is an MR template:
]had to remove the links because i'm a new user]
I would ask for an MR on the phone (if ESA has been stopped), then follow up with the written MR. Keep a copy for yourself.
Ask for their decision letter.

Can your local CAB / advice agency help you with an appeal?

Thanks for the info. Do you know if the CAB can help on the phone? I have bad anxiety and would be difficult to get there. I do quite struggle getting help with things since I have no family and friends to help and its so hard to find support over the phone.

Alice_Holt · 11 May 2018 at 11:07PM

Sarah1212 wrote: »

Thanks for the info. Do you know if the CAB can help on the phone? I have bad anxiety and would be difficult to get there. I do quite struggle getting help with things since I have no family and friends to help and its so hard to find support over the phone.

https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

They also have the online advice guide which can help you with the steps needed.

When you phone your local CAB ask if they have a benefits specialist who could help with an appeal (if it is necessary). If they do (and not all do), then see if you can get an appointment with the specialist directly (explain why coming to a drop in session would be difficult for you).
It's worth seeing a specialist because it's possible they may be able to do some of the appeal work for you.

If they don't - these are good online guides:
https://www.advicenow.org.uk/guides/how-win-pip-appeal (deals with PIP, but the process is the same for ESA)
https://www.benefitsandwork.co.uk/ (has an excellent appeal guide on mental health grounds - but membership to access the full guide is c.£20 pa)

If stopped, it is worth getting the MR process done asap - as once your appeal has been lodged with the Tribunal Service you can get your ESA payments restarted.
http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute
https://forums.moneysavingexpert.com/showthread.php?t=5478474

Unfortunately not many decisions are changed at MR stage by the DWP, so it is likely you will need to appeal.
Don't be worried about a tribunal. They are there to review the DWP decision. They will listen to you, they are very fair and thorough.
Most appeals are successful:
https://www.buzzfeed.com/emilydugan/most-dwp-benefits-cases-which-reach-court-are-based-on-bad?utm_term=.viPeB2QqN#.rwewBMQE6

Here are the ESA SG descriptors:
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
http://www.cpag.org.uk/content/making-exception
Reg 35 may well apply.

ESA WRAG descriptors:
http://www.mybenefitsandwork.co.uk/med2/indexxx.php

Sarah1212 · 11 May 2018 at 11:23PM

Alice_Holt wrote: »

Lots of info

Thank you. There's a lot there to look at. I'll try call the CAB tomorrow if they're open and see if they can help me

Alice_Holt · 11 May 2018 at 11:26PM

Sarah1212 wrote: »

I'll try call the CAB tomorrow if they're open and see if they can help me

Unlikely on a Saturday, as it is manned by volunteers.

I'd give the DWP a ring first to see where you stand.

I hope I haven't given you info overload.
Just wanted you to know that there are useful guides if you do need to appeal.

[Deleted User] · 11 May 2018 at 11:39PM

It wouldn't be totally unusual if your ESA has been stopped for the letter informing you to arrive tomorrow Saturday, they always seem to time bad news letters to land on a Saturday when they are closed.
Not saying this will be the case but could be?

I think my ESA was stopped

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