Page 2 of 13 FirstFirst 123412 ... LastLast
Results 11 to 20 of 128

Thread: Heellpp.! !

  1. #11
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,648
    I had assumed that you were in Support Group. (I thought you had said that in an earlier post).

    Being in WRAG makes sense of your figures, it will also mean that all of your ESA is Income Related.
    (Because you can only have CBESA WRAG for 52 weeks).

    So yes if you claimed UC now you would lose the £64.30 SDP.
    (You might get it back later as Transitional Protection, but as I say the Draft Legislation is not clear on that at all).

    Good to hear that you have the Disability Resource Centre to help you as well, they should know what they are doing.

    PS. You can just phone to ask for MR, and/or send a letter setting out your reasons why you don't agree with the decision.
    If you can manage for a while then it may be best to talk to the Resource Centre first, but remember you normally only have a month to ask for MR.
    And as Jard rightly says get doctors Fit Notes (sicknotes) organised so that you can claim backpay for this period without benefits if/when you go to tribunal.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  2. #12
    Senior Member
    Join Date
    May 2014
    Location
    Kings Norton, Birmingham
    Posts
    164
    Jard.

    Great tip about getting a fit/sick note, and I've been on the case today, and should be in receipt of one by Monday.
    I was wondering about the back dated pay, and how I'll stand with that issue.

    Nukecad.

    Yes, having the resource centre on my side should be helpful.... I tried getting through to them several times today, but couldn't get a reply so I'll try them again in the morning.
    I'll call the D.W.P. tomorrow and ask for the M.R.

    That's quite a scary drop income wise if I put a claim in for U.C. and I'm hearing that once you make a successful claim for U.C. there is no road back to E.S.A. so I'm very wary of that.
    I've been to the C.A.B. in Birmingham city centre today, to start off the whole tribunal process, but all they could do was give me a number to call.. so that's another job for the morning.

    I've let the Housing benefit and Council tax benefit teams know that I've now got zero income, so at least there'll be a roof over my head.

    Going through this next month or so with no income is going to be very tough, but do I have any alternative do you know?

    Many thanks to both of you and the others who've replied to this thread... I'd be lost without you guys.

    I'll keep you all posted... Gary.

  3. #13
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,648
    I've got a WCA next week so I expect to be going through the same very soon.

    But I don't have SDP so my money will be about the same.
    All the other crap will be the same.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  4. #14
    Senior Member
    Join Date
    May 2014
    Location
    Kings Norton, Birmingham
    Posts
    164
    I'd wish you good luck Nukecad, but luck doesn't come into this at all... you "WILL" be found fit for work no matter what you do, or present to them...somebody is going to be paid well to find you so.
    I'm starting to suspect that we're being trapped into having to go onto U.C.
    Look at my circumstances for instance... My E.S.A. has stopped.... ceased.... finished... I'm not going to get any income at all, unless I claim U.C.
    Yes I'll be starting the appeal process as soon as I can, but how long is that going to take me?..... and all the time it does, I will receive ZERO income unless I go onto U.C.
    Do you see where I'm coming from?... it feels like some bazaar trap to me... Gary (unhappy)

  5. #15
    Senior Member nukecad's Avatar
    Join Date
    Jun 2014
    Location
    West Cumbria (Lake District)
    Posts
    9,648
    You are not the only one to suspect that.

    For six months or more I've been suspicious that we seem to be seeing quite a few straight from Suport Group to Fit for Work decisions reported.
    You would normally expect a progression SG>WRAG>FFW - not SG>FFW in one step.
    It seems even more suspicious when you see (some of) them get given UC-LCWRA (the equivalent of Support Group) again after appeal.

    The argument against that suspicion it that with the proposals (almost definite now) for Transitional Protection to be backpaid for those who have been Naturally Migrated in this way it probably will not save them any money anyway so why do it?
    They'll start migrating everyone next year whether they've had a WCA or not anyway.

    All in all I now think it's just the dysfunctional assessment system making wrong decisions as usual, or maybe more than usual because they are rushing to clear huge backlogs of reassessments.

    But suspicions are one thing, proof is another.
    Of course if someone could find any proof they are doing this then there would be a very big stink indeed, maybe enough to bring the government down for one lie too many.
    Last edited by nukecad; 30-08-18 at 23:52.
    I don't know everything. - But I'm good at searching for, and finding, stuff.

    Migration from ESA to Universal Credit- Click here for information.

