ESA/crisis loan advice needed

[Morpheus82]

Hi all, I'm new here so please forgive me if I'm posting this in the wrong place,

 

Basically my situation is this, I was on ESA up until 29th of November last year when my claim was closed because I lost my tribunal. I made a new claim for ESA on 11th of December as i am still suffering with my back injury, and am waiting for it to be processed (this has taken forever due to the Xmas period). I have been living off crisis loans for the past month or so and have had no problems. However, when I phoned for another 1 on Wednesday, I was told by the lady I spoke to that, they wouldn't give me a crisis loan because ESA most likely wont accept my new claim as its still the same injury that was turned down at tribunal

 

I have 2 questions, firstly, is this correct? I was lead to believe that I could make a new claim for ESA with the same injury/illness if it has been more than 6 months since the original decision (after my medical) was made which it has been.

And secondly, I was told if I disagree with her decision, to appeal in writing within 28 days and to take it to my local job centre. I was just wondering if there is any point in doing this? I mean have I actually got a chance of getting the decision overturned or would I just be wasting my time only to be told that the decision was correct? Has anyone here had any experience with the crisis loan appeal procedure? If so, any advice would be greatly appreciated.

 

Thanks in advance.

[estellyn]

It hasn't been 6 months since 29th November, it's been 6 weeks!

 

You would be better putting in a late appeal over the ESA decision, you will need to give good reasons why you were late in appealing. Once your appeal is accepted you will be paid at the assessment rate until the tribunal is heard.

[Morpheus82]

It hasn't been 6 months since 29th November, it's been 6 weeks!

 

You would be better putting in a late appeal over the ESA decision, you will need to give good reasons why you were late in appealing. Once your appeal is accepted you will be paid at the assessment rate until the tribunal is heard.

 

Sorry perhaps I should of been more clear, the 29th of November is the date of my last payment from ESA, the actual medical itself and subsequent decision was sometime in July 2011. Isn't that the date that the 6 month period is taken from?

[estellyn]

Sorry perhaps I should of been more clear, the 29th of November is the date of my last payment from ESA, the actual medical itself and subsequent decision was sometime in July 2011. Isn't that the date that the 6 month period is taken from?

 

The date that matters is the date of the actual decision by the DWP decision maker - usually just before your payment stops, you should have been sent a decision letter, and the date of this letter is the date of decision. If you haven't received the letter, you can call the DWP and they will tell you the date the decision was made.

[Morpheus82]

Ok so the letter I received prior to ESA payment stopped (dated 05/12/12) states:

 

"On 19/07/11 ******** was awarded ESA as he was treated as having limited capability for work following an appeal against a decision dated 15/07/11

On 20/11/12 a first tier tribunal dismissed the appeal

******** is not entitled to ESA with effect from 30/11/12 this is because is to be treated as not having limited capability for work from that date"

 

So which date is it that I am meant to be focusing on?

 

Sorry if this seems like a stupid question but I was advised by ESA that I had passed the 6 month period so I'm a bit confused

[estellyn]

It seems like you've added some extra info to your first post. But still I'm confused. How many appeals were there? When was your most recent WCA?

 

Regarding the crisis loan decision - she was wrong, if it IS more than 6 months since your last WCA decision then you can apply again based on the same condition. You can request a review of the crisis loan decision.

[RaeUK]

I was under the impression that the six month clock starts ticking from the date you are informed that you have failed your WCA, at which point you start the appeal process...

[Morpheus82]

It seems like you've added some extra info to your first post. But still I'm confused. How many appeals were there? When was your most recent WCA?

 

Regarding the crisis loan decision - she was wrong, if it IS more than 6 months since your last WCA decision then you can apply again based on the same condition. You can request a review of the crisis loan decision.

 

My most recent WCA was July 2011 (a good 18 months ago now)

 

And in terms of the crisis loan, do these decisions ever actually get overturned?

[flumps1976]

I don't know the percentage of decisions overurned following a reconsideration request sorry, but the number of payments and total amount paid from crisis loans is also limited so that could also be a further reason that your application was denied.

[estellyn]

My most recent WCA was July 2011 (a good 18 months ago now)

 

And in terms of the crisis loan, do these decisions ever actually get overturned?

 

So the effective date to count from is 15/07/11.

 

Yes, crisis loan decisions do get overturned.

[Morpheus82]

I don't know the percentage of decisions overurned following a reconsideration request sorry, but the number of payments and total amount paid from crisis loans is also limited so that could also be a further reason that your application was denied.

 

I wondered if there might have been some other reason behind their decision. I've had 3 crisis loans in the last month and have never had anybody mention anything about the possibility of me not being eligible for ESA

 

Thanks for the insight

[Morpheus82]

So the effective date to count from is 15/07/11.

 

Yes, crisis loan decisions do get overturned.

 

Thanks estellyn. I will be asking for a review and hopefully they will change the decision.

 

Thanks to all for the replies

[flumps1976]

Limit to number of Crisis Loan awards

 

From 4 April 2011, we will normally limit the number of awards that you can receive to 3 in a 12 month period. This limit will apply to living expenses and certain other expenses. Loans made before 4 April 2011 do not count towards this limit.

 

found on this link http://www.dwp.gov.uk/publications/specialist-guides/technical-guidance/sb16-a-guide-to-the-social/crisis-loans/#limit

[Morpheus82]

Flumps,

 

Yes I am aware of this, however crisis loans told me that the whole "3 within a 12 month rolling period" thing was not applicable if you have made a new claim for benefits. I'd had my 3 last year, In march, may and July last year but got 3 more last month while I wait for my ESA claim to be processed.