Claimed UC then submitted an MR and had ESA decision overturned.

[Jmulv]

Hi guys,

 

I took part in a WCA not long ago (I've been on ESA WRAG for the last year and this was a reassessment). They found me fit for work but I hadn't been able to secure all my medical evidence in time so instead submitted it along with my MR and the decision was overturned and I got letter saying I had scored the 15 points.

 

Now here is the confusing part..... before I had all my evidence (and could submit my MR) I had to claim universal credit for around 4-5 weeks. I didn't fit the gateway conditions but I didn't have a choice at the time. I wasn't informed I am living in a "Live service" area and should have claimed old style JSA instead of UC

 

I was just told to claim UC, now that my decision has been overturned will I go back onto ESA or will they try keep me on UC? I'm concerned as it means I lose out on money and apparently will be subjected to harsher conditionality (And shouldn't be on UC in the first place). I don't even live in a full service area. Does anyone have any idea what will happen? or what my next steps should be?

 

There wasn't a change in my circunstances at all I was just forced to wait for more medical evidence and then appeal the decision and had to make a claim for UC or i'd have been without money.

 

Thanks in advance for any help. Universal credit is really making a big mess of things.

[spitfire1964]

I would have thought that they would be obliged to put you back on ESA, if that is what you have appealed and you appeal has been accepted, its as you were so to speak, they put you in that position of having to claim another benefit ( UC ) "but for" the DWP you would still be claiming ESA, you are entitled to claim UC, you exercised that right whilst appealing the ESA decision.

 

Tell them that you want to go back on ESA and any benefit lost, should also be requested, the ball is in your Court now, not the DWP's, winning your appeal should in theory now give you the upper hand.

 

And you are right about UC, its designed to complicate matters, the DWP are masters of this.

 

Someone more qualified on this might have a different view, but clearly you want to go back on ESA, so request this and see what they come back with, but I think you will be ok and have tackled the main problem. SF