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Thread: Forced to claim Universal Credit whilst Appealing old style esa

  1. #1
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    Post Forced to claim Universal Credit whilst Appealing old style esa

    I have recently had to claim universal credit as I lost on mandatory consideration and put in appeal.
    I had nothing coming in bar child tax credit of 60 a week.
    I received a letter stating that they have overturned the decision and I will continue to be treated as having LCW and as a result and entitled to esa from and including Feb 2019.
    This was decided without me having to attend a tribunal.

    Does this mean I will get it all back dated and how long will it take .
    I have not received my first payment of uc yet and not due until 27 December

    I don’t know where to go from here ?

    The decision is not yet showing online

    I’ve been on this many years until it got stopped in February.

    Universal credit is only being given at normal rate .
    Can it be switched back ?

    I’ve also applied for PIP again cos this also got stopped . I asked for mandatory months ago when this was stopped but never heard anything back although this whole problem is all down to post being stolen as it’s a block of flats

    Also with my severe mental health anxiety and depression issues I just allowed it
    Silly I know

    Obviously my child tax credit is stopped as Well cos it’s all in one


    Help ??

    Advice ??

    What do I do now ??

    I have not received decision On new pip claim yet and obviously I’m
    Going to challenge the back date of this


    I’m going to be so much worse off
    Procedure?

    Difference in amount?

    What do I do
    Head is all over the place

  2. #2
    Senior Member nukecad's Avatar
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    Once you have claimed UC you can't go back to ESA.
    (Unless you were entitled to SDP with the ESA in the month before you claimed UC, in which case the UC claim becomes invalid in law - but that doesn't seem to apply here).

    You say that ESA stopped in Feb, but haven't given a date when you claimed UC? (I assume it's less than a month ago if you haven't had a payment yet).
    Did you ask for an Advance Payment of UC? You have to pay it back over time if you do.
    https://www.gov.uk/universal-credit/...-first-payment

    It might also be useful to know the date on that revised award letter, and if it came from the DWP of from the appeal tribunal.

    What should happen now is:

    1- Your ESA will be backpaid from when it stopped to when you claimed UC.
    (When you can expect that will depend partly on who that letter was from).

    2- You should put a note on your UC journal, in the payments section, about the revised ESA award letter and send a copy of the letter to UC. The UC people won't know about it unless you tell them.
    Tell them that you want the award to be included in your UC from the start of your UC claim "in accordance with Regulation 19 of The Universal Credit (Transitional Provisions) Regulations 2014." (Use those words).

    3- Have you been awarded LCW (ESA WRAG) or LCWRA (ESA Support Group)?
    LCW should be added to your UC, but there will only be a payment for it if your original ESA claim was made before April 2017.
    LCWRA would mean an extra payment whenever you first claimed ESA.
    It may take a while to get this added to UC, they can be slow about it, but it should be backdated to the start of the UC claim.
    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.

  3. #3
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    The letter is from Dwp
    It was 11th December

    It was less than a month ago I claimed universal credit
    Yeh had an advance paynent

    Been on esa about 6 years

    Was getting SDP

  4. #4
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    I haven’t heard back from PIP yet about new claim
    And it’s looking like they never received my madatory reconsideration or they did and I never received their reply

  5. #5
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    Thanks for replying
    My head all over the place

    I’m worried that this will now affect my first payment of universal credit
    Which obviously I would not mind if I had my old style esa Back as I am far worse offs
    It’s Xmas I have kids and I can’t afford to even give them a good Xmas
    I feel such a failure
    I just buried my head
    And women’s centre were meant to help and other agencies and I just got jet down by them

  6. #6
    Senior Member nukecad's Avatar
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    Quote Originally Posted by Djt42 View Post
    The letter is from Dwp
    It was 11th December
    First things First:

    As the letter is from DWP themselves then there is a chance that the ESA backpay will not take long to come through.
    (If it had been from the tribunal then it would have taken a few weeks at least for the DWP to act).
    I'd check your bank ever day or 2 to see if backpayment has been made, although it maybe a bit too soon yet.

    It would be nice if you get it before Christmas, and there is every chance that could happen - Fingers crossed for you.

    As you have already had an advance then you are going to have to wait until the 27th to get your first UC payment.
    That should be made as normal, it's nothing to do with the ESA decision.

    The thing to remember is that UC and, ESA, (and PIP) are different benefits run by different departments.
    Departments who don't communicate with each other very well.
    When contacting them you have to talk about their particular benefit.

    Was getting SDP
    At the risk of confusing you.

    That may complicate things later, but not yet - It depends on what you do with the PIP issue.

    As it stands you do not seem to have had PIP in the month before you claimed UC, so were not entitled to the SDP. (No PIP = No SDP).

