ESA claim: various delays?

[fran1phil]

I am wondering if anybody can advise, if this is correct procedure - regarding a claim for ESA.

My son, previously Incapacity Benefit (5 years+) - was notified of need to migrate to ESA /completed forms, attended WCA - was declared fit for work. He requested an appeal against decision and received the assessment rate of ESA (prior to 28 October/mandatory reconsiderations ruling). He lost his appeal, mainly because he had opted for a paper appeal rather than oral?

 

Anyway, I posted situation at the time, looking for advice and general concensus seemed to be, for him to re-apply. He posted claim on 6 October, at some point, he was notified by text (DWP) that his claim had been received. He subsequently telephoned DWP to progress his claim, as was really finding it hard with 0 monies coming in and getting into rent arrears - which really worries him.

 

He was told, his claim not yet processed. some time later he was contacted and told that they required a doctors certificate from him. He was confused as had sent one for 3 months previously (ie:just before his appeal). He was told, that it didnt count and he needed to get another one? (delaying tactic?).

 

He made appointment to see his doctor and she basically issued him with a copy of that same certificate. He immediately posted to JCP. Last week he received a letter from JCP stating, with regards his claim for ESA, he was not entitled to contribution based ESA,& he may receive seperate letter telling him to attend Work focused interview and work capability assessment.

 

I had thought this a little strange, but felt maybe it is part of the process (of elimination?). I suggested to him, maybe he will now start to receive assessment rate of ESA and advised him to telephone them.

 

He called them on Monday 11 November, enquiring about payment and was told, he had claimed the wrong benefit (ie the wrong form) he had applied for contribution based benefit and he should have applied for income related. They said they would be sending him out a new form to complete!! (Nightmare!!!!) They also advised him that his certificate only had a month left so he may want to plan to get another, and that they can no longer accept notes for 3 months - now 1 month max!!!

 

He is so down in the dumps about all of this, he feels they are just chucking obstacles in his way, preventing him from being paid. But he is really experiencing hardship now, not eating properly and never goes out of the house. I am so concerned for him and wanted to find out if this sounds right??

 

Any opinions /advice would be most gratefully received.

 

Many many thanks in advance.

Nadia

[house3]

Hello Nadia,sorry to hear of your son.s stuggle with both E s a and J s a, ive just been through one of the most stressfull times with them both,not good for my high blood pressure and health, but these people don't care ,no symptathy at all..Just to clarify my E s a finished the 8th October , claim closed down and had it in writing that it had..,I wasn't sure what to do next ,so in the end decidied to claim Jsa instead of begging my doctor for a sick note and going on the assessment rate ,which I wasn't forced to get anyway, but I have appealed against my E s a and got letter from Dwp to say this appeal will be heard when ready .. So even though E s a said they had closed my claim down on the 8th oct they hadn't, ive been told today when I signed on that it was closed down officially the 14th November,so I had two claims running and wasn't paid nothing,i must of rung them both lots of times to ask about the delays to a j s a payment...So because of there confusion between them both I have been without any income for 5 weeks,ive had to ask for handouts from my family friends and the food bank,i have never felt so low and degraded in my life... Plus inbetween it all they said they had lost my first Jsa claim,so had to do another in the past week.. Started getting grieve again when I signed on today,my advisor asked for my permission to look at the universal jobmatch account I had created,i said no that is private,he didn't seem happy at all,i told and shown him I had done everything what is expected of me to find work ,which is true.. Anyway had a phonecall from the dwp a bit ago to say my J sa has now gone through and they would be paying what is owed,around £300 they said would be in my account soon..,a huge relief that was to hear..So I know it been tough and demolishing for your son and yourself Nadia,with the messing you both about like they did me,but your son will eventually see some pennines soon hopefully just keep chasing it up,there is light at the end of the tunnel.....

Edited November 15, 2013 by house3

[Nystagmite]

He can make a claim for local housing allowance without claiming ESA / JSA.

[45002]

I am wondering if anybody can advise, if this is correct procedure - regarding a claim for ESA.

