ESA letter

F1Fan · 7 April 2017 at 11:35AM

The ESA85 still hasn't arrived. She phoned on Monday and was told to give it a couple of days. It's stopping us getting on because we don't know what was said. It will be 2 weeks on Monday - 27th March the date on the first letter to say they have stopped all benefits.

This is making her ill - I don't know what to do! The call on Monday cost us just under £4.

Any advice would be appreciated

pmlindyloo · 7 April 2017 at 11:45AM

There is not much you can do until you receive the decision letter and the ESA85 so take a deep breath and try to relax.

It is frustrating but the wheels grind slowly and you are in the hands of the DWP.

Give it another week and then call again to hurry them along.

If you are going to appeal then get some help from a welfare adviser or CAB.

In the meantime have a look at the PIP descriptors, see if the descriptors are met and make an application.

F1Fan · 7 April 2017 at 11:55AM

pmlindyloo wrote: »

There is not much you can do until you receive the decision letter and the ESA85 so take a deep breath and try to relax.

It is frustrating but the wheels grind slowly and you are in the hands of the DWP.

Give it another week and then call again to hurry them along.

If you are going to appeal then get some help from a welfare adviser or CAB.

In the meantime have a look at the PIP descriptors, see if the descriptors are met and make an application.

Thank you for your quick reply.

If she waits another week it will only give her 1 week to appeal from the first letter she received.

pmlindyloo · 7 April 2017 at 12:55PM

F1Fan wrote: »

Thank you for your quick reply.

If she waits another week it will only give her 1 week to appeal from the first letter she received.

Which letter are you talking about?

Have you had the decision letter about which group she has been put in?

You have one month from the date of that letter to appeal.

This letter should contain the statement of reasons as to why she was placed in the WRAG group.

If the statement of reasons wasn't included and you have applied for it then you are given extra time to make your reconsideration. This should be explained on the statement of reasons letter.

Have a read of this:

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

Even then you can apply for extra time if, for example, you are waiting for an appointment with a welfare adviser/CAB.

Please make sure that every time you/your daughter telephones, you note the date, time and the name of the person you spoke to, with a summary of what they said. This is useful evidence if things go wrong.

Muttleythefrog · 7 April 2017 at 1:17PM

Agree with above advice... in recent days I have seen several further examples of cases where requesting the ESA85 (or for PIP the PA4) quickly after the assessment would have been prudent. I re-assert to members that barring extraordinary circumstances I strongly advise people do this... one of the reasons is the above... panic about timelines waiting for this document which almost certainly could have been gotten last month. It's not a criticism (I think it should be automatically provided anyway)... but an reminder to other members.. and why I robustly defended an argument to the contrary in taking a complacent approach of sit and wait and react.

But agree with above.. it's unclear as to whether an actual decision letter has been received...the DWP seem poor in this regard.. it is often difficult to tell for ESA and I cannot really say I've ever had a decision letter detailing for ESA their decision after assessment or reassessment.. in fact I only can guess why I get ESA from the ESA85 or ESA85A evidences which I assume the DWP have accepted as gospel. The time starts ticking given the date on that decision letter - I would follow above advice and link given.

F1Fan · 7 April 2017 at 2:05PM

The only letter she's received told her that she will no longer get ESA because she reached the maximum of 365 days - even though she was in the support group.

When she phoned them they told her that although she had scored 15 points at Health Assessment she couldn't stay in the support group and she had already reached the maximum of 365 days for WRAG when she claimed it April 2012 to April 2013.

They said that they would put the details in the post as there was too much to go through over the phone and then appeal the decision. This is what is worrying me that she hasn't received anything yet.

pmlindyloo · 7 April 2017 at 2:18PM

F1Fan wrote: »

The only letter she's received told her that she will no longer get ESA because she reached the maximum of 365 days - even though she was in the support group.

When she phoned them they told her that although she had scored 15 points at Health Assessment she couldn't stay in the support group and she had already reached the maximum of 365 days for WRAG when she claimed it April 2012 to April 2013.

They said that they would put the details in the post as there was too much to go through over the phone and then appeal the decision. This is what is worrying me that she hasn't received anything yet.

OK so that's fine. You haven't received the decision letter about her assessment so you just need to wait. The time won't start ticking until you have received the decision letter. Hopefully the statement of reasons will be included in the decision letter and you can get started on the mandatory reconsideration.

It is strange that you received the letter about her contribution based ESA ending just after the assessment - appears that some information about moving to the WRAG group was flagged up on her case and someone quickly acted upon it. I am not familiar with their computer system so can't really comment on how this happened.

Alice_Holt · 7 April 2017 at 5:14PM

Here are the Support Group descriptors:
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
Your daughter could also be assigned to the SG on Regulation 35 -
http://www.cpag.org.uk/content/making-exception
- If if participation in the WRAG activities would mean there was a substantial risk to the claimants mental or physical health (or to others).

This is a pro-forma for the MR letter:
https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf

The decision is rarely changed by the DWP at MR, so I would be inclined to get the MR sent off as soon as you get the decision letter. Enclose any supporting medical evidence you have to hand.

Here are useful guides to appeals:
http://www.advicenow.org.uk/guides/how-win-pip-appeal (It relates to PIP, but the appeal process is virtually the same).
http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals
https://www.leicester.gov.uk/media/182136/employment-and-support-allowance-appeals-guide.pdf
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

Your local CAB / advice agency may be able to help with an appeal:
https://www.citizensadvice.org.uk/about-us/how-we-provide-advice/advice/

Muttleythefrog · 7 April 2017 at 9:51PM

pmlindyloo wrote: »

It is strange that you received the letter about her contribution based ESA ending just after the assessment - appears that some information about moving to the WRAG group was flagged up on her case and someone quickly acted upon it. I am not familiar with their computer system so can't really comment on how this happened.

This seems to me the best explanation... that unfortunately two important letters have or will be sent in what is logically the wrong order causing great confusion. How that could happen is black box stuff to me too... but given it is a DWP black box...lol... nothing seems impossible.

F1Fan · 20 April 2017 at 8:28AM

My daughter still hasn't received the decision letter, it will be 4 weeks on Monday when the first letter came through saying they can't pay her ESA anymore.

After she phoned them on the 3rd April we put a letter in the post to confirm that she had asked for the decision letter.

Although she's got an appointment with CAB next week, she got the impression from them that time was running out.

I don't know what stage we are at, she is in the Mandatory Reconsideration?

We've got a doctors letter, do we put that in the post now or wait?

ESA letter

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