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ESA and PIP
- Ypres
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10 years 8 months ago #124898 by Ypres
ESA and PIP was created by Ypres
Evening
I had my ESA and PIP decision. I have phoned both numbers and asked for a reconsideration. What happens now as I feel hopeless .
I had my ESA and PIP decision. I have phoned both numbers and asked for a reconsideration. What happens now as I feel hopeless .
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- Gordon
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10 years 8 months ago #124900 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and PIP
Ypres
I am sorry to hear that you have had this double "whammy".
We recommend that you follow up you phone request with a letter for both benefits, administration has undoubtedly improved but the call centre staff have not.
The Mandatory Reconsideration process is the same for both benefits, however, there is some additional information that you will want to be aware of.
there are Appeal & MR guides in the members area
www.benefitsandwork.co.uk/help-for-claimants/esa1
www.benefitsandwork.co.uk/help-for-claimants/pip
Once your MRs are accepted you should be contacted to arrange for the DM for both claims to talk to you, this is an opportunity for you to explain why you think you meet the criteria for the benefit. You then have an opportunity to make a written submission or to provide further evidence in support of your claim, you will then be told whether the Decision will be revised and if not you can then lodge an appeal.
For ESA only, while your MR is being looked at then you can claim JSA, you should be able to make a minimum Job Seeker agreement although you will still have to conform to that agreement at the risk of your JSA being sanctioned. If you do not feel you are capable of claiming JSA then I am afraid that you will not be able receive any payments until an appeal has been lodged with the Tribunal Service. Claiming JSA will not impact on any MR or appeal.
If you are receiving Housing Benefit then the DWP (ESA) will have notified them that you have been found Fit for Work, you can either make a zero income claim or notify them that you are claiming JSA.
I'm afraid, without more details we are limited in the advice we can give, if you have any questions or more information, then please reply to this post and we will do our best to help you.
Gordon
I am sorry to hear that you have had this double "whammy".
We recommend that you follow up you phone request with a letter for both benefits, administration has undoubtedly improved but the call centre staff have not.
The Mandatory Reconsideration process is the same for both benefits, however, there is some additional information that you will want to be aware of.
there are Appeal & MR guides in the members area
www.benefitsandwork.co.uk/help-for-claimants/esa1
www.benefitsandwork.co.uk/help-for-claimants/pip
Once your MRs are accepted you should be contacted to arrange for the DM for both claims to talk to you, this is an opportunity for you to explain why you think you meet the criteria for the benefit. You then have an opportunity to make a written submission or to provide further evidence in support of your claim, you will then be told whether the Decision will be revised and if not you can then lodge an appeal.
For ESA only, while your MR is being looked at then you can claim JSA, you should be able to make a minimum Job Seeker agreement although you will still have to conform to that agreement at the risk of your JSA being sanctioned. If you do not feel you are capable of claiming JSA then I am afraid that you will not be able receive any payments until an appeal has been lodged with the Tribunal Service. Claiming JSA will not impact on any MR or appeal.
If you are receiving Housing Benefit then the DWP (ESA) will have notified them that you have been found Fit for Work, you can either make a zero income claim or notify them that you are claiming JSA.
I'm afraid, without more details we are limited in the advice we can give, if you have any questions or more information, then please reply to this post and we will do our best to help you.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Ypres
- Topic Author
10 years 8 months ago - 10 years 8 months ago #124901 by Ypres
Replied by Ypres on topic ESA and PIP
Thank you for the advice.
I've been placed into the WRAG and feel that I should be in support with my current physical and mental issues. What is really upsetting is that I had to fight to keep my previous career but Atos who carried out the medical found me unfit to work and lost my job.
My current position is far worst now and now I've been placed into WRAG.
I've been placed into the WRAG and feel that I should be in support with my current physical and mental issues. What is really upsetting is that I had to fight to keep my previous career but Atos who carried out the medical found me unfit to work and lost my job.
My current position is far worst now and now I've been placed into WRAG.
Last edit: 10 years 8 months ago by Gordon.
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10 years 8 months ago #124902 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA and PIP
Ypres
This is not that an uncommon situation, the assessment criteria are very different, one is looking at your capability to do a particular job and the other is looking at your ability to do any job. By placing you in the WRAG the DWP are agreeing that you are Unfit for Work.
To be placed in the Support Group you need to meet one or more the SG criteria.
Qualifying for the Support Group
If you are in the WRAG then you may be required to attend WFIs and to participate in Work Related Activity, whilst your JC+ advisor should take into account any limitations that result from your conditions, some of the activities may be mandatory and subject to sanction if you do not conform. There is a guide to the administration associated with being in the WRAG and avoiding sanctions, see the ESA link previously posted.
Gordon
This is not that an uncommon situation, the assessment criteria are very different, one is looking at your capability to do a particular job and the other is looking at your ability to do any job. By placing you in the WRAG the DWP are agreeing that you are Unfit for Work.
To be placed in the Support Group you need to meet one or more the SG criteria.
Qualifying for the Support Group
If you are in the WRAG then you may be required to attend WFIs and to participate in Work Related Activity, whilst your JC+ advisor should take into account any limitations that result from your conditions, some of the activities may be mandatory and subject to sanction if you do not conform. There is a guide to the administration associated with being in the WRAG and avoiding sanctions, see the ESA link previously posted.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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