Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
    Basic Account Holder Nothericher100 Novitiate

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    Default ESA appeal issue

    Hi I hope finally I might actually get a answer here as speaking to the DWP has left me frustrated

    Here whats happened, hopefully someone out there can point me in the right direction

    Back In November I received a letter saying that my ESA had been terminated as I had not attended a work assessment In mid October and I had not contacted the DWP to explain why I had not attend the assessment,

    I contacted the DWP to explain that I had not received any corespondence from them probably due to the postal strike
    I was advised to send a letter explaining the situation and a decision will be made quickly

    a few days later the appointment letter for the appointment I missed turned up and the letter asking me why I had missed the appointment followed by an earlier ESA letter dated early September, I contacted DWP that the letter had arrived, I was advised to wait for a responce

    week 2

    2 weeks later I contacted the DWP, when I explained the situation that I had no money coming in a 3 children look after they told me that it usually takes a week for a responce, I politely told the operator that actually a fortnight had passed only to be told "well delays can happen" and "I don't know what you expect me to do" being slightly shocked I ended the call

    week 3
    A letter came explaining my letter had been received and they would look into the matter

    week 4

    now a month passed
    I contacted the Dwp imediately and told them that a month had passed and finances were critical, I was advised that I would just have to wait


    week 8

    just before christmas I phoned again only to be told I will have to wait till up till the 24th of January before I would be informed if I could get ESA,
    3 months from when my ESA was stopped,
    at this point I have received balliff letters and other legal chargeable letters as I an not able to pay bills. the advisor tells me that I should sign on as unemployed and that I should ask the social fund for a loan (as far as I know I would need a income to repay a loan?)this is not a option as im disabled and housebound and when I phoned the Job centre they advised me I could not do this as I am unable to seek employment

    My partner contacted C.A.B they advised her that once my appeal letter had arrived my benefits should have been reinstated and a decision should be made by the appeals section If I am still entitled or not on the Appeal date but I do not know if this is correct or not.

    so Should I be receiving benefit or not? I have not received any benefit since Mid october, is signing on as unemployed my only option even though I'm clearly unfit to work?
    I have been told to wait days weeks and months after each phone callicon

    I am now waiting for a visit from the balliffs as I can not even offer them a minimum payment

    I hope someone might explain what my next step should be

    Thanks for looking


  2. #2
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    Default Re: ESA appeal issue

    Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.
    As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.
    As for the bailiffs there is a very good forum on this site for that issue. Go to:

    Bailiffs and Sheriff Officers - The Consumer Forums

    and start a new threadicon [the buttons at the bottom left of the page].
    Post as much detail as you can - no personal details as bailiffs tend to read it too. Name of the firm is fine, how much, what for - is it a court fine, council tax etc - as different rules may apply. Tell us a little about yourself. What is your disability and why are you housebound [just general details]. It's useful.
    You will get a lot of help and I'll post some things that may be of use to you - though, to be fair, I'm not likely to be on line again before the evening.
    Take care and I hope you get advice about the DWP.
    Rae.

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  3. #3
    Basic Account Holder Nothericher100 Novitiate

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    Default Re: ESA appeal issue

    Quote Originally Posted by Kelcou View Post
    Phew, nothe, that's quite a post. I can't help you with the DWP specifics but I'm sure someone will be along tomorrow.
    As far as I know a crisis / social fund loan does not need an income as such and is repaid minimally from benefits. If you have no money at all it beggars belief as to how you're surviving! It can't be easy.

    Rae.
    I know its a long post but I wanted to put enough details down,

    I know it's not the DWPs fault that there was a postal strike but its not my fault either

    The way I have survived is by using my credit card but even that option is not possible now as I can't use the cards until I make a payment,

    re Crisis loan/Social fund as I stands I would not be even able to make a minimal repayment as I don't have an income coming in

    until I lost my job due to my health I did not realise how much some genuine people on benefits get treated like second class citizens, At no stage have I even raised my voice or verbally abused advisors, If I had spoken to customers the way a few (not all are rude) of the DWP employees and Housing Benefits advisors have spoken to me I would have been disiplined.