  6. #16
    Senior Member
    Join Date
    May 2014
    Location
    Kings Norton, Birmingham
    Posts
    164
    Yeah Nukecad, the whole thing has a funny smell to it to me. Like you say, there is no progression in some cases.
    The massive backlog of reassessments is having a knock on effect to every part of the appeal process too.
    Just trying to get somebody to take a phone call is hard work, so out of frustration yesterday I made a couple of personal visits instead,
    In both cases, the people in the queue in front of me, were there for exactly the same reasons.

    I'll "TRY" and contact the D.W.P. again today to find out what I'm supposed to do for income now, but again I suspect I'll be pointed straight towards U.C.
    I honestly wouldn't mind going onto that if there wasn't going to be such a huge drop in my income, but it may be the only option I have.
    I'll also be asking them for the M.R. and at the same time try and get an appointment booked with the Citizens Advice Bureau to start the appeal ball rolling.
    It will be very helpful if the Disability Resource Centre actually answer their phone as well today.. I hope they're not closed until Monday, because the clock is ticking for me.

    Good luck with whatever you try and get sorted out yourself. Gary
    Last edited by Garyunsteady; 31-08-18 at 05:27.

  7. #17
    Senior Member
    Join Date
    Dec 2014
    Posts
    1,681
    If you in a full service area then you will not be able to apply for JSA. It will have to be Universal Credit with all the downsides - you will not get paid for 5/6 weeks on UC although you can apply for an advance payment which will have to be paid back from future UC.

    Of course it is entirely your decision but a few things to remember if you decide not to claim UC.

    Your Housing Benefit and Council Tax Reduction should continue. You will continue to receive your PIP.

    A mandatory Reconsideration should not take longer than a few weeks, If the decision is not changed and you go to tribunal you can ask to go back on the assessment rate of ESA. Your severe Disability Premium will be paid with this so all you will lose out on is the WRAG extra money. If the tribunal find in your favour then the award will be backdated to when your ESA stopped (minus the amount you receive whilst waiting for the tribunal to take place). As already said you will need fit notes from when your ESA first stops until the tribunal decision.

    I think you need to get your MR in asap. so that your time without any ESA is as short as possible. You could do this yourself - there is a handy form here

    https://assets.publishing.service.go...ade-by-dwp.PDF

    Have you got any new evidence to send with the form? You need to state where you disagree with the 0 points and why. I will try to find a link to help you.
    Last edited by pmlindyloo; 31-08-18 at 10:43.
    I try my best

  8. #18
    Senior Member
    Join Date
    Dec 2014
    Posts
    1,681
    I try my best

  9. #19
    Senior Member
    Join Date
    Dec 2014
    Posts
    1,681
    Some useful pointers about what to include when challenging the decision. The link is about completing the ESA50 but should give you some ideas of how to word your MR.

    https://www.citizensadvice.org.uk/be.../fill-in-form/

    Of course if you decide that financially you are able to not claim UC whilst doing the MR then help from the professionals is the best option.
    I try my best

  10. #20
    Senior Member
    Join Date
    May 2014
    Location
    Kings Norton, Birmingham
    Posts
    164
    The D.W.P. decision maker rang me this morning after I requested it, so that they could explain their decision.
    I took that opportunity to request the M.R. and she took some notes about myself, and the difficulties my condition causes me, and she put that request into motion for me.
    I've been in touch with the Disability Resource Centre, and they advised me to visit my local J.C.P. so I did.
    They also advised me to start a claim for U.C. so that at least I'll have some income while this business is in motion.
    I'm aware that there's no going back onto E.S.A. once you move onto U.C. but I have a feeling as E.S.A. is being phased out eventually (that's just my opinion of course)

    I'll be going to the J.C.P. again on Monday to take in the required documents to start a U.C. claim.
    My weekly rent statement... an explanation of my condition (this will be a supporting letter written by my G.P. plus my Sick / Fit note which is for 3 months to start with.
    Both the J.C.P and D.R.C. told me that there are two rates of U.C.
    There's the basic "Job hunter" (Fit for work) rate which is the lower rate, and there's a higher rate for the "Unfit for work"
    So the way I'm seeing things is that if your G.P. signs you off as sick, and you claim U.C. there will still be a drop in my income, but hopefully not a severe as I thought.
    This way I'm leaving the door open for a tribunal, and not being completely broke.
    I've spoken to the rest of my family (I've got no kids of my own) and they've agreed to support me financially while I go through the next few months thank Christ.
    Time will tell now I guess.... have a great weekend Girls & Boys

    Gary

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •