i cant cope,esa stopped months ago

[tightlines]

hello,if any one could help me please bcos i just cant cope my benafits (esa)

got stopped months ago,because i didnt attend a interview/ medical in june,

i had only just started claiming benafits,im mentaly ill big time my head is trashed i some times have to see i mental nurse and a doctor once a week,my nerves and mind stop me from living anything like a normal life ,

 

in june they sent me a letter saying they had stopped my money bcos i hadent payed enougth NI contributions,i have never worked and never claimed much being homeless and ill most my life,

 

now bcos they sent me this letter i thaught here we go again and forgot about my benafits ,interviews etc,,,,

 

anyway this time i thaught i wont let them leave me with nothing like they always do,

 

asked them to start my benafits again two months ago,they get all sick notes and they would consider it ,

 

i got all sick notes back dated to the day of the missed apointment,

they turned round to day and said i cant have my money and i cant claim for 6 months after my benafits got stopped,i imagine it bcos they owe me alot of money,

 

i said can you not back date a new claim they sain no,

i cant have any money for 6 months after the missed interview on the 24 june,

 

please help,

a big thank you to all for any help

[ErikaPNP]

So are you entitled to the benefit but with a sanction of 26 weeks (6 months) for failing to appear at the interview?

[tightlines]

they are saying that im not allowed any money for 6 months for missing 1 interview,i cant make a new claim or anything,

this is after them saying for the last two months they was at the very least going to start a new claim and probably back date it the allowed 3 months as coverd by sick note, now im getting nothing

[tightlines]

are they right ?, if you have your benafits stoped bcos of missing a interview you cant make a claim for 6 months?

[ErikaPNP]

Not as far as I am aware - I know benefit can be sanctioned for up to 26 weeks where there is failure to adhere to the conditions of claim. With ESA I believe it is a reduction of benefit rather than a complete stop to the payments, but I cannot see any reason for them refusing to allow you to claim. There is a period of disqualification which can last for 6 weeks of ESA for failure to attend

 

Everyone has a RIGHT to claim, and no-one can take away that right. They have a right to decline an award of benefit if the claim does not satisfy the qualifying criteria, but not to say that you cannot claim.

 

For example if a person applied for a community care grant from the social fund, and the claim was declined, and they then applied again within 28 days for the same items. The directions which apply to community care grants do not allow a claim to be awarded in this circumstance (a CCG claim cannot be granted where it was previously refused within a 28 day period, where the claimant is applying for the same items and there has been no change of circumstances). However, despite this the person still has the right to apply and receive an official notification of that refusal.

 

The right to claim cannot be amended and applies throughout all benefits. Have you received anything in writing from them?

 

If so what does it say? I might not be able to help further until tomorrow as I'm going offline shortly. There is someone who is an ESA expert around these parts. Hopefully he will be able to respond to this thread, as ESA certainly isn't my strong point, I haven't studied it well enough yet.

[tightlines]

hi thank you for taking the time to try and help,i just hope the person who understands a bit more comes along,

[ErikaPNP]

I've sent the person a message asking them to look in

[tightlines]

thanks again

[antone]

they are saying that im not allowed any money for 6 months for missing 1 interview,i cant make a new claim or anything,

this is after them saying for the last two months they was at the very least going to start a new claim and probably back date it the allowed 3 months as coverd by sick note, now im getting nothing

 

Erika sent me a message asking me to look in on this thread. I wouldn't say I was an ESA "expert", but I do work for the DWP processing that benefit.

 

I don't have a lot of information to work with, so I'm speculating a bit here. What seems to have happened is that, having failed to attend a medical exam, your claim to ESA was terminated. There is a right to appeal against this decision, but appeals must be submitted within one month of your being notified that your benefit was being stopped.

 

If you then make a new claim to ESA with the same incapacity, you won't be entitled to benefit for 6 months from the date you failed to attend the medical assessment. You could claim with a different incapacity, but you would be referred for an immediate medical assessment.

 

From what you've said, I'd advise you to make a new claim as soon as the six months are up. It is vitally important that you attend any interview or assessment relating to your claim, and that you complete and return any form you are sent.

 

If, in future, you are unable to attend a medical assessment, please try to inform the DWP as soon as you know it will be a problem. If they tell you that your benefit is to be stopped, and you think their decision is wrong, ask them for form GL24 as soon as you get the letter from them. Form GL24 is an appeal form, and includes a booklet explaining the law in (relatively) plain English.

 

If you have difficulty dealing with the DWP (and let's face it, who doesn't?) then the Citizens' Advice Bureau may be able to help, as could welfare rights advisers with your local council.

 

I'm sorry I can't be more help. It seems to me that the DWP is, in your case, doing what the law requires them to do. Whether the law is right or wrong, well, I dunno.

[Zamzara]

If you have good cause not to attend this is a ground of appeal. Illness is good cause.

 

From what you've said, I'd advise you to make a new claim as soon as the six months are up.

 

I strongly disagree. The OP should appeal and make a new claim immediately. This covers all bases.

 

If the appeal is unsuccesful, the new claim is still accepted, but the claimant is not treated as having limited capacity for work (i.e. not paid) until an assessment is carried out. However, if the next assessment is passed, the arrears are paid right back to the date of claim.

Edited December 4, 2009 by Zamzara

[antone]

If you have good cause not to attend this is a ground of appeal. Illness is good cause.

 

 

 

I strongly disagree. The OP should appeal and make a new claim immediately. This covers all bases.

 

If the appeal is unsuccesful, the new claim is still accepted, but the claimant is not treated as having limited capacity for work (i.e. not paid) until an assessment is carried out. However, if the next assessment is passed, the arrears are paid right back to the date of claim.

 

On your first point, yes, I agree. But I couldn't determine from the OP whether the time limits for appeal had passed. However, DMs will often allow some latitude in the case of a vulnerable customer, a definition which would probably include the thread starter, given what he/she said about their condition.

 

On your second point, I agree again. That'll teach me to write posts in the middle of the night.

[MIKEY DABODEE]

the customer has failed to attend he could appeal, if he shows good reason for failing to attend then his old claim may be ropened.

If his appeal fails or he is out of the months time limit

he puts in a new claim to ESA

 

its like IB, he has to have a new medical condition if its within six months, get that bit.

Being Nosey now and need to learn a bit more about ESA

 

How long does it take for him to have an assesment if he puts in a new claim with his old condition.

Edited December 5, 2009 by MIKEY DABODEE

[tightlines]

hi thanks again people for the help, is there no way i could get jsa back dated or anything,as they have messed me about for months that they owe me hundreds,

 

even if i could claim back jsa then change back onto esa in a few months,,any ideas as i realy need the money to pay out money ive lent of my dad

[Zamzara]

No worries antone, I have only just learned about this area of IB/ESA because I had to look into it for someone. Just realised my last post comes across a bit harshly.

 

I also forgot to say that a new ESA claim could be backdated for 3 months, wheras JSA can't be. However it will still only be paid after the new medical is passed, or after 6 months from the last assessment.