Employment Support Allowance (replacing IB from Oct 2008)

[sheppeyescapee]

Hi Leashy is the ESA you are on income based or contributions? If you are on income related you might be able to get help with the interest payments of the mortgage - http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_180321

[curlysue]

Why are benefits such a hassle??!

Good question! A cynical person might say that it's because the DWP would prefer it if you didn't get what you're entitled to...

CSx

[leashy11]

Contribution based unfortunately despite the fact I would qualify for income related and I already get a top up to keep me on the same amount I was on when I got IB so I can't even be on income related at the same time.

[sheppeyescapee]

Oh Not sure what else to suggest, will ask around and see if there is anything I haven't thought of

[star gazer]

leashy, I had a thought is it possible that as technicaly you are entitled to ESA (I) can you do the paper work to convert over from ESA (C) then you can access the other bits through income based. I am sure that if my circustances had changed ie husband lost his job then i could switch over as my income levels would be low enough. I didnt qualify for income based as husband works full time.
might be worth calling the dwp and saying you qualify for Income based and is it possible to change over, the only other thing is when you 365 days on contributions based is up they will offer you the chance to move over to income based ( so thats why I am thinking can they not change you over now which could then passport you to the other help)
dont know if my brain wave was any good might have been more like a brain trickle
love
sg x

[trekster]

Here's the link to the permitted work whilst on ESA

http://www.direct.gov.uk/en/MoneyTaxAnd ... /DG_171909

Here's a link to the benefits checker from 'Martins Money tips' a free email about saving money and budgeting.

http://www.moneysavingexpert.com/family/benefits-check

There's an ESA form to change to 'Income Based ESA' i think it is called ESA3 or something. Mods can you
provide a link?

Leashy, did you pay too much stamp or have too much savings? (6k) If not then I would try and transfer over
to Income Based ESA. What's your CAB or disability advice centre like?

[midnightangel]

I was on Income support (due to disability) but was 'automatically' switched to ESA, so I had to fill in the form (I had help from a disability support group) and was called to an Atos medical - before I had even returned the form! The medical was a joke, I was kept waiting for an hour, and barely examined. The doctor said she had no information about me (obviously as the form had not been processed) and she did not even examine me. She asked questions and moved on before I could expand on answers properly...I guess you all know how they operate!

The upshot is I have been put in the Work related activity group (which I know is better than being put on JSA).... I have looked up so much info, but I have no idea what this really means. I know that I am in no state to work, after a day I would be a wreck. I don't know if I should appeal, or what happens after I attend their "interviews"? Should I just go and let them see just what it would do if I tried to push myself that far or what.

I am so upset and angry at constantly having to prove that I live every day and night in pain!!! What is wrong with these people... i wish they could live a day in my body

[curlysue]

Midnightangel, I am quite shocked that you were called for a medical before you'd even sent the forms back. You'd think even the DWP would follow their own rules!

The website www.benefitsandwork.co.uk has helped a lot of people on here - they have detailed information on ESA and guides that will help you prepare a good appeal should you wish to do so.

The WRAG, from what I understand, means that they understand you can't work now but that you might be able to work in the future. You will have to attend 'work-focused' interviews at the Jobcentre which I think are aimed at finding out what kind of work you could do. I think it involves some kind of compulsory activities in return for your benefit, such as training or pain management courses.

There have been some scary stories out there about workfare on the WRAG (I don't know whether there has been a U-turn on this or not) but they can't force you to take a job.

If you want to appeal and get put in the Support Group then the B&W website (link above) has good guides.

Good luck!!!

CSx

[star gazer]

hi midnight angel, curlysue is right in what she says, i was originaly in the wrag and attended the compulsory interviews but did not have to attend any activities as they could see that i was not well enough for any work related activity at that time, i had to attend 6 sessions i think, sign a form to say I had attended this allowed release of my benefit, if you fail to attend they can cancel your claim. If you want to appeal wrag you need to do this within a month of your decision, you can submit a late appeal but would have to show a very good case for doing so. If you are on esa contributions based your award will be limited to 365 days after which you will be able to renew your application and possibly go for another medical if they decide that you continue in wrag you will no longer receive any money but can appeal for support group which is not affected by the 365 day rule. if you are on esa income related you will not be bound by the 365 day rule. from reading your post you would have good grounds to appeal as your medical took place without your paperwork or evidence. unfortunately ATOS medicals are triggered by a different system so every now and then someone gets called for a medical before they submit an esa50 which in my view is wrong because the whole idea of the esa50 is to provide information and evidence. As curlysue says many of us use benefits and work who provide fact sheets and info on everything to do with DLA and ESA they also have a forum to ask quesions or seak advice to do with esa and dla, appeals etc.
As a foot note I was in the wrag contributions and up to the 365 limit, I was called for a medical after submitting my esa renewal and med evidence and two weeks later heard that I was put into the support group (i fit within the support group descriptors on quite a few elements). prior to that I had to go to the job centre to meet with my advisor (this was after the wfi's) and she reviewed all my med stuff and said no more visits to job centre, and she would phone me at home every now and then to see how things were going. I think if you have a good advisor they can be flexible about travelling there if they can see how it impacts on you.
best wishes
star gazer

