Re appointments and recording

[avalon60]

I received all the Appeal documentation the other day, and I have spent a good few hours going through it. And its a good job I have done.

 

From page 1 I have found assertions and conjecture relating to my disability. Some of the answers to my specific questions are straight out of a text book or manual, and do not go anywhere to answer my questions.

 

I have typed up 5 pages of notes relating to the assertions etc, which I will use when the case goes to court.

[avalon60]

I received a second Doctors letter this morning and I scanned onto my PC as a copy.

 

I then finished an introduction letter to the courts and tribunal service saying what what I was enclosing: 2 doctors letters, proof of receipt of the first letter and 5 pages of contradiction notes where I disagreed with the assertions in the bundle I received.

 

I then went into town and hand delivered them to a security guy behind a desk, and telling him who they were for.

So at least now I know for sure that the courts have all the required documentation from me.

[rebel11]

Hi avalon

 

Good to see your being pro-active, are CAB still helping you? Have you updated them with the latests treatment from the DWP?, how does that stack up with the DWP Charter to their customers?

[avalon60]

Yes I have an appointment with CAB in about 2 weeks, and I have updated them with how DWP have treated me.

 

I received a letter from Welfare Rights this morning saying they had also received the same bundle as I had. I have now an appointment with one of their appeal people next Wednesday.

[rebel11]

Good progress, keep updating.

[avalon60]

Ok, I went for my ESA appeal this morning, and it was heard by a qualified female doctor and a male judge.

 

After they asked me some questions about my disablement, I can now say that I have been awarded an extra 6 points on top of the 9 points I already have. So I now have 15 points and can get ESA payments now, I hope!

 

The appeal took about 25 minutes or so, and I was asked to wait in the waiting room. After about 5 minutes I was called back into see both the doctor and judge, who gave me the good news. I have this in writing now, and see that the other side will also get the same decision.

 

So hopefully it shouldn't be too long before I start receiving payments again. Just on that, do or should I have to do anything, like tell DWP , apply for esa again etc.

[rebel11]

Thats excellent news. Just keep an eye on DWP and your payments, you shouldn't have to do anything. But don't take it for granted they will get your payments right.

[avalon60]

I'll give DWP until the middle of next week, and if I don't hear anything from them, I think that I will ring them, and see what they say.

[**Margaret**]

avalon60,

 

Reading back through your thread it appears that your award of employment n support was based on your National Insurance contributions, and therefore time limited to three hundred and sixty five days (clue's in the letter that you received with an end date of March 14). Unless the tribunal panel found you to have limited capability for work related activity (support group).

 

Any mention on the Decision Notice of a schedule 3 descriptor? Or reg 35? If not, you've got your fifteen points for limited capability for work, but after a year payments are income related, dependent on your income and savings, and your partner's if you have one.

 

If I've guessed correctly, any arrears of the work related activity component that you were due before March will be paid. Can take up to three months. Ongoing payments don't need a new claim, but do need a change of circumstances declaration. Should you need it, there's an ESA3 form at #8 of;

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?379103-ESA-problems-have-disrupted-council-tax-benefit-husband-terminally-ill

 

And some more info;

 

https://www.gov.uk/government/publications/employment-and-support-allowance-leaflet

(Page 9)

 

A controversial issue that you probably didn't expect.

 

Best wishes, Margaret.

 

 

 

 

 

[avalon60]

Apologies for the late response here, but I have been giving DWP a chance to let me know what is happening.

 

Last Monday gone, I ended up phoning DWP about my claim as I still have not had anything in writing. The person who I spoke to told me that as I am in a work related activity component, and as any previous payments were based on NI contributions and only paid for a year, I have now ran out of, or don't have anything left to be paid any further ESA. In other words my payments have stopped and will not be elegible to be paid anything else.

 

So, even though I have now got 15 points, it means nothing as far as receiving any benefit is concerned.

Also it would seem that I have wasted time and effort in persuing my ESA claim, as well as other peoples time.

 

I have thought about contacting my MP about this, and the fact that I have not had anything in writing from DWP, but as what has been pointed out to me, that might be a waste of time also.

 

The thing is, I only have another 8 months to wait before I get my State Pension, and even if I did receive ESA now, I probably would not be able to claim it when I am been paid my State Pension.

[**Margaret**]

:avalon60:

 

Not quite the whole truth! Unless you're in a universal credit area; by my reckoning you're due about nine months (from week fourteen to week fifty-two of your claim) worth of arrears of the work related activity component at £28ish per week. But as it can take Jobcentreplus up to three months to process a tribunal decision, you may be waiting a while yet.

 

You're correct in that employment n support can't be claimed after state pension age.

 

Margaret.

 

 

[avalon60]

I am not receiving any benefits whatsoever, and not received any ESA since end of March. This is because I am told that we, my wife and I, receive more than what DWP deem as the bottom limit, ie more than say £200 per week.

 

Do you think it is worth contacting my MP about my situation, or would there be no change as it were.

 

From your previous message, on the decision notice it says:

5. No Schedule 3 descriptor applied. Regulation 35 of the ESA Regulations 2008 did not apply.

 

Is there anything I can do at all to get any further ESA payments, or have I come to the end of the line now?

[**Margaret**]

:avalon60:

 

To continue to receive ongoing payments of employment n support you would have needed a schedule 3 descriptor or reg 35 to apply to your capability for work related activity and be awarded the support component. Whoever you spoke to, advised you correctly that employment n support with the work related activity component is time limited to three hundred and sixty-five days, unless you and your wife have low/no other income or savings above £16,000.

 

But, from what you've written you're entitled to arrears of benefit from week fourteen of your claim until March 14. As I said earlier, it can take Jobcentreplus up to three months to process tribunal decisions. If you've not heard anything by February (yes I know it seems ages away, but it's par for their course) letter via recorded delivery to your benefit delivery centre with a copy of the decision notice and an enquiry as to why you've not received the arrears.

 

The only useful intervention from your Member of Parliament would be help, if necessary, to get the arrears.

 

As you and your wife are now on a considerably reduced income have you checked whether you're eligible for housing benefit/council tax reduction?

 

Best wishes, Margaret.