    Sorry for the long rant but to be honest with you I don't know what I would do if I didn't get this off my chest


  4. #4
    Basic Account Holder brighton gal Novitiate

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    Default Re: ESA appeal issue

    Hi,
    Although different circumstances, from my experience, when you call the DWP it's hit and miss whether you get the right info. With me, it was usually miss. I spent about 7 or 8 weeks calling these people, being given conflicting information and advice until I said I wanted to make a formal complaint and insisted that I was called by the Manager (stay very calm when you do this). After speaking to the Manager, everything was sorted out very quickly.
    Don't be fobbed off. They wont put you through to a manager, but will take a request that you be called. If you don't get a call in 24 hours call again (and again).
    I'm sure you'll also get a lot of help from the members of this forum. They were the only light in my little dark tunnel last week.
    All the best.
    BG

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  5. #5
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    Default Re: ESA appeal issue

    Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.

    You can still apply for a Crisis Loan for living expenses, repayments would be deferred until you have an income, if you do begin to receive benefit repayments would be paid via dedcution from your benefit. If you apply for a Crisis Loan, they can actually help you get your ESA, because Crisis Loans should not be paid when benefit is due. Therefore if you should be receiving benefit, the Crisis Loan officer will liaise with the ESA section to sort this out for you.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
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    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  6. #6
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    Default Re: ESA appeal issue

    Quote Originally Posted by ErikaPNP View Post
    Yes it is correct that when an appeal is acknowledged, ESA should be paid at the assessment rate until a final determination on the appeal is made. However it is not clear if you have actually appealed the decision or simply sent a letter explaining the situation.
    Just to clarify one thing - ESA is paid during an appeal only if the appeal relates to a points failure of the WCA. It is not payable if the customer has failed to attend the medical, as this is regarded as noncompliance with the terms of the benefit.

    Presumably what the original poster is hoping to do is show good cause for failure to attend. This would go to the decision makers as a request for a reconsideration, rather than an appeal. Each BDC has its own timescale for these, but 8 weeks does sound like rather a long time. If good cause is accepted, ESA will be reinstated and arrears paid.

    I think you are spot on with your suggestion that the OP contacts the Social Fund for a crisis loan. I occasionally deal with their processors, as they will indeed call us if there is a question that ESA might be due, and this can sometimes speed up the process.


  7. #7
    Basic Account Holder welsh_lass Novitiate

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    Default Re: ESA appeal issue

    Hi, im in a similar situation. I have just filied an appeal.

    When should i expect to get paid? and will i get back dated from when it stopped? (obviously with doctors paper covering that period)

    any responce will be apprecited

    thanks


  8. #8
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    Default Re: ESA appeal issue

    Hi welshgirl. If you start a new threadicon on the subject, you'll get a better response that's custom to your case.

    Are you appealing on the grounds of not enough points on the medical or did you not attend a medical? The benefit is only payable at the assessment rate on appeal if you are appealing against the result of the medical (i.e not enough points to qualify for ESA). If you didn't attend the medical, benefit is not payable on appeal.

    My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

    Please do not seek, offer or produce advice on a consumer issue via private message; it is against forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.
    (exceptions for prior authorisation)


    If my advice has been helpful, please show your gratitude by taking a moment to click on the star icon on the bottom strip of my post






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  9. #9
    Basic Account Holder welsh_lass Novitiate

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    Default Re: ESA appeal issue

    ok, thank you. I will do


  10. #10
    Basic Account Holder Nothericher100 Novitiate

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    Default Re: ESA appeal issue

    my advice is get some help from a Disability Advocate, C.A.B, I had no help what so ever from the benefits agency until an advocate got involved, once they got involved my benefits were reinstated the next day
    thankfully my situation is sorted out, i had the medical which put me as unfit for work



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