ESA No money for 8 weeks can anyone help ?

[TO DARE ISTO DO]

Hi thanks for reading. I was on esa until i had to go to the wca. I missed the medical due to family illness, my grandfather being seriously ill in hospital and dying two days after my wca was supposed to happen. I was advised to make a new claim for esa whilst appealing the decision to stop my esa by the dwp after they closed my claim. . I have made a new claim but they say they cant pay me until i go to a medical which atos can take 13 weeks to give me.

I went to my local cab office and he phoned the esa after i got a letter saying they got my appeal.

he thinks i should get the assessment rate of 71 per week until my appeal is heard. esa wont pay me because its a did not attend yet they say they have validated my appeal. i was hoping to get at least 71 per week until my appeal is heard as someone from the benefits office said, they even said from the 11th november, as my last claim stopped on the 10/11/12.

please can someone give me some advice as this is really starting to finish me off, i dont know what to do now:???:

 

The cab thinmks I have a 90 percent chance of winning my appeal, but i am broke in the meantime, can they pay me ?

[unclebulgaria67]

Phone the Job Centre dealing with your ESA claim and advise them of your situation. I am presuming that to pay you, that they would need to re-open the ESA claim and put notes on that there is an appeal in progress. You may have to phone them to ensure that this happens.

[TO DARE ISTO DO]

hi thanks for the reply, i just talked to them after they promised to ring back yesterday by 1 which they never, and it says not to pay me because of did not attend , yet my appeal has been validated, but they said i would get another call back within three hours from another esa team dealing with my claim. i cant have any more crisis loans as i have allready had 3 this year.

when they say my appeal has been "validated" or "accepted" as 2 seperate people from esa have said to me, does that mean i have won? or that they have just recived it ?

also i have found an example of a dwp pdf file,

does this make any sense to anyone ?

 

 

Jason’s award of ESA was terminated from 16.11.11 after he failed to attend a

medical examination. He makes a further ESA claim from 16.11.11, and is referred for

a WCA. On 8.3.12 the DM determines that Jason does not have LCW, and disallows

the claim from 16.11.11. Jason appeals, and is awarded ESA from 8.3.12.

Jason’s health deteriorates, and he is referred for a further WCA. The DM determines

that Jason has LCW, but does not have LCWRA. The pending appeal award is

superseded to award the WRAC from 7.6.12.

CLAIMANT TREATED AS NOT HAVING LCW

22 DMG 42471 – 42474 gives guidance on the action to take where a claimant who is

entitled to an award of ESA pending an appeal notifies that they have a new or

worsening health condition

1

. DMG 42474 advises that a claimant who is treated as not

having LCW for failure to return the questionnaire or attend for medical examination

can continue to be treated as having LCW until the appeal is heard

2

.

1 ESA Regs, reg 147A(2) & (3); 2 reg 30(3) & 147A(4)

23 Where the appeal is allowed, the DM takes action as in DMG 42486 – 42487. No

further action is taken on the previous WCA referral, subject to the normal WCA

review process (see DMG 42142 – 42145)

[honeybee13]

Hello there.

 

In case it helps, here is a link to another thread about a missed assessment with Atos.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?377552-can-you-only-cancel-your-ESA-assessment-once&highlight=missed+atos

 

My best, HB

[TO DARE ISTO DO]

Thanks I will have a look now, just feels like I go round in circles with esa. this friday be the 9th week with no money, also been advised to not claim jsa as it could jepordise my appeal so im pretty much destitute now for weeks, got so behind on my bills, i missed court yesterday over council tax not eaten properly for weeks.

[TO DARE ISTO DO]

Does anyone know if a did not attend means no money during an appeal ? or am I entitled to the assessment rate until it gets sorted ?

[honeybee13]

Sorry, I don't, but other people here do and I hope they'll be along later.

 

HB

[TO DARE ISTO DO]

Hope someone can shed some light. its so hard when one person says you are entitled and another one says you are not, in the meantime i not getting anywhere, thanks for all you replies... think i have to go back to the cab ofice tmw and get hold of the person who made the calls for me.

i found this link showing how many points you get for each question, this should come in very handy

google this as i cant post links yet

 

leics dot gov dot uk foward slash esa stop benifit pdf

[TO DARE ISTO DO]

So 3 hours have gone and no call, typical......

A\lso In my 1st post I meant to say I was migrating from ib to esa dont know if that makes a diference

[Hacked_Off]

Have you tried your mp yet?

[estellyn]

My take on this would be no payment until you attend the wca (medical) or you get a successful decision on your appeal - whichever comes first. Because you are appealing a failure to attend, you have no right to payment while appealing. Because your new claim is within 6 months you have no right to payment until you have either attended the wca and put into WRAG or support group, or you appeal failing a wca that you attended.

[stephen2010]

I went without money for 6 weeks during the initial claim phase.

Ended up having to get crisis loans as well, absolutely nightmare,

hope you get it sorted soon.

[flumps1976]

I think that Estellyn is correct and as your claim stopped due to the failure to attend it isn't because you actually failed the medical so any new claim submitted in the mean time within 6 months of that decision will not be paid until you have attended a medical.

