ESA Claimants: A New Trick From The DWP

Of course there is a connection between the Work Capability Assessment and death; how much clearer could it possibly be?

Of course there is a connection between the Work Capability Assessment and death; how much clearer could it possibly be?

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ESA claimants mind a new trick out of the DWP’s hat!

If you have worsened after failing an ESA test and claim ESA again, they can now make a new ‘assessment’ just a couple of days after your phone claim, without waiting for your new evidence.

They say they can ‘assess’ you on the basis of the previous evidence. They say that this counts as a new full Work Capability Assessment. Unfortunately, a judge has recently decided that they can do it, oh dear.

This means that you cannot claim ESA again because it is unlikely you worsen again in a few day. You will also have problem with claiming JSA. Since you were not paid a penny of ESA after your second claim the Jobcentre telephonists will tell you that you are not allowed to claim JSA and will direct you to Universal Credit.

Let’s admit, this is diabolical.

Source: ESA Claimants: A New Trick From The DWP | Same Difference

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8 thoughts on “ESA Claimants: A New Trick From The DWP

  1. Silvar Starr

    Her reply underneath was slightly better news
    “Josephina Hollingdean Just phoned to our client. He didn’t claim Universal Credit. He hanged up and phoned New Claims a second time the day after. Eventually a reasonable telephonist allowed him to claim JSA… phew! Waiting for two reconsiderations now.”

  2. Dez

    Jeez when these scum bags are on the case they even use judicial baseball bats to avoid paying out anything or preventing access to a fair system…..they are the lowest of the low. motherless sods

  3. toocomplex4justice

    Here are another good one. They stop all of your benefits for no reason whatsoever and claim to be investigating why they can see that a cancellation was actioned but cannot see the reason. They tell you not to worry because you will get back all the money that is owed. If you protest that you will starve to death in just over a week they ignore you and repeat that you will be given back any money you owe. With no income you cannot get a loan or mortgage so In desperation you cash in your pension or sell part of your house or rent out your bedroom and sleep on the sofa. After a suitable period of around 7 weeks so that you have passed the deadline to pay back any lump sums that could have been returned without penalties the DWP will apologise for ending your payments and start paying them again after subtracting the amount you got or are getting from the desperate deal you made. In effect they get to steal your pension or property from you and they will say it was your choice to do so even though it was Hobson’s choice.
    Then to rub it in if it was a cashed pension they can “accidentally” give the tax man an incorrect code which you will not realise until your pension payment is taxed at source so you don’t get it from your pension provider but it is still deducted from your ESA. The tax man claims that he cannot refund these sort of payments but will decuct it from next years tax bill. If you don’t usually pay tax there will be nothing to deduct it from next year.

    The complaints resolution team find this hilarious and you can’t escalate to the independent case examiner or tribunal because there is no final decision, it is policy and you cannot complain about policy. You can complain that you were given incorrect information and you may even get 50 quid consolatory payment as a “tangible apology ” for their mistakes but you won’t get full reparation for your losses. You could have taken them to a civil court but CaMORON got rid of legal aid and changed the rules so that even if you win your case you have to pay your own court costs, so if you win you still lose and while you are going through all this process they will be lighting new fires under you every few weeks for you to deal with so that eventually there are so many issues you would need staff working for you to keep up with it all. Eventually they can label you as a vexatious complainer and do as they please and just ignore your protests.

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