Author Topic: Please help!! Benefit stopped!  (Read 27824 times)

SteveX

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Please help!! Benefit stopped!
« on: 16 Apr 2014 02:12PM »
I went for a medical and I got a brown envelope today, I'm not entitled to ESA and my money had been cut.

IS THERE ANYTHING I CAN DO?

there is nothing about appealing in the documents I got, I'm in a TERRIBLE state..  Please god help me before I do something very bad.
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SteveX

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Re: Please help!! Benefit stopped!
« Reply #1 on: 16 Apr 2014 03:26PM »
Please...

I don't know what to do, is my rent stopped also?

Nowhere on the paper is appeal mentioned so I can't appeal?

So I either go sign on and be put through the stress and anxiety of JSA until I become so Ill I collapse and die?    ..I can't take this
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NeuralgicNeurotic

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Re: Please help!! Benefit stopped!
« Reply #2 on: 16 Apr 2014 04:11PM »
Steve  >bighugs< >bighugs<

I'm so sorry that this has happened to you. You guys across the water have different rules for challenging ESA decisions, so I'm not able to advise you about that, but please don't do anything drastic. There are lots of people about here who are familiar with the appeals process, and who can give you the guidance you need right now.

ditchdwellers

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Re: Please help!! Benefit stopped!
« Reply #3 on: 16 Apr 2014 05:29PM »
Hang on in there.  Someone will be along soon who can advise you  >hugs<

SteveX

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Re: Please help!! Benefit stopped!
« Reply #4 on: 16 Apr 2014 05:31PM »
Ok..  I'm trying.
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KizzyKazaer

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Re: Please help!! Benefit stopped!
« Reply #5 on: 16 Apr 2014 05:33PM »
Hi SteveX, I'm very sorry you had this outcome - from October last year, the appeals process for ESA and certain other benefits was changed in that now you have to ask for a 'mandatory reconsideration' first from the DWP decision-makers themselves before any appeal to an independent tribunal can be considered.

Firstly you need to contact the DWP for an explanation of the decision and a request for them to look at this decision again (mandatory reconsideration).  Do you feel able to telephone them?

SteveX

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Re: Please help!! Benefit stopped!
« Reply #6 on: 16 Apr 2014 05:35PM »
Hi SteveX, I'm very sorry you had this outcome - from October last year, the appeals process for ESA and certain other benefits was changed in that now you have to ask for a 'mandatory reconsideration' first from the DWP decision-makers themselves before any appeal to an independent tribunal can be considered.

Firstly you need to contact the DWP for an explanation of the decision and a request for them to look at this decision again (mandatory reconsideration).  Do you feel able to telephone them?

Hi and thank you.

No, there's no way I could phone them, is there any other way?

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KizzyKazaer

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Re: Please help!! Benefit stopped!
« Reply #7 on: 16 Apr 2014 05:40PM »
You could either write to them or visit the nearest JobCentrePlus office - or someone could phone on your behalf as long as you're next to them to confirm your basic identity details; any helpful friends or neighbours you could ask tomorrow?

SteveX

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Re: Please help!! Benefit stopped!
« Reply #8 on: 16 Apr 2014 05:42PM »
You could either write to them or visit the nearest JobCentrePlus office - or someone could phone on your behalf as long as you're next to them to confirm your basic identity details; any helpful friends or neighbours you could ask tomorrow?

I think the best bet is writing as neither myself or my mum are in any state to use the phone.
Their address is on the letter but no real instructions on how I do this.

Do I just post them a letter with my name and adders and say please reconsider or do I have to say more?

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KizzyKazaer

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Re: Please help!! Benefit stopped!
« Reply #9 on: 16 Apr 2014 05:50PM »
I've found some very useful easy-read FAQs on mandatory reconsiderations on the open-to-public part of the Benefits and Work site:  it's probably quicker for you to look at these than for me to post them!

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-appeals/mandatory-reconsiderations#mr5

You mentioned your rent - an ESA nil-decision notice will automatically be sent to the Housing Benefit department of your local council, so you will need to inform them as well that you have been left with no income and are requesting a DWP decision to be looked at again. 


KizzyKazaer

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Re: Please help!! Benefit stopped!
« Reply #10 on: 16 Apr 2014 05:57PM »
.. and as to 'saying more', it would be useful for you to have a written statement of reasons from the decision-maker so you can pinpoint just why they withheld points on whatever descriptors - so when you ask for your MR, request that statement of reasons as well and then you can follow it up with more information and any evidence that you can obtain from docs etc

Richard_D

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Re: Please help!! Benefit stopped!
« Reply #11 on: 16 Apr 2014 06:39PM »
Would it be possible to claim Housing Benefit to cover the rent due to nil income in the area where they are?
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Hurtyback

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Re: Please help!! Benefit stopped!
« Reply #12 on: 16 Apr 2014 07:45PM »
Once the mandatory reconsideration has been carried out, if the decision is not overturned, you can then make a formal appeal to the Tribunal Service. At this point ESA payment will restart at the assessment rate - you will need to submit fit notes (used to be called sick notes) for this to happen.


Mandatory Reconsideration is supposed to take 2 weeks but there is not legal time-limit. You can claim JSA meanwhile, the fact that you have been found 'fit for work' makes this possible. You can ask to see the disability advisor, or even (once you have made the claim) phone in sick as you are allowed 2 periods of sickness whilst on JSA.

SteveX

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Re: Please help!! Benefit stopped!
« Reply #13 on: 16 Apr 2014 08:19PM »
Once the mandatory reconsideration has been carried out, if the decision is not overturned, you can then make a formal appeal to the Tribunal Service. At this point ESA payment will restart at the assessment rate - you will need to submit fit notes (used to be called sick notes) for this to happen.


Mandatory Reconsideration is supposed to take 2 weeks but there is not legal time-limit. You can claim JSA meanwhile, the fact that you have been found 'fit for work' makes this possible. You can ask to see the disability advisor, or even (once you have made the claim) phone in sick as you are allowed 2 periods of sickness whilst on JSA.

Thank you.

I am not going to claim JSA as to me thats like me admitting I'm fit to work, my mum is going to help me survive over the next couple of weeks thankfully, we have worked things out which will keep my bills paid for the next 3-4 weeks max.

I am working on a letter now asking for the reconsideration but I really don't know how to word it so I hope its ok.

I'm in total panic and my heart is pounding I can feel it hammering.  I know I expected this but the reality of it hurts a lot more than I thought, if it wasn't for my mum dashing around to comfort me today I wouldn't be here now and thats the truth. 

I don't know how these people can sleep at night for the stress and heartache they cause people.   >crying<
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Sunshine Meadows

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Re: Please help!! Benefit stopped!
« Reply #14 on: 16 Apr 2014 09:02PM »
I have been somewhat out of action today so just seen this thread.

Dont lose heart.  >bighugs<The reason the Government put Mandatory Reconsideration in place was because so many people were winning appeals. They know the wrong decision can be made which is why the Decision Maker has to look at it again if you ask for that to happen.

When you write to ask for a reconsideration also ask for a copy of your ESA 85a which will tell you more about how the decision was made. Also if you can get to see your GP ask them about the ESA113 they might have been asked to fill in and if they did fill it in ask for a copy.