Hi, First time poster so apologies if I've broken any forum rules/etiquette.

I'll try to explain the situation the best I can... I put in a new claim for ESA on 4/2/13 which I was informed was unsuccessful in letter dated 4/3/13 due to a Work Capability Assessment I attended 22/8/12 ( I didn't bother appealing at the time as I was eligible for carers allowance/income support and to be honest I had enough on my plate to deal with at the time)... I've since appealed and was sent out an appeal form which I swiftly returned and then was sent another letter asking for more information which was also swiftly returned.

However as of yesterday (3/4/13) I've still to receive a payment, although I have had 3 crisis loans in this period. I know my initial claim date is within the 6 month period of failing a WCA but I strongly reject the suggestion that my condition hasn't worsened... (Hence the appeal)... I was also told that as of 19/3/13 my appeal was valid but as of 28/3/13 it's status was changed to dormant. I also should mention that I'm up to date with my sick lines and sent an 8 week one in on 19/3/13 as my previous one was due to expire 25/3/13.

I think I've heard pretty much every excuse possible in the last 2 months for the hold up, I've received several call backs and the reason for the delay seems to change from week to week... Even the call handlers on the ESA, crisis loans and benefit enquiry lines have been puzzled by the delay going by the information they have on their system... So much so that one extremely helpful individual took it upon their self to put me on hold for 45 mins and phoned several numbers on my behalf before being informed that a decision would be made on 4/4/13... Today. This individual also advised me to ask for a call back and then to ask to speak to a supervisor and make a complaint.

Basically I'm just looking for any advice on how to go about making an official complaint??? I already have a reasonably detailed timeline of my phone calls and correspondence with them and I'm considering emailing my MPs secretary about it as I had correspondence with them last year regarding another matter.

Any assistance/advice would be greatly appreciated, thanks in advance

Hello and welcome to CAG. I'm sorry to hear about your problems and hope we can help you.

The forum guys should be along over the course of the day with advice for you.

My best, HB

If you are appealling on grounds that your condition has worsened, then you won't be entitled to payment while appealling until and unless a new WCA is carried out and decided in your favour. Your complaint should be to the DWP, and insisting that you have a new WCA to ascertain your worsened condition.

If you are appealling on grounds that your condition has worsened, then you won't be entitled to payment while appealling until and unless a new WCA is carried out and decided in your favour. Your complaint should be to the DWP, and insisting that you have a new WCA to ascertain your worsened condition.

Are you sure that's correct? I was told last week by the benefit office dealing with my claim that was only one of 3 potential outcomes regarding my appeal. The other 2 being that I could have the decision revised/reversed or rejected. I've also been told that on the system my appeal was valid as of 19/3/13 and it had been passed onto the payments section for payment... Nearly every call handler I've spoken to has told me I should be getting paid... However to complicate matters my claim status has now changed to dormant, sometime around 28/3/13, although my previous medical certificate had expired (25/3/13), I posted a new one for 8 weeks dated 19/3/13 with the additional information requested by the appeals department... Tried to get to bottom of it today but my call back never materialised for the second time in a week... Apparently I'm getting one between 9-10am tomorrow now.

As far as I know Estelly is correct and payment will not be made until you attend the WCA.

Which decision are you appealing?

You normally have to appeal within 1 month but it can be extended to a 3 month period if you show good cause (again as I believe, I am not an ESA adviser)

Personally I would advise contacting the ESA telephony team and requesting a customer service appointment at the JCP as you are vunerable (left without payment and no idea when payment can be expected).

You can also specify that you may need to request a Short Term Benefit Advance on the claim recently submitted as crisis loans no longer exist.

There is a 1/2 day strike tomorrow so call backs etc could be delayed too.

You normally have to appeal within 1 month but it can be extended to a 3 month period if you show good cause (again as I believe, I am not an ESA adviser)

It's 13 months maximum and like you say, you've got to have a good reason for this delay.

Of course you could always reclaim, if your claim is dormant and you're now outside the 6 month period - however you would loose any potential payment if your current appeal were successful.

Thanks for all the replies, there greatly appreciated... I'm aware that I am appealing a decision well outside the normal allowed time as I was told that but I wasn't informed of the 3 month cut off point... In fact I was encouraged to do so by the person from the BDC who told me that my initial claim was turned down, He actually told me that I was pretty close to the cut off point of the 6 month period so I should definitely appeal. If there was no point in me doing so, I'd rather have been told there and then and I'd have known where I stood instead of being misinformed and being left in limbo for another month.

I'm not appealing against the decision of the WCA in August last year, just the decision to reject my new claim (2/4/13).

I actually asked for a new claim form (from 19/3/13, which I think is comfortably outside the 6 month period) and have it ready to send but haven't posted it as of yet... I actually specifically asked if it would affect my appeal in any way by putting in a new claim and was told "No, definitely not" but I think what estellyn said is right about losing any back payment if I made new claim... I'm starting to think this is why I haven't been informed of any decision made on my appeal yet, their waiting on me making it for them.

All I'm wanting to hear tomorrow is where I stand, some clarification of the situation... Appeal rejected? Appeal successful? WCA before any payment issued? At least then I'll know how to proceed... I was also specifically told that of those 3 scenarios the only one that would have resulted in non payment would have been if my appeal was rejected outright though.

This might sound a bit paranoid but I'm starting to question a lot of things I've been told (or not) by my BDC since I put this claim in, whether it's merely simple incompetence or something more sinister I don't know.

Anyway, thanks again for taking the time to reply, hopefully one way or I'll find out tomorrow what the story is

If you appeal and make a new claim then you protect yourself both ways. You should get ongoing payment and continue the appeal on grounds your condition worsened and this should have been assessed. A new claim does not affect an appeal of a previous decision. I was talking about if chose to ONLY make a new claim and not appeal, then you would lose any backpayment from the previous claim, that you might be entitled to if you win your appeal. You can by all means do BOTH.

If your new claim is outside the six months from your last WCA decision, then you should be paid at assessment rate like any new claim.

If you appeal and make a new claim then you protect yourself both ways. You should get ongoing payment and continue the appeal on grounds your condition worsened and this should have been assessed. A new claim does not affect an appeal of a previous decision. I was talking about if chose to ONLY make a new claim and not appeal, then you would lose any backpayment from the previous claim, that you might be entitled to if you win your appeal. You can by all means do BOTH.

 

If your new claim is outside the six months from your last WCA decision, then you should be paid at assessment rate like any new claim.

Right... Cheers for clearing that up. It sounds like I'll be posting that form regardless of the outcome of the call back then. I just held off as all the things I've been told for the last fortnight about the status of my claim sounded like a payment was imminent. Anyway, time for bed. Thanks again