I think my ESA was stopped

Sarah1212 · 14 May 2018 at 10:47AM

I spoke to the DWP this morning and they told me my benefits have been stopped. Tried get help from citizens advice but they told me they're fully booked and cant take on more clients and gave me another number but they're so far and cant help me over the phone. I don't know if I can get there in person to see someone. Not sure what I should do now. I feel even more stressed and overwhelmed by it all

w06 · 14 May 2018 at 10:52AM

Did the DWP say why they've been stopped?

Sarah1212 · 14 May 2018 at 11:00AM

w06 wrote: »

Did the DWP say why they've been stopped?

They said I scored 0 points but I don't understand because things have only become worse since my last assessment where I was placed in the support group

Alice_Holt · 14 May 2018 at 5:53PM

First step is to ask the DWP to reconsider their decision - a mandatory reconsideration.
Template at post 4.
If you have any medical evidence to hand, copy this and include it with your MR. (Don't worry if you don't have evidence atm).
Go through the ESA descriptors (post 8), identify which apply to you and explain why and how you are affected. Don't forget regs 29 and 35 (risk to your health if found fit for work).
I would do this asap. The sooner you do this, the sooner your ESA can be resumed pending appeal.
Do this by phone (having written your MR), then post your written MR to the address on the decision letter.

Then:
A) If you receive Housing Benefit / Council Tax support - go to your local Housing Benefit Office asap and complete a Nil Income Form. When your council has been notified by the DWP that your ESA has stopped, they will suspend your HB. You don't want to build up arrears, so let them know what is happening, so that they can continue to pay HB.

Ring the DWP after about 2 weeks of sending the MR to make sure it is being actioned. When you get their response (unlikely they will change the decision at this stage), you can appeal to the Tribunal Service and get the ESA payments resumed (you will need a fit note).

C) If you rent from a social housing organisation, have a chat with your Housing Officer. They may have a Welfare worker or a link into an advice agency.

If you can afford the Benefits & Work membership, follow their excellent appeal guides.
https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals/mandatory-reconsiderations

Otherwise the Advice Now guide takes you through the appeal process:
https://www.advicenow.org.uk/guides/how-win-pip-appeal

Are you in receipt of PIP?
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

Sarah1212 · 18 May 2018 at 11:04AM

I still didn't manage to find any help with it. When I spoke to the DWP on Monday they said to keep receiving benefits I'd have to claim for Universal Credit, but I've heard lots of bad things about that, and they said if my ESA was reinstated I'd have to stay on Universal Credit too so I don't know what to do about it.

I'm wondering if anyone knows.. So I've read once the mandatory reconsideration is done and if they reject that and I have to go to appeal, then I would start receiving payments again of ESA at the assessment rate. Would they backdate those payments to include the period when I'm doing the mandatory reconsideration? I'm worried about moving to universal credit, but if I don't do that and then they reject my mandatory reconsideration and appeal then would this period of time before putting in the appeal be without any sort of benefits? If I move to universal credit then I get benefits for this period I believe even if they reject my appeal, but it'd be at the JSA rate and I'd be expected to look for work that I'm unable to do?

I really don't know what to do at the moment. There's nobody to help and it's all so overwhelming. I phoned the CAB, they told me they cant help. Called the numbers they gave me and they're too busy to help. Spoke to the Mind infoline and the numbers they gave me aren't able to help. I'm thinking maybe I just wait until the last day of the mandatory reconsideration then just phone and ask them to do it and hopefully that buys me more time to get help with an appeal after that since I don't think they'll change their decision without more information and I can't deal with it all myself, its causing me too much stress and making me feel worse. I should be seeing someone from the community mental health team in the next few weeks so hopefully they'll know someone who can help, if I can delay the ESA stuff a little bit

pmlindyloo · 18 May 2018 at 11:23AM

Sarah1212 wrote: »

I still didn't manage to find any help with it. When I spoke to the DWP on Monday they said to keep receiving benefits I'd have to claim for Universal Credit, but I've heard lots of bad things about that, and they said if my ESA was reinstated I'd have to stay on Universal Credit too so I don't know what to do about it.