Your appeal will firstly be considered as a reconsideration for your reasons why you failed to attend and if you had good cause and if that can't be acceoted then it will go to te appeal.

You can always contact ATOS and ask for an earlier medical or a cancellation.

[banksarggg]

i hate to be the bearer of bad news but i have had this happen to my twice , i did not attend a wca and they will not pay you ,

im going through this again now but this time i have not done a new claim, my money was stopped in september and my tribunal hearing is febuary 2nd ,

 

i know where your coming from because when it happened to me the first time i just could not get my head around how the dwp can leave you with nothing to live on , i nearly lost my house ,

just hang on in there and keep on at them for an appointment for the medical ,dont just wait for them to send you one out ,keep badgering them

dont do what i did and wait for an appointment cos it took them months to send me one

[worried33]

yuo wont get paid appealing a missed wca decision. But you cn get crisis lons. Apparently on a new claim your WCA will be fast tracked due to the lack of payments.

[TO DARE ISTO DO]

Yes, You are all right by the looks of it. also I cant get a crisis loan as I have had 3 in a 12 month period allready

 

Still no money up to this date and no word on when a WCA is going to take place

 

I have had to give up my flat and move 250 miles back to London with my Family, change all my details over.

 

No money to live on but at least I can get a meal here

In the meantime, I have mad a claim for JSA friday just gone to see if they may help me until the WCA comes or my Appeal decison, whichever first.en told today that I dont qualify for a harship payment as my ESA claim is on hold until this WCA

 

My Appeal is due to Family illness.

My Grandfather was serioulsly ill in hospital after going there for a routine operation. On the 3rd day of him being there his lungs and kidney collapsed and his condtion ot a lot worse. he died 2 days after my WCA assement was supposed to take place and this was some 250 miles away from where the WCA was held.

I wrote this all down in my appeal, his name, adress , the hospital he was in so they could check it out. and nothing yet.

If thats not "good cause" then wtf has the world come to

Edited January 16, 2013 by TO DARE ISTO DO
adding more

[estellyn]

You have to remember that the 'my grandfather died' excuse is used by many, many people who's grandfather didn't die. Which makes the genuine people unlikely to be believed. Can you get a copy of the death certificate? Make sure you explain your close relationship and the fact you were at your grandfather's bedside and the last thing you were thinking of in your grief was cancelling any appts. I remember being so distressed rushing to my gran's bedside (150 miles away) that had I not been at work when I got the call she was dying, I would have forgotten to even call work to tell them I wasn't coming in.

[TO DARE ISTO DO]

I never gave them a copy no but im sure i may be able to get one, in me giving them his name adresss and the hospital he was in then surley thats enoguh for them to go and check it up,, or they may be to lazy to even do that.

[estellyn]

I never gave them a copy no but im sure i may be able to get one, in me giving them his name adresss and the hospital he was in then surley thats enoguh for them to go and check it up,, or they may be to lazy to even do that.

 

The hospital are bound by confidentiality rules, and would not be able to give out information - the DWP know this and wouldn't even bother asking - it is up to you to prove your case, not for the dWP to investigate and prove it for you. Sounds harsh, but it's the way it works.

[flumps1976]

They won't check to see if you are telling the truth or not however if you can provide his death certificate it may add weight to your appeal but again no guarantees.

[TO DARE ISTO DO]

So, I had my wca today in london as I have had to move out of my home 200 mile away due to being skint.

I have had this appt for 2 weeks now.

I turn up, and guess what

They have not got my papers [EDIT] , so they had to postpone, so I have to wait longer,

still no money

[EDIT]

[TO DARE ISTO DO]

can I get a payment now as it is there fault and not mine, as I attended ?

[TO DARE ISTO DO]

1

. DMG 42474 advises that a claimant who is treated as not

having LCW for failure to return the questionnaire or attend for medical examination

can continue to be treated as having LCW until the appeal is heard

 

Does this mean I am entitled to a payment until my appeal is heard ????

12 weeks no and nothing

I feel like ringing esa now with these regs but dont wanna mess it up

Edited February 1, 2013 by TO DARE ISTO DO

[**Margaret**]

:TO DARE ISTO DO:

 

Unfortunately the regs you're quoting have been taken out of context from chapter 42 of the Decision Makers Guide. If you read the whole document carefully, you'll see that the bits you're quoting refer to a claimant who already has a live appeal against a fit for work decision after a work capability assessment.

 

http://www.dwp.gov.uk/docs/dmgch42.pdf

 

Did you get a copy of your Grandad's death certificate? As others have said when an assessment is missed it's up to the claimant to show good cause.

 

In the meantime there's not much to be done about Atos except to remind them every other day or so that you're prepared to accept the first available appointment once your file's been transferred. You may fare better with the assessment centre (rather than the 08002 888777 number) cos they should know whether your file's arrived.

 

Sincerely, Margaret.

Edited February 3, 2013 by **Margaret**

[worried33]

When I was in the same position I was told that payments would not be reinstated until I had a WCA. Now you have attended a WCA but it wasnt carried out, my gut guess is you still dont qualify for any payments, but it is worth querying with either the DWP directly or with someone like welfare rights.