Overpayment of ESA

[Maggie]

Re: Overpayment of ESA

Hiya Maggie,

Neither ESA or DLA/PIP are linked and you can claim one without the other or both, remember anything you do or say may be come part of the appeal as they will be submitting evidence as well as you so please keep everything in writing so that you have copies of everything you say and can then better dispute there alligations should that need arise.

I would be requesting all infomation they have as this will have no bearing on your appeal as it will not be conducted by the DWP but a tribunal judge indeed he will welcome this action as it would be saving tribunal time.

You have a right to dispute any and all alligation made and requesting information is a step to achieve that goal.

I would get onto fightback as regards to the ESA 50 as personally I do not think you should be going through another claim so early on.

Hi

Ok no more phone calls everything in writing from now on.

I have tried Fightback, Michelle is too busy this week to give advice.

His last ESA50 was in fact sent back in May of this year, makes you wonder why they have instigated another one so quickly? Bearing in mind it was not meant to be done for another two years! Do you suppose they are up to something else? Don't know what mind.

[Maggie]

Re: Overpayment of ESA

Wishing you all the best Maggie

Have you had a look at Fightback? I follow them on facebook and I know they do some fantastic work.

Thanks Pixie x Yes I too follow Fightback and have donated to their cause...way before I knew I would need help myself
Sadly I am not in their area though we have said we would be willing to travel but Michelle is too busy at the moment.

[pompeyfaith]

Re: Overpayment of ESA

OK do you have all the info you used in your last claim? and has his condition changed since then.

What area are you so I can get the Email for the JC+ district manager

[Pixie]

Re: Overpayment of ESA

It says a lot that Fightback are so busy...

[pompeyfaith]

Re: Overpayment of ESA

It says a lot that Fightback are so busy...

In more ways than one!

[Maggie]

Re: Overpayment of ESA

Good evening all

P F A couple of questions which we need advice on.

1. You have kindly given me the email address of the DM of JC in Lincs where we live and suggest we contact them urgently regarding our situation. The JC who have been dealing with his ESA claim and the letter concerning the overpayment are dealt with at the Cardiff office? It used to be Sheffield but was then moved. Should we still send it to Lincs or find out the DM of Cardiff office and contact them?

2. The letter regarding overpayment again from Cardiff says we can ask for a reconsideration and we can of course appeal, bearing in mind that we have 30days from date of letter 18th Sept. to lodge an appeal. Do we go straight for appeal or a reconsideration? Worried if we ask for a reconsideration and they take their time, then we will be out of time for appeal

A bit like the ESA50 malarkey eh!
There seems very little point in claiming the ESA as he is not entitled to any money anyway! Regardless that he meets the criteria. Just don't think we should roll over and make it easy for them.

thanks

[pompeyfaith]

Re: Overpayment of ESA

1. The email I gave you is for the District Area Manager he deals with all cases of high importance for residents of that area he will liase with the office handling your claim if he needs too.

You can ask for a reconsideration what will happen is you will get a further 30 days to lodge your appeal from the date of reply to your reconsideration request as the reconsideration can be appealed also, my appologizes as I thought you had already gone through the reconsideration process.

So yes request a reconsiderations via letter setting out the issues why you believe a reconsideration to be just and at the same time get the SAR requests off as that will give you more time should the reconsideration not work and also give Michelle time to take on your appeal should it be needed.

I would inform Michelle of this course of action and that if a reconsideration not work you will be needing her services down the line.

Whether to claim contribution ESA will depend on how much pension he gets a week:

"The amount of contributory ESA you get will be reduced if you have an occupational pension of over £85 per week. There are some exceptions to this rule"

I will find out what the exception to the rule is for you.
Regards

[pompeyfaith]

Re: Overpayment of ESA

Pension income rules

If you receive contribution-based Employment and Support Allowance and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Employment and Support Allowance payable is reduced by half of that, which is £7.50.
If you receive income-related Employment and Support Allowance, any pension income you have will be taken into account, regardless of the amount.

[Maggie]

Re: Overpayment of ESA

Thanks PF that is a great help at least now we know which steps to take first. He will get the email to the DM off tomorrow fist thing, also the reconsideration letter outlining why he believed he shouldn't have this overpayment. He has prepared the letter for the SARs which will be posted tomorrow.

Michelle said in her message she was tied up until end of next week, how best is it to contact her to keep her updated?

[pompeyfaith]

Re: Overpayment of ESA

Send her a PM Maggie and say I sent you

[pompeyfaith]

Re: Overpayment of ESA

Thanks PF that is a great help at least now we know which steps to take first. He will get the email to the DM off tomorrow fist thing, also the reconsideration letter outlining why he believed he shouldn't have this overpayment. He has prepared the letter for the SARs which will be posted tomorrow.

Michelle said in her message she was tied up until end of next week, how best is it to contact her to keep her updated?

Fantastic!

[pompeyfaith]

Re: Overpayment of ESA

Did you know that you can submit late appeals and you in fact have 13 months in which to submit a late appeal although the grounds for submitting a late appeal have to be good.

Was told this by JC+ themselves funny how they keep that a secret.

[Maggie]

Re: Overpayment of ESA

Did you know that you can submit late appeals and you in fact have 13 months in which to submit a late appeal although the grounds for submitting a late appeal have to be good.

Was told this by JC+ themselves funny how they keep that a secret.

Thanks again PF we are both very grateful for your advice and support.

No, I didn't know about the 13 month thing but then again as you say they are unlikely to broadcast that. I hate that organisation with a vengeance, not just for what they are putting us through but for all decent people people who are being victimised and tormented at the hands of these people. Then again they are following government orders aren't they?

[Maggie]

Re: Overpayment of ESA

Another question PF

When he sends his letter requesting a reconsideration of the overpayment, should he outline the reasons why he disagrees with the decision or leave that for the appeal process. He is of the opinion that he should include this info at the reconsideration stage otherwise they will just stick with their original decision. What are your thoughts?

Today he received two further letters from them.

1. You are no longer entitled to ESA because of your occ pension...You may need to attend a work focuses interview to continue to receive your ESA...WTF? Have they any idea what they are doing? He is still in the support group at present, ok he gets no money but he is still in this group for now. Why would he need to attend a work focused interview? Lol Barmy buggers.

2 His P45???

[pompeyfaith]

Re: Overpayment of ESA

Yes correct outline the reasons why you believe the overpayment to be wrong.

When you are awarded Contribution ESA you still get NI credits awarded whether you get any money or not so although he is not getting any money he is still having his NI paid

P45?