CAN I CLAIM HOUSING BENEFIT IF I GET PIP ONLY?

[ugo2slo]

My ESA got stopped but I still get PiP with severe disability premium. My housing benefit got suspended while I wait for my JSA to be processed. I have tried to contact CAB but can't get through and I've looked on line but cant understand weather I can get HB with PIP SDP. 

 

Can anyone tell me  if I can use PIP to get my HB back in payment as my JSA won't be active for another 2 weeks.

[dx100uk]

yes ring the council.

[brassnecked]

Has your area gone Full Service Universal Credit?  advice may vary if it has.

[ugo2slo]

5 hours ago, brassnecked said:

Has your area gone Full Service Universal Credit?  advice may vary if it has.

Yes, it is a full service UC area. But I read the that anyone who received SDP currently or a month prior could not claim UC. Instead had to claim JSA or income support. I am asking if PIP with SDP would put my HB back in payment instead of waiting for JSA 

[honeybee13]

Thread moved to the main benefits forum.

 

HB

[brassnecked]

Why was the ESA stopped? If it was a Work capability Assessment might be worth a mandatory reconsideration.  as SDP indicates you have a disability that severely impacts on your day to day life along with the PIP.

 

Looks like you can apply for the old benefits rather than UC as the migration of people on SDP has been stopped, there being no element in UC to replace it.  I would phone the council HB section and chase them up, as if HB is payable you can put in a NIL Income statement to cover the time you wait for JSA to kick in.  Others should be along soon also Might be worth doing a benefits self assessment on a site like turn2us to make sure you have everything you are entitled to.

[ugo2slo]

My ESA got stopped because I had missed an assessment when I was in hospital with blood in urine and I got harrasted by a DM everyday for a week to provide the hospital admittance and discharge letter. (See my post harrasted by DWP Decision maker).

I am starting dialysis next week due to kidney starting to fail.

 

On a Wednesday She threatened to stop my ESA the following Friday if she did not receive it.

I told her I had sent all medical evidence the day before on Tuesday but from past experience I knew it took atleast 5 days to be entered into the system so the Friday deadline was unrealistic she had made up her mind to stop it already.

 

They received it the next Monday but ESA had been stopped.

I asked for MR and I am awaiting the outcome.

 

I was told I had to claim old style JSA which I did and appointment is far in the 7th May. In the meantime I was told by a stranger at hospital that I could continue to receive HB without claiming any other benefit. As it was late yesterday I asked for advice here but I am calling the council now.

[brassnecked]

Have you written to your MP?  They should be made aware of this, Make sure full medical evidence is passed to DWP again they are unreal for sure. Think this thread should be tweeted to Amber Rudd, as how you can actually fulfill  the criteria and look for work in your condition is impossible.

[ugo2slo]

Thank you.

This forum is not long enough for me to explain what I went through with the decision maker on the phone for two weeks.

 

As this subject is about whether I could get HB whilst being on PP SDP I won't go into to much detail about how I was harassed by the DWP DM.

 

To give you an idea so you could say whether I was harassed, she would call and demand to know why I did not answer the phone earlier, she'd call at least 3-4 times every 1-2 days and worst of all after I had told her I had been in hospital for 5 days with low BP of 72, anaemia and blood in my urine she made me rush to the job centre while she stayed on the phone and called me a liar when I said u could not walk so fast and could hardly breathe so had to sit down. That is when she said I should go to the jobcentre to upload my evidence 

 

I complained to DWP and as they seemed to suggest that she would have stopped my ESA with a good reason but they would pass it on to their complaints department so I said "the police can't investigate the police"

 

when they listened to the tapes they would see that I was treated very badly and my claim closed before they received the letter she put my life in danger to send her. I found it quite convenient when they said they don't record out going calls. It was then that I realized I had no chance.

 

I have not written to my MP because it is her word against mine and it would seem as though I made the complaint because my ESA got stopped.

 

In the MR I said that when the DM called she asked me to show why I missed the assessment or she would stop my ESA.

As far as I was concerned, I did as she had asked by paying for a letter from the hospital and sent it in.

 

As it was received by DWP and clearly shows I was in hospital that day, my ESA should be put back on and I get given a assessment date but I was asking for a home visit as I have dialysis 3 days a week.

 

If you think writing to my MP to expose the way I was treated would help stop bullying by DWP DMs who have a power over us then i will. And if it helps, I recorded my conversations with her.

 

Thank you 

[brassnecked]

That is horrific, and is a good reason to contact your MP, they have to take it seriously that DM is probably treating others the same way.   Is she phoning your mobile Do you record your calls? Call recording apps are available for smartphones.

 

Looking at the dialysis situation, you are on it three times a week, so would have great difficulty fulfilling any JSA obligations around looking for work, so escalating  a Formal Complaint is an option.

 

As you are on old style benefits with the SDP you should be OK for the HB. 

[ugo2slo]

Yes she was calling my mobile and I was recording the calls.

I was unaware that only my side was recording so only I can be heard.

 

But those who have listened to it say it is clear from my responses that I was under duress.

It is just a shame that she can not be heard saying I shouldn't insult her by calling her Madam!

I said as I did not know her name out of respect I call her Madame.

 

I have told the council of a change in circumstance so I hope they will reinstate my HB.

I know there is no way I can work with tubes hanging out my arm but when applying for JSA I had to agree to looking for work.

