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Everything posted by leemack

  1. Time limited cont based ESA if in the WRAG - after one year (retrospective), no more benefit if you don't qualify for income based ESA.
  2. Surely if you're receiving housing benefit, you already completed a claim - this form should just be to indicate your wish for council tax benefit also to be paid. Unless of course they are asking for a full review of your benefit, in which case if you don't complete the form, your benefit stops. I realise there has been some advice just not to complete the form, but some authorities will have noted your call as a change of circumstances, and if not returned can effect your HB.
  3. Basically, even if you did fall into the group that might not require a medical, they would need that form back from your GP before they made that decision. If it is well completed and gives info relevant to the descriptors (both WRAG and support group), then you may get a letter in the post saying you don't have to attend the assessment. But its unpredictable, and as I said before, conditions like fibromyalgia are more likely to be called in for assessment. Before you go to the GP appt, read up on the descriptors and get straight in your head what information you need your GP to get across. This ESA50 guide may be useful, although its for completing the ESA50, the information that you need to get across is the same - though in less detail on the GP form, because its not terribly comprehensive. This is just the physical health descriptors: http://www.consumeractiongroup.co.uk/forum/showthread.php?316210-ESA50-Guide
  4. They may well be sending you the form to claim income based ESA. See what arrives in the post. In the meantime do a subject access request so you can see what you did complete on the original claim form. For the future, always take a copy of forms before you send them - it makes it much easier to argue the point if you did everything right.
  5. Unfortunately, experience tells me that if you inform them your partner is moving in soon, you may find your housing benefit stopped prematurely as well. Unless exempt or not liable for council tax, housing and council tax benefit are generally a package deal. And although you can ask not to claim one at this point, it may set send up red flags about the housing benefit. As you already claim housing benefit and are on income support, any form you receive should be relatively simple to complete.
  6. ESA can be backdated for up to 3 months - you will need to indicate this on your form. when you originally received the form you requested on line, this would have had two sections, one that everyone completes, and then if you want to claim income based esa, you complete the rest of the form. Either you made a mistake in completing the form, or they made a mistake in processing. The ESA50 form about capability for work has no bearing on whether you are entitled to income or contribution based ESA.
  7. Whether or not you can claim contribution based benefit is dependant on the national insurance contributions paid in the two tax years before the benefit year in which you claim. Tax years run April to April, and the benefit year starts in January. Therefore a claim starting in 2009 will be based on tax years 06-07 and 07-08. The only way to change the tax years your claim is based on is to have a break in claim of (I think) 12 weeks, but that probably doesn't help you now.
  8. Indeed, most of the people I was a student with were supporting themselves and had part time jobs - I worked weekends and weekday sleep ins at a residential home. I don't remember anyone being supported by mum and dad - we were all working class and our parents could just about afford to pay their own bills. My cousin is at Uni at the moment and when at home in the holidays, works a 60 hour week to support herself while away during term time - her parents can't afford to support her financially.
  9. You can get a copy of the transcripts anyway - we just used to put the request in writing and they would (eventually) write them up and send them.
  10. You just need to ask in writing for a copy of the transcripts of each interview.
  11. unfortunately the dWP have a bad habit of losing med certs. Go to your GP, explain that the DWP lost the last med cert and ask for a new one or copy from that date. Did you take a copy of the med cert before you sent it? You always should. And when sending, staple it to a covering letter with all of your details on. You will also need to ask for a new med cert. yes your GP can refuse to give you these, but should give you a reason. If you are unhappy with your doctor's decision you can use the surgery's complaint process. A doctor can give a copy med cert if he wants to and can backdate a current med cert up to 3 months (Ithink). If you are able to provide med certs, esa will be backdated and continue until your appeal.
  12. The mortgage interest section of JSA works separately to your basic claim - so although you are now being paid JSA, you still need to send the info requested so that a decision can be made on your current and future help with mortgage interest entitlement.
  13. Yes, you should have applied for the return to work credit anyway and been turned down. Whether or not you can apply late, I don't know.
  14. Yes you will be entitled to the money they stopped. Did you apply for return to work credit and get turned down? If so you may be able to challenge it, but this is managed by jobcentreplus so I'm not familiar with the appeals process.
  15. Start by reading this thread by honeybee http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information
  16. OK, I understand now, and of course you're right about that - the speculation is pretty pointless, and there's little the OP can do about it anyway.
