Forum Home  →  Discussion  →  ESA & other incapacity related benefits  →  Thread

ESA – migration cases – inaccurate IRESA assessments?

Mick Quinn
forum member

Welfare Rights Officer,Northumbria Healthcare NHS Foundation

Send message

Total Posts: 150

Joined: 18 June 2010

“Well Tribunal Judge decided to accept that because DWP recorded they issued a letter to the client to invite IR claim then they have offered this to client despite client advising that letter not received!”

I’m at a re-listed appeal next week after a particularly dim Judge on the first appeal backed the DWP’s argument which is the same as the one you describe. District Judge set it aside and is sitting on the re-hearing themselves. Heading out the office now but back in on Friday. I can e-mail you my argument over then if you would like.

     
From the other side
forum member

CRU/CARF-FIFE

Send message

Total Posts: 18

Joined: 22 April 2014

Hi Mick, I have pm’d you. Happy to accept any advice you have.

     
Mick Quinn
forum member

Welfare Rights Officer,Northumbria Healthcare NHS Foundation

Send message

Total Posts: 150

Joined: 18 June 2010

FTOS- Hope the e-mail came through.

     
From the other side
forum member

CRU/CARF-FIFE

Send message

Total Posts: 18

Joined: 22 April 2014

Sorry, nothing received! Have just checked and it was the right email address I gave!!

     
Mick Quinn
forum member

Welfare Rights Officer,Northumbria Healthcare NHS Foundation

Send message

Total Posts: 150

Joined: 18 June 2010

Have sent you a test e-mail without attachments to see if gets through. Fingers crossed

     
Andrew Dutton
forum member

Derbyshire Welfare Rights Service

Send message

Total Posts: 832

Joined: 12 October 2012

I am still hacking away at this, and making quite a collection of cases. DWP carrying on regardless. 3 years now since they said they would look at the problem.

As mentioned by one contributor above, we are also now getting cases of clients who face recovery of NHS charges and the imposition of penalties as they have received free treatment to which they were not entitled - but to which NHS professionals, having seen the ESA letter, said they were!.

So far, NHS have backed down each time when sent a copy of the ESA entitlement letter and challenged, nicely, to work out what sort of ESA the claimant is on.  But it is further evidence of the sheer uselessness and indeed harmfulness of the ESA ‘assessments’.

     
Andrew Dutton
forum member

Derbyshire Welfare Rights Service

Send message

Total Posts: 832

Joined: 12 October 2012

Are folks still getting these? We are!

It’s worth sticking at it too - a colleague just pursued a case via Complaints Resolution and the client has been paid IRESA backdated to mid-2012, with EDP and SDP.

Total arrears £17,529.25.

I still think DWP needs to review all cases nationally: I picked up another one today.


 

     
NeverSayNo
forum member

Northumbria Healthcare, Welfare Rights Dept.

Send message

Total Posts: 125

Joined: 21 December 2011

Andrew Dutton - 17 March 2017 10:18 AM

Are folks still getting these? We are!

Total arrears £17,529.25.

.....when reading this at the same time as I said “Brillaint” she said “Shocking!” which sums it up really - a great result but shocking that the DWP are not looking in to these routinely.

We are still getting these - my last one was going to tribunal this April until I asked in my written submission for the DWP to answer Judge Wright’s comments in CE/277/2014 about there being no claim to ESA on transfer and about why there will be an error of law if the DWP have not investigated IR-ESA entitlement before converting. This was despite setting out this exact case when we first spotted our client had missed out, again at MR stage and a 3rd time on the actual SSCS1.

It is the client who really misses out, but when you think of the resources used by us getting the DWP to do what they should have done in the first place ..... well that gets my goat!

     
From the other side
forum member

CRU/CARF-FIFE

Send message

Total Posts: 18

Joined: 22 April 2014

I have a case pending UT as Judge at FtT didn’t believe CE/277/2014 applied never mind DWP accepting it!!

     
Dan Manville
forum member

Mental health, Wolverhampton CC Welfare Rights

Send message

Total Posts: 1552

Joined: 15 October 2012

Andrew Dutton - 17 March 2017 10:18 AM

Are folks still getting these? We are!

It’s worth sticking at it too - a colleague just pursued a case via Complaints Resolution and the client has been paid IRESA backdated to mid-2012, with EDP and SDP.

Total arrears £17,529.25.

I still think DWP needs to review all cases nationally: I picked up another one today.

I’ve got a couple outstanding; there’s one back to early ‘13 and I estimate arrears will be sniffing at £14k. Certain charity shops won’t know what’s hit them when that pays out :)

I must have brought in a good £100k in arrears for people this year due to this issue. 5 figure arrears cheques are pretty common.

     
Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 1189

Joined: 14 March 2014

NAWRA is planning to write to Damian Green about this issue pushing for DWP to do trawl of all conversion cases - will update in due course…

     
Dan Manville
forum member

Mental health, Wolverhampton CC Welfare Rights

Send message

Total Posts: 1552

Joined: 15 October 2012

Daphne - 21 March 2017 01:40 PM

NAWRA is planning to write to Damian Green about this issue pushing for DWP to do trawl of all conversion cases - will update in due course…

I don’t suppose you plan to run a book on the answer?

     
Andyp5 Citizens Advice Bridport & District
forum member

Citizens Advice Bridport & District

Send message

Total Posts: 15

Joined: 9 January 2017

Dan Manville - 20 March 2017 09:04 AM
Andrew Dutton - 17 March 2017 10:18 AM

Are folks still getting these? We are!

It’s worth sticking at it too - a colleague just pursued a case via Complaints Resolution and the client has been paid IRESA backdated to mid-2012, with EDP and SDP.

Total arrears £17,529.25.

I still think DWP needs to review all cases nationally: I picked up another one today.

I’ve got a couple outstanding; there’s one back to early ‘13 and I estimate arrears will be sniffing at £14k. Certain charity shops won’t know what’s hit them when that pays out :)

I must have brought in a good £100k in arrears for people this year due to this issue. 5 figure arrears cheques are pretty common.

Same down here, one around £11, 000.

     
Daphne
Administrator

rightsnet writer / editor

Send message

Total Posts: 1189

Joined: 14 March 2014

Dan Manville - 21 March 2017 04:50 PM
Daphne - 21 March 2017 01:40 PM

NAWRA is planning to write to Damian Green about this issue pushing for DWP to do trawl of all conversion cases - will update in due course…

I don’t suppose you plan to run a book on the answer?

There’s probably a bit of an odds-on favourite response I agree! But you have to try…

     
Andrew Dutton
forum member

Derbyshire Welfare Rights Service

Send message

Total Posts: 832

Joined: 12 October 2012

I am now finding that not only are these letters sheer nonsense, the figures used on the notorious last page are usually from about 2013….