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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

ESA – migration cases – inaccurate IRESA assessments?

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NAI
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Dan Manville - 04 July 2017 01:30 PM

Someone on the helpline just said to me “they’ve realised they’ve missed a lot of these” just now.

an absence of excreta comes to mind…

:-)

Daphne
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Daphne - 03 April 2017 09:46 AM

Just for interest - you can see the letter to Damian Green on the NAWRA website. I’ll update when we have any response. If I don’t hear I will write again and some of those case studies might be useful to put pressure on…

NAWRA resent the letter to David Gauke when he became SoS - we have just received the attached holding letter from Penny Mordaunt

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MickD
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If these cases are not sorted out before people are migrated over to Universal Credit, I can’t see them ever being sorted out.

Daphne
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indeed - particularly since they can’t migrate people over correctly who are in receipt of the correct amount of ESA - https://www.rightsnet.org.uk/forums/viewthread/11307/

From the other side
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Update on my case that I had taken to UT, received letter from DWP Legal department confirming that arrears should have been paid as the assessment for IR ESA should have been carried out before the conversion decision was issued.

Happy to provide copy of suitably redacted correspondence to anyone that is having similar issues.

Mick Quinn
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I would like a copy, cheers

From the other side
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Have sent it to you.

Andrew Dutton
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I’d be grateful for a copy too.

stevenmcavoy
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given my other thread id love a copy of that!

stevenmcavoy
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Mick Quinn - 21 September 2016 05:17 PM

“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.

id love to see this too

steven.mcavoy at enable dot org dot uk

From the other side
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Hopefully those who requested the correspondence have received it! Although you will also be aware that they have not fully accepted paying arrears back to date of conversion but treat as error in law from date of decision in   LH v SSWP (esa) [2014] UKUT 480 (AAC) . I had got over exited when they stated they wished to bring matters to a swift conclusion!!

Think allowing UT to continue could be appropriate!

stevenmcavoy
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From the other side - 31 August 2017 02:43 PM

Hopefully those who requested the correspondence have received it! Although you will also be aware that they have not fully accepted paying arrears back to date of conversion but treat as error in law from date of decision in   LH v SSWP (esa) [2014] UKUT 480 (AAC) . I had got over exited when they stated they wished to bring matters to a swift conclusion!!

Think allowing UT to continue could be appropriate!

i havent got it.

if they accept it as an error in the decision, why arent they backdating?

Andrew Dutton
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I have just heard from yet another claimant who has been caught up in the NHS charges vs IRESA problem, who has been told that the NHS is doing a ‘100% check’  on all people who claim health costs, and imposing penalties on those who don’t qualify.

If this is the case, this is a chance to raise as many cases as possible with the NHS, who have responded to none of my letters on the matter so far, to show how many claimants have been underpaid owing to DWP error, and how many others have been confused by the poor-quality information they have received from DWP.

Andrew Dutton
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http://www.bbc.co.uk/news/education-41639456

Great Zargs, has someone finally noticed????????

From the other side
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http://www.bbc.co.uk/news/education-41683011

One of the examples given relates to ESA client!

My UT case regarding incorrect migration procedures should be early December!