[leashy11]

I don't have any savings so I must have just paid alot of NI or whatever while I worked, fancy being punished for that??! I will look into switching to income related though, that's the best idea so far so I'll get the ESA3 form (providing they actually send it this time) and go from there. Our CAB office closed years ago and the nearest one is over 30 miles away which is too far for me to travel.

Midnightangel I'm not sure if this is because I do permitted work already but I recently had my first work focused interview and got told at the end of it she will either phone me or call me in after 3 months to discuss what I've agreed to do which is basically look into the permitted work and how to continue after the 52 weeks and apply for council tax benefit and that's pretty much it. After that she said she will likely phone me once a year and call me in once a year so no mention of having 6 interviews or anything else scary. I think it must be because of the permitted work because during the interview she did say I was already taking the steps they try to encourage you to take by doing permitted work so perhaps that's why I got off so lightly? It was also with the same advisor I used to see every couple of years for IB so not in the slightest bit worrying or difficult so if you've already been called in for IB you might get the same person. My personal advisor is really nice and spends alot of time trying to figure out if you qualify for any other benefits, I will admit though I took the B&W advice and was careful what I agreed to do on my "plan".

[DeeNJai]

Hi
I had my interview at JCP today. I think it went ok he was understood about fibromyalgia and also told him about the other problems that I had. He said as I am appealling then he couldnt offer me anything because of the appeal. I havent heard anything since the letter I got in March about they had received my appeal.

I will let you know when I hear anything about my appeal.
Dee
PS: I have been put back on anti-depressants and could be on them for upto 2 years. It is a shame in 8 weeks i would have been off them for a year.

[curlysue]

Hi all, stressing out a wee bit now as my CAB appt to help me fill in the forms (was supposed to be today) has been put back til next week, the day before the deadline! Apparently the idea is to fill in the form at the CAB office and then post it... but I hate leaving things til the last minute and now I'm very anxious about it.

So I'm sat with the ESA50 and the Benefits & Work guides and am aiming to do most of it myself. I've come across a thing called 'exceptional circumstances' which isn't on the ESA50 but it is on the B&W guide. It seems to suggest that if you could prove working would significantly worsen your health this could mean you would be placed in the WRAG or even the support group.

I believe this could apply to me as the only reason my symptoms are livable-with at the moment is because I lead a very gentle life, and if I feel my symptoms are worsening I can rest. When I worked, my symptoms were a lot worse and the continued exertion of work led me eventually to be incapable of standing or even sitting up (in hindsight due to very severe POTS altho' I didn't know this at the time).

The doctor I saw at UCLH (Prof M's registrar) wrote a letter to me recommending I avoid certain activities which may exacerbate my low blood pressure. On this list are things like 'exercise', 'hot environments' etc. I wonder if I could cite this as supporting evidence.

Has anyone else considered the 'exceptional circumstances' rule and if so were you successful? Would be great to hear from you...

CSx

[mazza111]

In a wee bit of a dilemma at the moment.

Daughter was originally put on ESA for depression (long story, lost her job after her boyfriend committed suicide)

Went for a medical around the beginning of October.

Told she scored 0 points.

Wrote to them and appealed, mentioned the other problems, ie the broken ankle and the mobile joints.

Got a reply yesterday, she still scores 0 points as they won't look at the other problems, just the depression.

Now as you can imagine, things have got progressively worse since the beginning of October. Broken ankle on 31st Oct that caused her to be in cast for 5.5 months. Opposite knee dislocating constantly, since been diagnosed with Patella Alta and will probably need surgery. Having physio for her knee at the moment, starts physio on her ankle in a couple of weeks time. Physio has diagnosed HMS but hasn't seen a rheumy as yet.

I personally think she should start a new claim given all that's gone wrong in the last year. However, they have said it will go to tribunal, and should take it from there. However the tribunal won't look at her problems now, just the depression that she was originally suffering from. Any thoughts of advice on this would be welcomed

[curlysue]

Hi Mazza,

How frustrating - but I don't think they can do this surely - it might be worth heading over to www.benefitsandwork.co.uk and asking a question on their forum. It's open from 2-4pm and 8-10pm weekdays.

CSx

[mazza111]

Thanks CS