Life just collapsed - please help

[panicstation]

My husband has been claiming ESA for post traumatic stress and clinical depression for as long as I have known him. Back in 2015 he decided to try and get a job. He found one, he worked for 10 weeks and then lost the plot and had to resign. Prior to starting he told ESA that he was starting a job. They didnt stop his ESA claim, not long after he had a review assessment and was told given his mental health his award would be indefinite. In January this year he was hauled into a fraud interview about working without telling anyone for the 10 weeks he did. He went to bits. Today, he's had a letter to say he owes £10,000. 89 weeks at what ever rate. They aren't fining him and they aren't prosecuting but they are saying for the last 89 weeks he didn't have a claim to ESA, even though he only worked for 10. They say he worked more than that - 13, as he started on April 27th which he has email proof of but his employers are saying he started 3 weeks before that.

However during that entire period he was ill, very ill, at one point so ill he was nearly sectioned. He was awarded PIP. etc.

What can we do? Can he claim retrospectively? His Doctor will support him completely and there has been an ESA assessment to show how ill he was in these 89 weeks. We have no money. I broke my back in May. So we're on ESA as a family and a claim went in to add me to his in April which they are treating as a new claim.

Any ideas? He is currently very suicidal and we're waiting on the crisis team to arrive.

[slainte caragh]

Re: Life just collapsed - please help

Hi welcome to LB.

Sit tight I am flagging this as an emergency! Send my utmost love and wishes to your husband, you are doing so well!! It's going to be alright!

Lots of people here care
[MENTION=6]Amethyst[/MENTION] [MENTION=49370]Kati[/MENTION] [MENTION=39710]des8[/MENTION] [MENTION=98117]warwick65[/MENTION]

[jaguarsuk]

Re: Life just collapsed - please help

From a quick cursory look around the web I believe you can claim up to 3 months ESA backdated, which I know doesn't help the matter and would have to be verified perhaps via CAB.

The fact that they have assessed him after he left the employment and during the last 89 weeks, which confirmed his eligibility makes the decision ridiculous.

Does the letter state that you can appeal their decision?

[Kati]

Re: Life just collapsed - please help

I'll tag [MENTION=2]Celestine[/MENTION] and [MENTION=31453]PAWS[/MENTION] too xx

[slainte caragh]

Re: Life just collapsed - please help

Thanks for coming in guys!

Hold tight lovely, the cavalry are coming!

[Amethyst]

Re: Life just collapsed - please help

Would you be able to do a photo of the letter ? ( email it to me if you like admin@legalbeagles.info )

[panicstation]

Re: Life just collapsed - please help

Sorry for the delay in replying. Thank you for coming back to me. Crisis Team have decided to take him in for his own safety.

The letter says it can be paid back monthly and we have a month to tell them how we intend to pay it. It doesn't mention being able to appeal at all on it anywhere that I can see.

I cant believe one letter can cause such complete chaos.

Thank you once again.

[slainte caragh]

Re: Life just collapsed - please help

it's ok, he comes first love.

I sent you a message you are going to be ok.

Take time for you now, leave the worrying to us!

[Amethyst]

Re: Life just collapsed - please help

I'm sorry it isn't something I know anything about, so this is simply CAB website information until someone who knows how to deal with these things is able to have a look. I think a copy of the letter would help. Good to hear the crisis team arrived and your husband is safe.


https://www.citizensadvice.org.uk/be...-october-2013/

If you can't appeal, you may still be able to ask for a revision of the decision.

• More about changing a benefit decision by revision

It's possible for the revision to result in your benefits being reduced. If you disagree with a revision made after a reconsideration, you can appeal to a First-Tier tribunal.