    However if you do challenge the PIP decision, and get it backdated, then your SDP entitlement returns for the time before you claimed UC.
    Which would then make your UC claim invalid in law, and so it should be reverted back to ESA.
    It's one of the very few circumstances where you can go back to ESA after claiming UC.

    That is all complicated and is not going to happen anytime soon, but it's something to bear in mind if you do get PIP backdated to before you claimed UC.
    If you do manage to get PIP backpaid to before you claimed UC then come back and I can tell you who to contact about getting changed back from UC to ESA.

    Are you getting any help with all this?
    You can find advice organisations near to you by putting your postcode in here: https://advicelocal.uk/find-an-adviser
    If you make an appointment with one they can see your paperwork, and help you fill in any forms, make a lateMR/appeal about the PIP, etc.
    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.

  7. #7
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    Oh my god
    You are absolutely brilliant
    I have been going out of my mind

    I’ve rang esa this morning and they are going to call me back within 3 hours
    I’ve asked similar to what you said but I’ve got myself in that much of a state I couldn’t get it out

    I’m now on the phone to PIP helpline to see what is happening with the new Claim/ existing one which I am challenging,

    I’ve not slept all weekend I feel ill with stress.

    No I’m
    Not getting help, only by friends , I was meant to be by women’s aid cos I am a victim of DV and high risk but ahe failed to turn up 7 occasions
    Didn’t even text then I just get passed with mental health and others from pillar to post

    I then end up at doctors cos I just don’t / well can’t carry on
    It’s just a vicious circle

    I want this sorting so I can then tackle other issues
    I need to find housing
    They were meant to be helping me with me that too

    You Have been amazing

    Thanks so much


    To see what

  8. #8
    Senior Member nukecad's Avatar
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    Like I say you have to try and take it one step at a time, and try to keep focused on the benefit you are talking about at that time.

    Even though they do overlap to some extent, the UC people don't know about ESA, the ESA people don't know about UC. (Same for PIP).
    They only know what they have been taught about for their own job. And that is often very poor training.

    So if you try to talk about your ESA appeal (other than the outcome) to an everyday UC telephone jockey they won't want to know about, that's not their job it's the ESAs job.
    Same with ESA they don't want to know about UC, that's not their job it's UCs job.

    We've taught ourselves about both (and the laws/rules behind them) because we want to help, they just want to do their job and go home.
    They are also under a lot of time pressure.
    They only get so long for each call and if they go over they get official warnings, so they don't really have time to listen to things about other benefits.

    So it's up to you to try and keep to the point of whichever benefit office you are ringing at the time.

    You may still want to look for other local advice, use that weblink I gave you.
    Whilst Womens Aid seems to be focused on supporting the DV aspect they don't realy seem to give benefits advice, their website advises you to seek other organisations to get advice with benefits.
    A local benefits advice organisation will be better for sorting out your benefits.

    Whilst we can give advice here we can't see your letters, of help you fill in forms, or even telephone the DWP for you.
    That last can be very helpful if you get tounge tied on the phone, you can talk to the advisor, they can sort out what's important and then call the DWP with the questions.
    You often find that the DWP are better when talking to an advisor, they know that the adviser knows the law/rules - probably better than they do.
    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.

  9. #9
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    I know I got myself into a right state this morning

    The first woman at Esa was really patient and really helpful and understanding

    And was quite knowledgable, which is a rarity and explained similar to you, but obviously I’m waiting on PIP decision, then that is then clear the process to take and get back to the old esa and PIP

    She said that my money could be paid today if they wanted to , but had to get someone higher to call me and In the meantime to chase the PIP and then they would let me know if / how to revert the decision
    But we now have a new claim with PIP
    and a mandatory consideration that they haven’t received that I will have to sort and if successful on both
    Go from there

    Then after establishing that
    This man rang me Back , the one who was higher and was going to explain

    He was rude

    Told me I was On UC

    That’s it

    That I had got me esa from the period on letter

    It will be in when it’s in

    He said I will know amount When it’s in

    Then said
    It’s not up for discussion

    I’ve told You
    Now I’m not going into it

    You get your UC on 28 th
    Not listening to your whining

    That’s what it is

    Then slammed phone down

    No goodbye

    The call
    Was over in less than 2 mins

  10. #10
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    Oh and PIP that we’re also calling me back again a caseworker or higher to look at my case and advise me what to do

    Never called Back

    So just wait now

    X
    But Thank you

    I will he taking your advise

    You have been so ciear
    Concise

    Explained it in a way I can. Understand and given me the right direction to go in
    Stages
    Websites / links for Help and advice
    And it’s really really helpful
    Thank you

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