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Waiting for Assessment decision and confusing letter received.
- Nathan1965
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8 months 4 weeks ago #288441 by Nathan1965
Waiting for Assessment decision and confusing letter received. was created by Nathan1965
Hi, I had an assessment for Esa six weeks ago and have just recieved a letter from Jobcentre pluls Beginning: "Your Claim for Employment and Support Allowance - Changes to Social Security Benefits." It goes on to say that from 12th April 2024 to 18th October 2024 my ESA will be £90.50 a week and it will end after this because I will have reached the limit of 365 days for contribution based ESA.
It also gives a breakdown of how the ESA has been worked out and says that I can apply for a Mandatory Reconsideration within 28 days if I disagree with their decision.
Is this effectively a letter saying I have been placed in the WRAG group, or is this just a standard letter, due to the yearly uprating of benefit amounts. The fact that they say I will be on ESA for the 365 days makes me feel that the former situation is most likely.
I am very confused and don't want to telephone them unless I absolutely have to.
thanks,
Nathan.
It also gives a breakdown of how the ESA has been worked out and says that I can apply for a Mandatory Reconsideration within 28 days if I disagree with their decision.
Is this effectively a letter saying I have been placed in the WRAG group, or is this just a standard letter, due to the yearly uprating of benefit amounts. The fact that they say I will be on ESA for the 365 days makes me feel that the former situation is most likely.
I am very confused and don't want to telephone them unless I absolutely have to.
thanks,
Nathan.
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- Gary
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8 months 4 weeks ago #288460 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Waiting for Assessment decision and confusing letter received.
Hi Nathan1965
You applied for NS ESA and you have been placed in the LCW group. This lasts for one year from when you appliedfor NS ESA, if you had been placed in the support group then you would stay on CNS ESA indefinitely (until you are next re-assessed).
You can appeal against the decision to place you in the LCW group, you first need to get hold of a copy of the assessors report called a UC85 and then if eligible apply for a mandatory reconsideration.
To get in the support group you have to pass two tests, you passed the first test to get placed in the LCW group but failed the second test, see our guide from page 27; help-for-claimants/esa1 .
I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .
Gary
You applied for NS ESA and you have been placed in the LCW group. This lasts for one year from when you appliedfor NS ESA, if you had been placed in the support group then you would stay on CNS ESA indefinitely (until you are next re-assessed).
You can appeal against the decision to place you in the LCW group, you first need to get hold of a copy of the assessors report called a UC85 and then if eligible apply for a mandatory reconsideration.
To get in the support group you have to pass two tests, you passed the first test to get placed in the LCW group but failed the second test, see our guide from page 27; help-for-claimants/esa1 .
I would advise you to seek help from your local Welfare Rights Organisation; advicelocal.uk .
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Nathan1965
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8 months 4 weeks ago #288465 by Nathan1965
Replied by Nathan1965 on topic Waiting for Assessment decision and confusing letter received.
HI gary, thank you for your reply.
while I was waiting for someone to respond, I searched the site and found two other posters in a similar situation with the same letter:
www.benefitsandwork.co.uk/forum/10-dla-e...-esa-letter-confused
www.benefitsandwork.co.uk/forum/10-dla-e...rity-benefits-letter
The consensus here was that it was a standard Annual Uprating of Benefits letter and the time of year corresponds to that. Are you sure it's an actual decision letter as I am extremely stressed by the prospect of contacting them unless I absolutely have to?
Many thanks,
Nathan.
while I was waiting for someone to respond, I searched the site and found two other posters in a similar situation with the same letter:
www.benefitsandwork.co.uk/forum/10-dla-e...-esa-letter-confused
www.benefitsandwork.co.uk/forum/10-dla-e...rity-benefits-letter
The consensus here was that it was a standard Annual Uprating of Benefits letter and the time of year corresponds to that. Are you sure it's an actual decision letter as I am extremely stressed by the prospect of contacting them unless I absolutely have to?
Many thanks,
Nathan.
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- Gordon
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8 months 4 weeks ago #288470 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Waiting for Assessment decision and confusing letter received.
N
You are referring to posts from 6 and nearly 10 years ago, so not to be relied upon anymore.
The letter you have received appears to be the annual Entitlement Letter, but the reference to an End Date for your claim implies that a Decision has been made to award you Limited Capability for Work as Gary advised previously.
There should still be a Decision Letter and now that a Decision has been made you can request a copy of the ESA85 assessment report.
Gordon
You are referring to posts from 6 and nearly 10 years ago, so not to be relied upon anymore.
The letter you have received appears to be the annual Entitlement Letter, but the reference to an End Date for your claim implies that a Decision has been made to award you Limited Capability for Work as Gary advised previously.
There should still be a Decision Letter and now that a Decision has been made you can request a copy of the ESA85 assessment report.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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- Nathan1965
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8 months 3 weeks ago #288487 by Nathan1965
Replied by Nathan1965 on topic Waiting for Assessment decision and confusing letter received.
Thank you Gordon. The letter is dated the 20th February and only arrived on the 28th. Nothing at all about a decision on it and no decision letter yet. I guess I will have to bite the bullet and ring them as no doubt they will be counting the 28 days from the 20th Feb even though I got is 8 days later.
It's really ridiculous, without this forum I would have just left it and waited for an actual decsion letter and then have lost my right to a Mandatory Reconsideration. How do they expect people to understand what to do when they "imply" things and don't state them. No mention of LCW anywhere on their letter and no menion of assessement outcome whatsoever. No doubt, no point in complaining either... I feel thoroughly sick.
As soon as I get through to them and establish that I have been deemed LCW then I'll ask for an ESA85 as you advise.
Many thanks for your help,
Nathan.
It's really ridiculous, without this forum I would have just left it and waited for an actual decsion letter and then have lost my right to a Mandatory Reconsideration. How do they expect people to understand what to do when they "imply" things and don't state them. No mention of LCW anywhere on their letter and no menion of assessement outcome whatsoever. No doubt, no point in complaining either... I feel thoroughly sick.
As soon as I get through to them and establish that I have been deemed LCW then I'll ask for an ESA85 as you advise.
Many thanks for your help,
Nathan.
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- Gary
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8 months 3 weeks ago #288503 by Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gary on topic Waiting for Assessment decision and confusing letter received.
Hi Nathan1965
Best time to contact DWP is first thing in the morning, try 8:50 am, if they are not open end call and re-dial.
Gary
Best time to contact DWP is first thing in the morning, try 8:50 am, if they are not open end call and re-dial.
Gary
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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