[panicstation]

Re: Life just collapsed - please help

Ok - but on what grounds? Any ideas?
He told them he was starting work, but when he finished he assumed they knew as a payment came in at the same time. He had a medical assessment about 6 months later for ESA with a Doctor they assigned and was advised to also put in a claim for PIP.
They are arguing he worked for longer than 12 weeks and so the "linking period" (?) was over and he should have put a new claim in then. He didn't and so there is an overpayment even though an the doctor did the assessment and found him to be entitled 6 months after he'd left the job. He has been ill the entire time and they have paid the entire time so it seems all down to him not putting in a fresh claim when he resigned.

[slainte caragh]

Re: Life just collapsed - please help

Panic and I have been chatting.

I have been given permission to say, Mr Panicstations has a brain injury which has led to PTSD and depression. As per forum rules I have not given any PM advice, but maybe it would be a good idea lovely to contact Headway https://www.headway.org.uk/supportin...-brain-injury/

even if it is just for someone in the same position to talk to.

How a government body can not realise this stuff does not go away is beyond me!

For the record, I think you are amazing, so brave!

Don't lose hope love, we aim to sort this for you!

[jaguarsuk]

Re: Life just collapsed - please help

Ok - but on what grounds? Any ideas?
He told them he was starting work, but when he finished he assumed they knew as a payment came in at the same time. He had a medical assessment about 6 months later for ESA with a Doctor they assigned and was advised to also put in a claim for PIP.
They are arguing he worked for longer than 12 weeks and so the "linking period" (?) was over and he should have put a new claim in then. He didn't and so there is an overpayment even though an the doctor did the assessment and found him to be entitled 6 months after he'd left the job. He has been ill the entire time and they have paid the entire time so it seems all down to him not putting in a fresh claim when he resigned.

The key seems to be to prove that he worked 12 weeks or less to them, then the linking period applies and they have made a right cock up. The employer may have paid a week of statutory notice pay which makes it look like your husband worked 13 weeks, you need to identify that he never returned to work after he "lost the plot" and it's likely they'll be an email from his boss at the employer to the HR about it.

If I were you I'd try writing to the employer, explain the full situation and see if they'll confirm his start date and the actual date he left along with whether they paid any notice which wasn't worked. Get your husband to sign a letter authorising them to release information to you.

If they refuse to cooperate or ignore you, then I would send a Subject Access to Information Request to the employer enclosing the letter of authority to release you husbands data to you, it'll cost £10 and they will by law have to provide all records they hold on your husband.

It doesn't say specifically that you can appeal, however you can make a complaint to them once you have info to back it up. At the same time as making the complaint get on to your MP and tell them you want them to raise the issue with Secretary of State for Work and Pensions, which any decent MP wouldn't hesitate to do.

Essentially you need to get evidence to show they're wrong and then put pressure on them to reverse the decision.

[slainte caragh]

Re: Life just collapsed - please help

if you let us know the town you are in we can find out the MP and the contact details love.

[panicstation]

Re: Life just collapsed - please help

Hey. Im just going through his emails now. He started on April 27th and sent the resignation letter on 3rd September which is 18 weeks and 3 days. His employer then paid 1 months pay in lieu in September and then they'd underpaid him somewhere and paid this money in October.

So 6 weeks over the 12 weeks. I had a car crash in May 2015, a week after he started. I don't know anything that happened during this time really. He went to pieces in August as he wasn't coping with full time work and having to be an unexpected house husband with full care of the children. He had 2 weeks off in August to try and get things under control and then resigned.

He had an ATOS medical for ESA in April 2016, which was agreed and he was put on indefinite sickness at that point. I think I have to challenge from then? They were aware and agreed he was ill and I'll get the SAR request in and hope the medical report is part of that information.

I dont know who in their right mind would think its OK to hit someone with known mental health issues with a letter like this. Its incredible.

Thank you.

- - - Updated - - -

We're in Tavistock in Devon.

- - - Updated - - -

We're in Tavistock in Devon

[slainte caragh]

Re: Life just collapsed - please help

http://www.geoffreycox.co.uk/about

this gentleman is your MP.

Fancy making him earn his money?!?!