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ESA help please


Sweetpeaa
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Hi

 

Failed ESA WCA. (Nil points) Incapacity Benefit conversion.

 

Requested ESA MR, decision unchanged (around month later)

 

Waiting for ESA85 requested 7+ days ago to help with making an appeal, direct with HMCTS

 

 

Meanwhile I have no regular income.

(Waiting for the Council to re-assess my Housing & C. Tax benefits as I am now)

 

My HC2 (free prescriptions) will run out in just over a month. ((because was on IB ©)

 

 

(A) How long does ESA85 generally take to come?

 

(B) What kind of time between sending an ESA (SSC1) appeal in and getting an acknowledgement?

 

© How quickly will DWP respond to a note from HMCTS and pay ESA Assessement Rate?

 

(D) Will they pay ESA automatically or do I request? Will it be ESA © ?

 

(E) Where & when shall I send (safely) a current / next fit note, haven't sent it in as I don't have a live claim.

(Migration seems to confuse where post goes and it gets redirected more than once)

 

(F) Can I apply for a HC2 based on nil income or shall I await ESA (Assessment Rate) back in payment?

 

 

Thanks for any help

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:Sweetpeaa:

 

You can apply for an HC2 based on nil income. I'd apply now cos it can take up to four weeks for an application to be processed. If you don't receive a new certificate before the old one ends, be sure to ask the pharmacist for an official receipt for any prescriptions that you have to pay for. The cost is refundable.

 

A copy ESA85 report should be yours within a week for the cost of a phone call to the number on your disallowance letter. Every so often we hear of Jobcentreplus not knowing anything about them, or saying claimants can't access them. Should this happen to you, send a subject access request (via signed for delivery) to the address on your letter. Jobcentreplus have forty days to respond and they waive the usual £10 fee. Use the space on page 3 to specify that you want the ESA85 report from your assessment dated xxxxx.

 

https://www.gov.uk/government/publications/dwp-request-for-personal-information

 

Don't let waiting for the ESA85 cause you to miss the deadline to appeal. Just write the positive reasons you believe entitle you to employment n support in section 5 of the SSCS1. You can challenge Atos later.

 

In your situation, Jobcentreplus claim to pay assessment rate pending appeal automatically but ...... Best method I've found is written request, photocopy of the Tribunal Services acknowledgement, and Med 3 (unfit) note to the office that paid your incapacity benefit. Assessment rate ESA will be income related, but if your appeal is upheld your award will be based on the same contributions as your IB.

 

Best wishes, Margaret. :panda:

 

 

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