I will call them now to see what is happening with my complaint.

 

 

 

 

[brassnecked]

Please keep us up to date with progress, some call recording apps don't work on some phones, might be worth checking some other app out

[ugo2slo]

I called DWP to find out the progress of my complaint and after waiting 1hr 23min I got through.

 

I lodged the complaint on 2 April 2019, my ESA got stopped on 4 April 2019.

As of 2 May 2019 my complaint had not even been sent to the complaints department as I did it on the phone.

 

On 8 April I asked for MR and on 12 April I sent in additional medical evidence showing my past and future treatment.

In my MR I said my  complaint is part of it because the DM took it personal and so she could have done anything with the letters i had uploaded from the jobcenter because she still  stopped my claim. And my suspicions were made true when I  received the  outcome of the MR today and it was not reversed.

 

It was stated that it was not changed because I had not provided any additional evidence to support my request. It was dated 23 April 2019 so nothing I sent in was looked at. 

 

Now I think this case has gone beyond what I can handle I will contact CAB to seek advice.

I can apply to tribunal but I can't see how I would win when it is my word against the DWP.

 

They already said they don't record out going calls and my argument is that I gave evidence showing why I missed the assessment and from what I was asked to provide, it should have been enough to get me another assesment. 

 

Do you think I have a case against the lady for wreckless endangerment when I was made to walk  fast to the job center while she continued to threaten me on the phone?

[brassnecked]

Would be very difficult to ground as the phone only recorded your side, you did tell the Doctors about that so at least it's written somewhere.  MP involvement is essential, note down everything that has been done to you in chronological order. 

[ugo2slo]

Yes I am sure you are right because she read the letter I sent in from the hospital and still forced me to walk quickly to the job center.

 

She asked me how long it would take me to walk to the JC, I said about 6 mins she said she would call me back.

 

10 mins later she called and I was out of breath so she accused me of not being me because I was breathing heavily.

"Why aren't you there yet when you said 6 mins and I called in 10"!?

I said it was not a straight walk I had to rest a bit

 

she said stopping fibbing I was no where's near the job centre.

It went on for the next 1 hour until she hang up from waiting for my documents to be uploaded.

 

 

If posting the doctor's letter here is allowed I can do it so you can see what they said about my condition.

[brassnecked]

Get CAB to support you for Tribunal, after all many people are winning there, far more than are losing, so you have a good chance, it's the time waiting for the Tribunal that is the pain in the butt, You could post up the letter nut make sure name and reference numbers etc are hidden.

 

Don't think recklesss endagerment would get very far but there are other issues to be brought up against that DM.

[ugo2slo]

 upload the letter from the hospital.

Scan 10 May 2019.pdf

[dx100uk]

upload above

topic tidied

[ugo2slo]

What does topic tidied mean?

 

If it is asking what the letter refers to, it is the letter I sent to dwp for my ESA after I was admitted to hospital.

 

The lady on the phone ignored it and made me rush to the job center putting  health and life at risk.

[brassnecked]

Topic tidying is removing spurious comments that don't add value and takes the thread off it's purpose to help you.

[ugo2slo]

On 10/05/2019 at 08:24, brassnecked said:

Topic tidying is removing spurious comments that don't add value and takes the thread off it's purpose to help you.

Ok I understand. The purpose of uploading the letter was to show what has put me in the situation I am in when doctor clearly stated I was a very ill person. And missed the assessment when I was in hospital yet ESA stopped and HB stopped. 

[ugo2slo]

You stated that you didn't think wreckless endangerment case could be brought against the DM but if you read the doctors letter, and she had it in front of her when she made me rush aylesdtit 200m to job center in 6min.

 

I don't think I could manage it if i were 100% fit let alone very ill.

And I have not mentioned that I have a fistula under my neck.

 

This is a very serious matter that I must take to CAB.

[brassnecked]

Get the CAB to help you go to Tribunal, and challenge them.

[unclebulgaria67]

This is the DWP guide on WCA referrals.

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/777221/wca-handbook.pdf

 

If you made a complaint via your MP aa well, you might get a quicker resolution.

[ugo2slo]

 

Yes thank you for that. I was all geared up to follow up until I received the DWP response to my complaint against the DM .

 

When I made the complaint I stated to them that "the police can't investigate the police" so I did not expect anything to go in my favour when they said they will pass to their own complaints dept. And having one DM undermine the other would never happen and by no surprise I was correct.

 

It's a shame I am not allowed to upload the letter because you would agree when I say there was a big cover up. Because they say she only called me twice a day after first texting and I did not answer. They say we only had one full conversation when we had more then 6. And they say she dealt with me in a fair and professional manner and was clear about the information I needed to provide!

 

No part of my complaint about being harassed, bullied or threatened was even mentioned. Infact I was made to be the villain and liar. BUT....I never told them I have every conversation recorded and now transcribed. Or that I have my phone records showing calls and 2 texts from her. So now I ask you this question.

 

As they have said I can write or email them and it will be passed to the director general for work and health who will then arrange a response from an appropriate officer "within the department" ( police on police again), do you think I should reveal that I have the recordings and send them one or I just stay quiet and seek advice from CAB or civil legal first? I do honestly think they are now blocking my claim for benefit as I said earlier. 

 

Thank you very much I await your reply.