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I need some a advise

ZX9girlZX9girl Posts: 5Member Listener
edited February 6 in Universal Credit
Hi I New 
I really need help and advise please no doubt this will be a reg question and no doubt poor outcome for me. July 8th after being on ESA in Support Grp was awarded Nil Point  After being in support for 3 years I proceeded to MC again they would not change Mind I proceeded to Tribunal and waited. As payments has been stopped while I was visiting at my parents home i have had no option but to stay at their home. Ex still lives at home we both own and in no way would help in any way shape or form. Just proceed to make life much more of a hell on top on the mobility problems i now find myself in. In September 2017 I had no option but to try to get some kind of benefit. And after talking to them I was informed to proceed to UC. It was made clear that I was fighting for ESA , My work coach had/has been brill and has not pushed for me to look for work as he has said it def clear you are not fit enough. Jan 14th i attended the Tribunal and won placed back into Support Group. I have supplied Certs to UC I had back payment from July to Sep 2017 put into my account. And have since been given the run around galore unable to talk to my Case Manager spent 1hr 35 mins waiting on ESA to ans call. They have said I will be getting no more back pays from them and I will stay in UC and I will not be getting anything further from UC. I should also have been told to claim PIP which should be backdated to Sep. I just do not know where to go how to proceed and to be honest find this so so life destroying. This on top of health issues that will not get better but pos an op to help reduce pain temp. Advanced arthritis of facet ,Neck,Sacrium as well as heart and thyroid and long term depression. I remember an nasty piece of work told me as you work for us, Min than was said i just switched of. Until this is sorted out I just cant return home and proceed to sell that home I have not been able to return to because I could not feed myself at all. Let alone bath cause no way would ex be inclined to help in any way shape or form. While I really would love to crack on and if could take **** Amber Rudd to court if had monies galore know it prob would make very little difference. I just need persons help to move on try to get enough to try live on and try to get as well as pos to get back into work. Thanks from a very down broken stressed and upset person 

Replies

  • Antonia_ScopeAntonia_Scope Posts: 1,334Member, Administrator Scope community team
    Hi @ZX9girl welcome to the community.

    Thank for sharing this with us. I am sorry to hear this, some of our members will hopefully be able to support you with this.
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    Hi,

    When were you found fit for work for ESA and when did you start your claim for UC? Sorry it's not clear in your post of the exact dates. Did you attend the Tribunal in January 2019?

    Unfortunately, you won't be able to go back onto ESA as you've claimed UC. Can you also please verify whether or not you've had a work capability assessment for UC since you started your claim? If you have then what was the decision on this please?

    You also say that you should have claimed PIP but didn't and that it should be backdated to September. I'm afraid that's not correct. You can't backdate a PIP claim to a date before you started a claim. If you apply for PIP and are successful then you'll be backdated the money to the day you started your claim.

  • ZX9girlZX9girl Posts: 5Member Listener
    edited February 5
    They claimed I was fit for work July 8th 2018 and claimed UC on there advise when spoke to ESA after informing them I was awaiting Tribunal date Sept 2018 but was on ESA from 2015. No work Assessment for UC mentioned offered or discussed And yes Tribunal hearing was 14th Jan 2019 
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    edited February 5
    Sorry, i've had to re-read your long comment above and trying to understand it. Then i tried to find a link that i could post and show you that DWP are infact correct. You'll only receive backdated money from the day you were found fit for work for ESA and your UC claim started.

    This was copied and pasted from this link. Scroll down to the paragraph that starts in bold with When do your legacy benefits end and your UC start?


    If you were disputing a legacy benefit decision when you transfer onto UC, any entitlement you are subsequently awarded can only be paid up to the date you transfer onto UC.

    This means that DWP are correct and you'll only be paid backdated money up to the day your UC claim started.

    I hope this answers your questions.

    Also have a look at the PIP descriptors.