My son, previously Incapacity Benefit (5 years+) - was notified of need to migrate to ESA /completed forms, attended WCA - was declared fit for work. He requested an appeal against decision and received the assessment rate of ESA (prior to 28 October/mandatory reconsiderations ruling). He lost his appeal, mainly because he had opted for a paper appeal rather than oral?

 

Anyway, I posted situation at the time, looking for advice and general concensus seemed to be, for him to re-apply. He posted claim on 6 October, at some point, he was notified by text (DWP) that his claim had been received. He subsequently telephoned DWP to progress his claim, as was really finding it hard with 0 monies coming in and getting into rent arrears - which really worries him.

 

He was told, his claim not yet processed. some time later he was contacted and told that they required a doctors certificate from him. He was confused as had sent one for 3 months previously (ie:just before his appeal). He was told, that it didnt count and he needed to get another one? (delaying tactic?).

 

He made appointment to see his doctor and she basically issued him with a copy of that same certificate. He immediately posted to JCP. Last week he received a letter from JCP stating, with regards his claim for ESA, he was not entitled to contribution based ESA,& he may receive seperate letter telling him to attend Work focused interview and work capability assessment.

 

I had thought this a little strange, but felt maybe it is part of the process (of elimination?). I suggested to him, maybe he will now start to receive assessment rate of ESA and advised him to telephone them.

 

He called them on Monday 11 November, enquiring about payment and was told, he had claimed the wrong benefit (ie the wrong form) he had applied for contribution based benefit and he should have applied for income related. They said they would be sending him out a new form to complete!! (Nightmare!!!!) They also advised him that his certificate only had a month left so he may want to plan to get another, and that they can no longer accept notes for 3 months - now 1 month max!!!

 

He is so down in the dumps about all of this, he feels they are just chucking obstacles in his way, preventing him from being paid. But he is really experiencing hardship now, not eating properly and never goes out of the house. I am so concerned for him and wanted to find out if this sounds right??

 

Any opinions /advice would be most gratefully received.

 

Many many thanks in advance.

Nadia

.

 

For reference

 

Please read OP previous posts !

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?403214-Esa-appeal-to-tribunal-failed

[**Margaret**]

:fran1phil:

 

There isn't a wrong form to claim employment n support allowance. There's only one form and there's a downloadable example below. However it's possible to complete the form as a claim for the contributions only flavour of the benefit. Which is why the instructions for completion of the form say to claim income related anyway if one's not sure which type to claim.

 

https://www.gov.uk/employment-support-allowance/how-to-claim

 

A current Med 3 (unfit) note does count but they've often been filed which is why a new med cert sometimes gets a new claim processed quicker. An initial med cert can be for up to three months. Current time for processing new claims is ten to fifteen working days.

 

As stated, your son needs to make an immediate claim for housing benefit/council tax reduction which depends on low or no income. Not entitlement to other benefits.

 

I doubt there's any malice aforethought in all this, just some less than clear letters and, through no fault of their own, poorly trained contact centre staff.

 

When the next ESA50 drops through the letter box we can point your son towards guidance for its completion.

 

Best wishes, Margaret.

[fran1phil]

Thank you so much for sharing that with me, it shows with perserverence and a lot of patience, you can get there eventually. Must have been so difficult for you and frustrating whilst in receipt of no money at all.

Well I do hope you have by now received the back pay they promised and continue to receive regular payments.

Thanks again

Nadia

[fran1phil]

Thanks Margaret,

Most informative and very helpful information. My son received a new form to complete in the post yesterday, it was called a revision form? Anyway, by the time I was aware of it, he had completed and posted it straight back to them. He probably didnt want to hang about or cause any further delays to payments?? Lets hope this goes through the system swiftly with no delays ..................hmmmmmm I am not too sure about that?!

 

Thanks again

Nadia

[45002]

Thank you so much for sharing that with me, it shows with perserverence and a lot of patience, you can get there eventually. Must have been so difficult for you and frustrating whilst in receipt of no money at all.

