Employment and Support Allowance (ESA)
If this is your first visit, check out the community guide. You will have to Join us or Sign in before you can post.

Concerned about the Coronavirus?


We've put together some helpful information and advice about Covid-19 on our website.

You can also read about: improving your wellbeing, getting food and essentials and claiming benefits during this time.

Failed ESA as I didn't attend yet I received no letter, please help

Basically what's in the title. The council just rang to say the rent is suspended as I didn't attend an esa meeting, I assume assessment. I never got a letter to attend. If I did I 100 percent would of attended. I mean it's the money I live on. I can't believe this is happening. I've been on esa for many years. Hopefully someone can help as I'm very nervous and worried. I think they have cancelled my esa payments going forward. Any help appreciated. I swear I didn't receive the letter

Replies

  • Abdi_ScopeAbdi_Scope Member, DPO Posts: 95 Courageous
    Hi @Mandy1982 welcome to the community and thank you for sharing your problem. It is very stressful to hear that but be assured we are a community that wants to help. We have a free telephone advice to speak to an advisor on benefits. You may also find this group useful




  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    Hi and welcome,

    I'm assuming you haven't been contacted by DWP? Your next step is to request the Mandatory Reconsideration (MR) on the decision to find you fit for work for failing to attend the assessment. You need to state that you didn't receive a letter or a text message telling you about the assessment appointment.

    Have you moved house recently and didn't change your address? If not, do you have problems not receiving your post?

    You can claim housing benefit through nil income so i'd advise you to ring your local council tomorrow morning when they are open to ask them about your housing benefit continuing through nil income.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Mandy1982Mandy1982 Member Posts: 3 Listener
    Thanks poppy. If I request the mandatory reconsideration. Will I do that over the phone and state my reasons? And also theirs zero chance they will pay me in the interim. This is like a horrible nightmare. Just can't believe I didn't get the letter or the letter saying benefits have stopped etc. Just a call from the council today saying no more housing benefit due to them cancelling the benefit. 
  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    You will be contacted by DWP asking you to provide the reasons why you didn't attend the assessment. This will most likely be a letter which you should receive soon.

    Do you have problems with receiving your mail? Maybe you moved house and didn't change your address? do you always open all your post? You will need to give your reasons but it maybe difficult to prove that you didn't receive a letter.

    You won't receive any ESA while a decision's being made on this.

    If you weren't receiving a severe disability premium in a benefit like housing benefit or in with your ESA when you were receiving it.  Then the only benefit you can claim is Universal Credit. If you claim UC then you won't be able to go back onto ESA in the future. If this gets to Tribunal you won't be paid any ESA while you wait for the decision either because you were found fit for work for failing to attend.

    The reason your housing benefit has stopped is because you were found fit for work. It hasn't been canceled, just suspended. DWP share information with local councils. You need to ring your local council tomorrow and ask for it to be restarted due to nil income, tell them you were found fit for work for ESA. Although they may advise you to claim Universal Credit.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
  • Mandy1982Mandy1982 Member Posts: 3 Listener
    I've had no issues receiving mail and always open mail. I'd prefer not to go on uc as I was getting a severe disability premium. Although I guess if I have no choice. I'll have to. Can I not take this to a tribunal? I feel they will be more forgiving infact I believe esa will change their decision once they hear my reasons. Do they really think someone is going to just not turn up with what's going on in the country. Its just so unfair as them not sending the letter could happen and I can never prove such or the mail making a mistake 





  • poppy123456poppy123456 Community champion Posts: 18,500 Disability Gamechanger
    You can't take it to Tribunal without requesting the MR first but you should receive a letter from DWP first asking you to tell them the reasons why you didn't attend the assessment.

    As you were claiming the SDP you can't claim UC anyway, for at least 1 month.

    If you can use the phone then i'd advise you to ring DWP today to ask them why exactly your ESA has stopped.
    Community champion and proud winner of the 2019 empowering others award. This award was given for supporting disabled people and their families for the benefit advice i have given to members here on the community.
Sign in or join us to comment.