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 call

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

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 thread [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.

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

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

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.

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.

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

Hi welshgirl. If you start a new thread 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.

ok, thank you. I will do:)

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