Well I do hope you have by now received the back pay they promised and continue to receive regular payments.

Thanks again

Nadia

 

.

Thanks Margaret,

Most informative and very helpful information. My son received a new form to complete in the post yesterday, it was called a revision form? Anyway, by the time I was aware of it, he had completed and posted it straight back to them. He probably didnt want to hang about or cause any further delays to payments?? Lets hope this goes through the system swiftly with no delays ..................hmmmmmm I am not too sure about that?!

 

Thanks again

Nadia

 

 

....

[honeybee13]

I'm not sure what you mean, 45002. You've posted .... on two threads now.

 

HB

[abc123def]

fran1phil has told conflicting stories on previous threads so I suspect 45002 is quoting statements made so they can't be altered and changed later.

[honeybee13]

Right, thank you.

 

HB

[**Margaret**]

:fran1phil:

 

I'm not aware of a 'revision form', in connection with a new claim for employment n support allowance, that has to be returned to Jobcentreplus. If your son's asked for a reconsideration there's a 'mandatory reconsideration notice' but that needs to be sent to the Tribunals Service, with an SSCS1 'Notice of appeal ......'

 

Should one of your sons want to claim employment n support allowance he needs to fill in an ESA1 form correctly.

 

Margaret.

[fran1phil]

fran1phil has told conflicting stories on previous threads so I suspect 45002 is quoting statements made so they can't be altered and changed later.

 

"wtf??????"

[fran1phil]

I would like to clarify, for the benefit of honeybee13 - my comments within 45002.

 

item 1 - was meant to be my response to house 3. Who had kindly shared his situation and associated problems he encountered with JCP. So my intention had been to acknowledge his reply and thank him.

 

item 2 - was directed toward 'Margaret' for her advice and information.

 

Maybe, I had not done this in a clear concise manner, I am not too familiar with the facility of posting responses - but I did not welcome the totally bitchy, sarcastic comments made by abc123def - who seems to implying I might be, posting conflicting stories??

 

I cannot for one moment imagine what I might gain in doing so and can assure you that any conflicting details, have been incidental and by no means deliberate on my part.

 

I can only summise that the person behind the id: abc123def; is one very sad individual indeed and if they would like to message me directly for any inconsistancies within my many posts; I would be happy to clarify!

 

Anyway, I hope my explanation, relating to 45002 offers clears up any confusion?

 

Many thanks

 

Nadia

[abc123def]

I've never been called bitchy or sarcastic in my life before, and show's that you do not know me at all.

 

I was refering to this thread of yours, and there were inconsistances in what you have said in the past. I am not judging you and never have, if you choose to ask for advice for different people at different times saying they are different people or whatever that is totally up to you. If I know the answer I will give it, as many will here whoever the advice is needed for. I certainly would not name call or get personal even if I did not like what was said.

[45002]

"wtf??????"

 

 

I would like to clarify, for the benefit of honeybee13 - my comments within 45002.

 

item 1 - was meant to be my response to house 3. Who had kindly shared his situation and associated problems he encountered with JCP. So my intention had been to acknowledge his reply and thank him.

 

item 2 - was directed toward 'Margaret' for her advice and information.

 

Maybe, I had not done this in a clear concise manner, I am not too familiar with the facility of posting responses - but I did not welcome the totally bitchy, sarcastic comments made by abc123def - who seems to implying I might be, posting conflicting stories??

 

I cannot for one moment imagine what I might gain in doing so and can assure you that any conflicting details, have been incidental and by no means deliberate on my part.

 

I can only summise that the person behind the id: abc123def; is one very sad individual indeed and if they would like to message me directly for any inconsistancies within my many posts; I would be happy to clarify!

 

Anyway, I hope my explanation, relating to 45002 offers clears up any confusion?

 

Many thanks

 

Nadia

.

No need for anyone to PM you.

 

All your Inconsistencies show up in your threads....

 

Good luck with what ever !

Edited November 25, 2013 by 45002