  • ZX9girlZX9girl Posts: 5Member Listener
    Poppy123456 Thank you for the reply but to be honest i just don,t seem to be able to fully understand. I suspect while ESA is no longer available because I was advised to transfer to UC. Easy and one less problem for ESA to deal. And as I was fighting for this and won.  it has become a legacy benefit and due to my circumstance of having to move from my home address that UC now need to take the Legacy Benefit into consideration and now need to look to add elements of pay to UC and another F2F in order to determine the award and back date to start of claim in September. And if was to get PIPS that to will be back dated to September. I am so sorry my brain just don,t seem to be able to process all of this. Is there anyone I can contact who can advise and dare i say handle any or start correspondence to help me get correct benefit/ s someone who knows this new nasty system of rules reg,s and law,s Really Sorry if long crap post again 
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    Legacy benefits is the name used for the old benefits and yes ESA is one of them.

    The reason you can't go back onto ESA is because you claimed UC. As you were appealing the ESA decision and then claimed UC then DWP only owe you money to the day you claimed UC.

    Have you been sending in sick notes for your UC claim? If you have then your work coach should have referred you for a work capability assessment assessment. If they haven't already done that then you'll need to put a note on your journal to ask them to refer you.

    For a PIP claim i'm sorry but as you haven't yet started a claim then it won't be backdated to September. Once you start a claim for PIP, if eventually you're successfully awarded then it will be back dated to the date you rang to start your claim off and not backdated to September. 

    If you do decide to apply for PIP then once you receive the forms you should contact either citizens advice, welfare rights or a law centre near you for help filling in the forms.
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    Hi,

    I have just found some information about your UC LCWRA and your ESA Tribunal decision. It means that DWP should place you into the relevant group for UC, which is LCWRA. You do not need to send in sick notes and you should contact UC and tell them that a your recent Tribunal decision was to place you into the Support Group for ESA and that you should be given the LCWRA for UC.

    http://www.cpag.org.uk/content/esa-uc  This was taken from that link.
    A claimant entitled to old-style ESA and for whom it had been determined that s/he had limited capability for work-related activity or was treated as having limited capability for work-related activity (ie, was in the support group) when s/he claimed UC is treated as having limited capability for work-related activity for UC.12 This should also apply regarding a claimant who established this on mandatory reconsideration or appeal concerning ESA.

    If you don't understand this then i'd advise you to get some face to face advice from an advice centre near you. Welfare rights or a law centre is always a good place to start.

    Good luck.


  • ZX9girlZX9girl Posts: 5Member Listener
    Thank You so much I been trying to call and speak to the case Manager Nahda have sent messages via Journal Nahda only response is from wk coach. Dame understand they must be so over whelmed but it is so so upsetting and really degrading to just get a total blank of a response.In my youth I used to wk for what was DHSS but at least I tried and did talk to claimant,s and sorted out loads of issues for them. Again Thank You so much the last post you sent has said the UC I am on is not what I should be on and just needs to be changed by Case Manager. And their should be something more to come going back to when i claimed UC.  
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    You're welcome. Well you're claiming the correct benefit ...UC because you can't go back onto ESA but as explained they should give you LCWRA element because of the Tribunal decision. The only person that can change this is a case manager and i really don't believe that it was one of those you previously spoke to.
  • ZX9girlZX9girl Posts: 5Member Listener
    I rattled my fab wk coach he just responded as he has done from day 1. He has contacted my Case Manager direct and asked if he can look at my case fingers crossed. He is the one who has pushed i apply for PIP and has in no way been pushing even said if I was a faker deserved an oscar. Cant even recall whole conversation as to why that comment came to be.  He on the 2 meets 2nd more so informed staff he did not want me to come up to he desk he would come down 
  • poppy123456poppy123456 Posts: 8,546Member, Community champion Brian Blessed
    Hopefully it will finally be sorted and you'll be given that LCWRA. Good luck.


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