ESA Non Payment

[WorriedAnnie]

Hello i am writing this on behalf of my husband to see if you can help.

 

My husband was injured and was medically retired 18 years ago. Since then he has been on :-

 

Incapacity benefit.

Disability Living Allowance : Higher Rate Mobility - Medium Rate Support.

Industrial Injuries Disablement Benefit. (Rated @ 50% Disabled) Registered Disabled.

 

2 years ago he was told that he was going on the new E.S.A. and that it would not affect his payment (lost the proof). In short he was put into the "Work Related Activity Group" and received contribution-based ESA. He was sent to the local Job Centre for an interview. His support Officer told us that he was in the wrong group after the first 10 minutes and told us to ask for a review but my husband told her that as all was the same(payment amounts) he didn't mind the odd interview. He suffers very badly from depression and anxiety and avoids stress at all costs so was happy to let things go as he trusted the system. In the meantime he received a review form and discussed this at his next interview (i am his carer and had to attend each meeting as finds going out in public difficult at times) He and his support Officer were both amazed that he was put in the wrong group especially with all the medical history so he asked a charity to help fill in this review form and sent it off.

 

The problems started a few months later. His payments stopped!!! After contacting the ESA he was told that the group he was in only paid out for 12 months then stopped!!! At no point was he told about this! He could not get Income Related CSA due to his pension raising him over the limit. He kept ringing to get it sorted and asking for them to check the review form put in months ago etc etc but was held up in the medical section. Cutting the story short the review form from the year before was cleared and they put him into the correct group BUT they refused to backdate it and we ended up in debt of nearly £2,000 because of it but could not prove it as it was from family and friends to tide us over as we were certain it would be backdated once they saw their mistake. Well my husband wrote to them explaining everything pointing out that it was a "mistake" on their part for putting him in the wrong group but still they refused to back date to cover the time we went without money. The said that because it was not an appeal and was done via review they did not have to back date it.

 

 

 

 

 

Is there anything we can do about this. The review was sent off 6 months before the payments stopped and contained the same information as the original form.

 

Plz help. We are outside the appeal limitations because we thought we had no chance until i joined this forum. What do you think?

[unclebulgaria67]

Hello i am writing this on behalf of my husband to see if you can help.

 

My husband was injured and was medically retired 18 years ago. Since then he has been on :-

 

Incapacity benefit.

Disability Living Allowance : Higher Rate Mobility - Medium Rate Support.

Industrial Injuries Disablement Benefit. (Rated @ 50% Disabled) Registered Disabled.

 

2 years ago he was told that he was going on the new E.S.A. and that it would not affect his payment (lost the proof). In short he was put into the "Work Related Activity Group" and received contribution-based ESA. He was sent to the local Job Centre for an interview. His support Officer told us that he was in the wrong group after the first 10 minutes and told us to ask for a review but my husband told her that as all was the same(payment amounts) he didn't mind the odd interview. He suffers very badly from depression and anxiety and avoids stress at all costs so was happy to let things go as he trusted the system. In the meantime he received a review form and discussed this at his next interview (i am his carer and had to attend each meeting as finds going out in public difficult at times) He and his support Officer were both amazed that he was put in the wrong group especially with all the medical history so he asked a charity to help fill in this review form and sent it off.

 

The problems started a few months later. His payments stopped!!! After contacting the ESA he was told that the group he was in only paid out for 12 months then stopped!!! At no point was he told about this! He could not get Income Related CSA due to his pension raising him over the limit. He kept ringing to get it sorted and asking for them to check the review form put in months ago etc etc but was held up in the medical section. Cutting the story short the review form from the year before was cleared and they put him into the correct group BUT they refused to backdate it and we ended up in debt of nearly £2,000 because of it but could not prove it as it was from family and friends to tide us over as we were certain it would be backdated once they saw their mistake. Well my husband wrote to them explaining everything pointing out that it was a "mistake" on their part for putting him in the wrong group but still they refused to back date to cover the time we went without money. The said that because it was not an appeal and was done via review they did not have to back date it.

 

 

 

 

 

Is there anything we can do about this. The review was sent off 6 months before the payments stopped and contained the same information as the original form.

 

Plz help. We are outside the appeal limitations because we thought we had no chance until i joined this forum. What do you think?

 

The only way you will get this resolved us to contact your local MP and for them to take this up with a DWP minister. Your local MP details will be online and you may be able to phone their office today. Or send them an email with urgent in the subject line.

[WorriedAnnie]

Thanx

 

Email sent, let's hope they can help. Like any idiot can see that somebody medically retired at age 32, registered Disabled, Rated at 50% disabled for IIDB and on Higher rate mobility and medium care DLA (with numerous medical examinations for IIDB-IB-DLA) should be obviously put in the SUPPORT group lol

Edited June 20, 2015 by WorriedAnnie

[sadone]

Remember though to be in the support group It's not about how ill you are, (insane I know) but how his disabilities effect him and does he meet any of the descriptors that go with that particular group.

 

*eta* Ah, reading back I see that they have indeed put him in the support group.

[estellyn]

the only way to go would be to put in a complaint due to misadvice and demand an ex gratia payment due to the poor advice your husband received about the consequences of not appealing and being told his benefit would stay the same, with no mention given to time limiting. The chances of success are small, and it would need to be followed quite a ways up the ladder.