I'm wondering if anyone knows.. So I've read once the mandatory reconsideration is done and if they reject that and I have to go to appeal, then I would start receiving payments again of ESA at the assessment rate. Would they backdate those payments to include the period when I'm doing the mandatory reconsideration? I'm worried about moving to universal credit, but if I don't do that and then they reject my mandatory reconsideration and appeal then would this period of time before putting in the appeal be without any sort of benefits? If I move to universal credit then I get benefits for this period I believe even if they reject my appeal, but it'd be at the JSA rate and I'd be expected to look for work that I'm unable to do?

I really don't know what to do at the moment. There's nobody to help and it's all so overwhelming. I phoned the CAB, they told me they cant help. Called the numbers they gave me and they're too busy to help. Spoke to the Mind infoline and the numbers they gave me aren't able to help. I'm thinking maybe I just wait until the last day of the mandatory reconsideration then just phone and ask them to do it and hopefully that buys me more time to get help with an appeal after that since I don't think they'll change their decision without more information and I can't deal with it all myself, its causing me too much stress and making me feel worse. I should be seeing someone from the community mental health team in the next few weeks so hopefully they'll know someone who can help, if I can delay the ESA stuff a little bit

Have you received the ESA decision letter giving the reasons for how they have scored you nil points?

To answer your other questions.

If you can manage money wise then you do not have to claim UC but can do a mandatory reconsideration and if this is not successful then go to appeal. You would then receive ESA assessment rate until your appeal is heard and it would be backdated to when it first stopped. You would have to provide fit notes to cover this period.

So the first thing to do is make an appointment with your doctor and start getting your fit notes. Whilst you are there ask if there is any medical evidence/reports that could be photocopied so that you could use for further evidence (you may have to pay for these)

When you have received your decision letter you can go through the reasons one at a time and make an argument backed up by evidence as to why you should have scored points.

You have one month from the date of the decision to do the reconsideration.
When you receive your decision letter then you can come back here (if you can't get any other help for your reconsideration ) and we might be able to talk you through your reconsideration or you can use the links Alice has given you.

Sarah1212 · 18 May 2018 at 11:30AM

pmlindyloo wrote: »

Have you received the ESA decision letter giving the reasons for how they have scored you nil points?

To answer your other questions.

If you can manage money wise then you do not have to claim UC but can do a mandatory reconsideration and if this is not successful then go to appeal. You would then receive ESA assessment rate until your appeal is heard and it would be backdated to when it first stopped. You would have to provide fit notes to cover this period.

So the first thing to do is make an appointment with your doctor and start getting your fit notes. Whilst you are there ask if there is any medical evidence/reports that could be photocopied so that you could use for further evidence (you may have to pay for these)

When you have received your decision letter you can go through the reasons one at a time and make an argument backed up by evidence as to why you should have scored points.

You have one month from the date of the decision to do the reconsideration. You can telephone and ask for an extension to this time to get support from an agency. When you are given an extension follow this up with a letter saying that you have been given this extension (I will find a link for you)

When you receive your decision letter then you can come back here (if you can't get any other help for your reconsideration ) and we might be able to talk you through your reconsideration or you can use the links Alice has given you.

Thank you. I still didn't get the decision letter. On Monday when I phoned they said it was sent on the 5th of May. They said they'd send out another copy so hopefully I get it when the post comes today. I'm able to manage for a couple months (I got quite a large backdated payment because of how long it took them to do my initial assessment about 18 months ago and have saved most of it) I was just worried about if they reject the mandatory reconsideration and appeal then I have a period of maybe 2 or 3 months of not receiving money which would mean the small amount of savings I do have would be all gone

pmlindyloo · 18 May 2018 at 11:35AM

Sarah1212 wrote: »

Thank you. I still didn't get the decision letter. On Monday when I phoned they said it was sent on the 5th of May. They said they'd send out another copy so hopefully I get it when the post comes today. I'm able to manage for a couple months (I got quite a large backdated payment because of how long it took them to do my initial assessment about 18 months ago and have saved most of it) I was just worried about if they reject the mandatory reconsideration and appeal then I have a period of maybe 2 or 3 months of not receiving money which would mean the small amount of savings I do have would be all gone

Have edited my post to delete the part about extending the deadline for returning the reconsideration as I do not think you can do this. You may be able to do a late reconsideration but you would have to have a good reason for being late.