  17. I thought I heard Honeybee calling!
  18. Speedfreek, not entirely sure what you're saying there. What I was saying is the OP shouldn't have been advised she wouldn't get a 'medical'. In most cases there are no guarantees. Yes, some transferring from Incap are being decided on ESA50 alone, but most of these have severe long term disabilities with little or no hope of recovery. But even then they had no expectation of a guaranteed pass. Those with more variable conditions, with a chance of having recovery - or those with badly completed ESA50's or little or no medical evidence will be called in. In my experience conditions like fibromylagia, chronic fatigue, ME, depression, anxiety disorders, general back pain are very often called in for a 'medical' due to the variability and perceived subjectivity of the conditions. It may not be right, but its the way it is at the moment. there are some cases where a 'medical' has been arranged and then the drs evidence arrives, which gives all the information required and the appt has been cancelled and the person placed in the support group. I agree though that the first port of call should be the GP, to see what, if anything has been written. I stilll don't think that asking for the names of decision makers or assessors achieves anything. Not providing the information would not cause a Tribunal to find in an appellant's favour as its a simple procedural matter - the most a person could do is complain if they could show that procedure hadn't been properly followed - they might get an apology. If they could show in their complaint that a face to face assessment was unecessary given the volume and quality of info provided, then they might get an apology, or if they could show severe harm and distress, maybe a small concilliatory payment. But its true, no matter how the OP feels they need to attend the assessment or have their benefit stopped.
  19. There are conditions that with just info from the doctor a decision maker may allow you to bypass the assessment (they call it 'medical' but its not a medical), but it is very dependant on what the condition is, how well the eSA50 is completed and what info is available from the dr. Fibromyalgia is not one of these conditions - not sure what your other one is. Many people are horrified to discover the poor information provided by their doctors, if any - many don't send the form back. Railing against being told you need an assessment is not really going to help, unless you meet one of the circumstances allowing you to be treated as having limited capability for work related activity - this is the only automatic pass - decision makers are not required to automatically pass anyone else, though are using discretion with those with certain long term illnesses trasferring from incap to ESA.
  20. Have you contacted them to discuss your situation? Its very important to talk to them. although they don't have to offer reduced payments, many lenders will do so on a temporary basis. This webpage has links to information that might help. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013261
  21. I thought I'd share my current plans re assessment. When I was assessed the criteria for the support group that I came close to meeting was being able to walk less than 30 metres. As I can walk 30 metres (just) and was honest in the assessment, I didn't meet the criteria. However, from March, this descriptor changed to be 50 metres, so I would now qualify. Being in the support group wouldn't have bothered me, but from April its the only way to continue receiving cont based esa (despite the tories promising no one with disabilities would be worse off!) So I'm now faced with the prospect of contacting the DWP to ask them to review the case in light of the new criteria. This may well put me at risk of being reassessed by ATOS early in order to get a decision on this issue. If I fail the new assessment I'll have to appeal and will be back on assessment rate. If I do nothing I lose ESA in April. What would you do?
  22. I think difficulties with your approach are: You're not having a medical, its a work capability assessment. Atos don't have to provide doctors to do this, any health professional can do. There are only certain conditions that require an assessor with knowledge in that field. This because they're assessing whether you have limited capability for work, its a basic assessment and NOT a medical. Fibromyalgia and ME are not conditions that require a assessor with specialist knowledge. The best way to pass the assessment is to concentrate on the descriptors, be well prepared before you go and answer the questions in the right way. See the sticky on ESA medicals for further info. I think people giving you advice such as they have, distracts you from the real issues. I really don't see what would be achieved by asking those questions at this point, except to get you worried and stressed about not getting the answers you want. And what case are they planning on bringing to the high court?
  23. When you phone dWP about IB/IS, ask the person to look in the payment screen and check that the amount received corresponds with the amount on the payment screen (if she receives IS + Incap, do it for both). If the amount paid corresponds with the amount on the payment screen then don't worry about it - but you should check how much and when future payments will be. If the payment does not correspond to what's on screen, then put the money aside and write to them explaining the situation - as this may be a BACS error - I've seen a few, and unlike a DWP error which you don't have to pay back under social security law, a bacs error you do.
  24. The best advice I can give is all evidence you provide needs to, if possible, speak about the activities in the descriptors that she fulfills. The descriptors and exceptional circumstances criteria are all that matter in proving your case. The most important thing in disproving their case is ripping apart the atos report and any justifications by the DWP decision maker.
  25. These are good threads to read: http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information http://www.consumeractiongroup.co.uk/forum/showthread.php?301700-ESA-Tribunal-Hearing-Anxiety-***WON***
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