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ESA Assessment failed advice?


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hi hun,i put "trying to get representation" on mine. while i was waiting to see welfare rights bloke. plz think about getting help from CAB or welfare rights or MIND, your chances at appeal increase with this sort of help because its what they do! I was told 40% of people win their appeal, but this increases to 70% with representation. gd luck

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Hello everyone, I have been in hospital recently for minor surgery and not on the computer much, but the appeal was supposed to be decided in the New Year, I received a letter in the post a couple of weeks ago saying the following:

 

'The appellant is entitled to Employment and Support Allowance (ESA) with the word related activity component.''

 

It then noted two of the regulations and said I got a total of 15 points, the tribunal decided on the basis of documentary evidence as I requested the decision to be made in my absence. I have just returned from my doctor and he gave me notes from April to currently, and a 3 months one to expire in February. I'm guessing the next step would be to post them with a letter to the Jobcentre? From looking at the letter it says I'm entitled to ESA but I feel like something is going to go wrong or I'm reading it wrong because they stopped my benefit before.

 

I would also like to make a donation to the forum as a thank you for your help if and when I receive my ESA if that is possible?

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Excellent news!

 

I have just returned from my doctor and he gave me notes from April to currently, and a 3 months one to expire in February. I'm guessing the next step would be to post them with a letter to the Jobcentre?

 

Don't post the certificates to the jobcentre - send them to the Benefit Centre. The address will be on letters from them about your ESA.

 

 

I would also like to make a donation to the forum as a thank you for your help if and when I receive my ESA if that is possible?

 

It is possible to donate, yes. If you click on the little piggy in my signature, it will take you to CAG's paypal page.

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)

 

 

 

 

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Don't post the certificates to the jobcentre - send them to the Benefit Centre. The address will be on letters from them about your ESA. .

 

So does this mean if I send my certificates to the Benefit Centre they will take care of the ESA? And the money will end up in my bank account?

 

I am very thankful to everyone who has helped me on this forum, I am just words on a screen to everyone here but without your knowledge and help I would not have even appealed. I am so very thankful for your advice.

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So does this mean if I send my certificates to the Benefit Centre they will take care of the ESA? And the money will end up in my bank account?

 

I am very thankful to everyone who has helped me on this forum, I mean that from the bottom of my heart, I am just words on a screen to everyone here but without your knowledge and help I would not have even appealed because when they sent me the letter that they were stopping my ESA it was just before my birthday and I had already accepted defeat, it felt horrible and I accepted that I was going to struggle for a long time. My dream is to go to university and become a nutritionist and I am a long way off from that but this has lifted such a big weight off my shoulders especially at this time of year, I can buy things I need and I will be able to repay my parents who are poor but have helped me all the way through this.. I am so very thankful for your advice, I really am.

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So does this mean if I send my certificates to the Benefit Centre they will take care of the ESA? And the money will end up in my bank account?

 

I am very thankful to everyone who has helped me on this forum, I mean that from the bottom of my heart, I am just words on a screen to everyone here but without your knowledge and help I would not have even appealed because when they sent me the letter that they were stopping my ESA it was just before my birthday and I had already accepted defeat, it felt horrible and I accepted that I was going to struggle for a long time. My dream is to go to university and become a nutritionist and I am a long way off from that but this has lifted such a big weight off my shoulders especially at this time of year, I can buy things I need and I will be able to repay my parents who are poor but have helped me all the way through this.. I am so very thankful for your advice, I really am.

 

Well done,

 

Send off the certificates to the Benefit Centre, You have got the ESA and been put into the Work-Related Activity Group,

 

I'll be the first to mention the backdated money you should be getting :)

Hopefully one day all dca's will be history

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Yes - the benefit centre will calculate the backdated award and issue what is due. This can take up to 6 weeks or thereabouts.

 

You are not just words on a screen here. You are a person. I'm very glad we were able to help 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.

(exceptions for prior authorisation)

 

 

 

 

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  • 2 weeks later...

Sorry to keep bumping the thread but the basic gist is although I won my appeal, the Jobcentre/Benefit Centre are saying they do not have a current claim for ESA from me and they sent me the doctor's notes back in the post. I wasn't told at any point that I needed to make a new claim. I was told that if I got doctor's notes I will be paid up until the date of my appeal, I have been unfit for work throughout the whole duration of this and have proof. Why then would they refuse to give me my ESA after I WON my appeal. If I lost, then that's understandable, but I won?

 

I will ring them in the morning and explain this to them. Also they stamped my doctor's notes, does this mean that I will have to get new ones if I eventually do have to make a new claim? Them saying they don't have a claim for ESA from me has made me so angry.

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I'm guessing no-one knows the answer to this because it must be another incredibly stupid and damaging mistake by the DWP.

 

They have lost your claim somehow.

 

I would be angry too.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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I'm guessing no-one knows the answer to this because it must be another incredibly stupid and damaging mistake by the DWP.

 

They have lost your claim somehow.

 

I would be angry too.

 

- dj

 

Thank you mate. I've definitely not done anything wrong though have I, as in, I'm not the one at fault here? If I phone them and explain I should still get my ESA?

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Yes, you need to keep ringing and writing until they pay up and explain themselves to you.

 

You should have all your back-pay within 2 or 3 weeks of winning the appeal.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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The only other thing that occurs to me is that if you were getting contribution- based ESA it would run-out after 12 months.

 

Then you need to claim income-based ESA after that.

 

I am sketchy on the details of this though.

 

- dj

Benefits rules are complex, and although I do try to inform and support people, I may get it wrong because the rules apply to individual claimants and their particular circumstances.

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The only other thing that occurs to me is that if you were getting contribution- based ESA it would run-out after 12 months.

 

Then you need to claim income-based ESA after that.

 

I am sketchy on the details of this though.

 

- dj

 

I first made my ESA claim in around October last year, so I'm not sure if it's because of that.

 

I just got off the phone to the Jobcentre and they said when someone wins their appeal, the tribunal are supposed to send a letter to them as well as the appellant and they didn't get a letter. She said the tribunal will ring me before quarter to four today to discuss my benefits or something.

 

She said the reason they didn't have a current claim is because they stopped my claim in April because I failed the assessment and they haven't been notified that I won my appeal, thus it was still stopped.

 

Hope it's all sorted soon.

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  • 2 weeks later...

Just spotted your thread, MoC. I think the Tribunal service is getting a bit bogged down now and is making elementary mistakes. I lost my appeal in May this year and the DWP have only now - December - been officially notified! Meanwhile, back at the re-application ...

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Does anyone know what happens if I don't attend work related interviews?

 

Will they completely stop my ESA or just the extra 20-odd quid? Attending interviews makes me feel anxious just hinking about it to be honest.

 

Only the extra money will be stopped. ESA interviews of this type (Work Focused Interviews, or WFIs) are annoying but: you can only be asked to attend six of them, no more frequently than once per month, and they can't force you to apply for jobs or training. The only way you can be sanctioned (lose money) is if you don't show up. Well, you also have to "participate", but that provision is there to make sure you don't just turn up at the office and sit there in sullen silence.

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