So do make sure you get the reconsideration in on time. The date of the decision will be on your letter - it is not the date when you receive the letter.

The mandatory reconsideration is usually done within weeks so hopefully you will be OK.

Sarah1212 · 18 May 2018 at 11:38AM

pmlindyloo wrote: »

Have edited my post to delete the part about extending the deadline for returning the reconsideration as I do not think you can do this. You may be able to do a late reconsideration but you would have to have a good reason for being late.

So do make sure you get the reconsideration in on time. The date of the decision will be on your letter - it is not the date when you receive the letter.

Thank you. I assume it'll be the 4th of June if they sent the letter on the 5th. If I don't have things sorted by the end of the month though I'll just phone and ask them to do the mandatory reconsideration and just have to try get documents and things for the appeal hearing

Alice_Holt · 18 May 2018 at 1:48PM

Sarah1212 wrote: »

I still didn't manage to find any help with it.

A) When I spoke to the DWP on Monday they said to keep receiving benefits I'd have to claim for Universal Credit, but I've heard lots of bad things about that, and they said if my ESA was reinstated I'd have to stay on Universal Credit too so I don't know what to do about it.

I'm wondering if anyone knows.. So I've read once the mandatory reconsideration is done and if they reject that and I have to go to appeal, then I would start receiving payments again of ESA at the assessment rate. Would they backdate those payments to include the period when I'm doing the mandatory reconsideration?

I'm worried about moving to universal credit, but if I don't do that and then they reject my mandatory reconsideration and appeal then would this period of time before putting in the appeal be without any sort of benefits? If I move to universal credit then I get benefits for this period I believe even if they reject my appeal, but it'd be at the JSA rate and I'd be expected to look for work that I'm unable to do?

I really don't know what to do at the moment. There's nobody to help and it's all so overwhelming. I phoned the CAB, they told me they cant help. Called the numbers they gave me and they're too busy to help. Spoke to the Mind infoline and the numbers they gave me aren't able to help.

C) I'm thinking maybe I just wait until the last day of the mandatory reconsideration then just phone and ask them to do it and hopefully that buys me more time to get help with an appeal after that since I don't think they'll change their decision without more information and I can't deal with it all myself, its causing me too much stress and making me feel worse. I should be seeing someone from the community mental health team in the next few weeks so hopefully they'll know someone who can help, if I can delay the ESA stuff a little bit

A) As stated in my earlier posts (8 @ 15) ESA can be resumed once the appeal is underway. As pmlindyloo states at post 17, you will need to supply a fit note.
If you have got the MR in, and ring DWP to ensure it's being looked at, it is likely to take less time than the 5 week UC waiting time (assuming the UC claim goes smoothly). Once you apply for UC any other means-tested benefits (such as HB) will also stop.

Yes this is correct. You will receive both ongoing and backpayments of ESA once the appeal is lodged with the Tribunal Service. ESA regulations 30(2)(a) & (3). ESA Regs 2013, reg 26 (2)(a) & (3) apply - see my earlier post.

C) This is not a good idea. Get the MR in asap. I outlined the reasons why in my earlier post, and linked to a CPAG article. Did you read that article?
Please do not delay. You will have plenty of time to prepare your appeal. The Tribunal Service has long backlogs due to the volume of appeals. It will be months before your hearing, during this period you can continue to receive ESA at the assessment rate if you supply fit notes.

You are right - if you claim UC you will be expected to job search, as you are coming into UC, with an ESA ruling that you are fit for work. Could you get to interviews / see you job coach etc or would you risk being sanctioned?

Did you look at the appeal guides I linked to?
These should help show you what you need to do.

Please start by putting in the MR - again my earlier post gave you details on this. See your GP, get a fit note (back dated to the date ESA stopped), ask your GP if they could support your appeal.

I would suggest visiting your CAB and talking face to face with an adviser. Explain you are vulnerable, and be politely persistent. The length of time an appeal takes will mean they should be able to fit you in.

Remind me - what other benefits are you receiving?
PIP?
HB?
Council Tax support?

I think my ESA was stopped

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