I am currently claiming esa (contributory) and have been sent an esa 3 form. It says it is because i have told them about a change of circumstances/want to claim income-based esa. I have not reported any changes, but my son has left fulltime education (notified tax credit people etc) but since this is contributory dont see it makes any difference. Also, not entitled to income based as my wife works fulltime, although her income is low. So why the form? And if they are reassessing me, does it mean another medical etc? Any ideas appreciated. Thanks.

Hi all, So i reccently appealed against an ESA decision that found me fit for work. The appeal lasted 15-ish mins with decision sent by post. When tribunal letter arrived on last saturday (5/11/11) i thought it said id lost my appeal. So monday 7/11/11 i joined JSA over phone and told them id been on ESA and about the Tribunal letter etc. Today 12/11/11 i get a letter from DWP dated 10/11/11 saying: "You made an appeal against Employment and Support Allowance decision issued to you on 17 March 2011. We have looked again at the facts and evidence we used to make our decision.As a result we have changed the decision. Your appeal will not be sent to the Appeals Service as the decsion has been changed in your favour. We cannot pay you an allowance from 8 November 2011.This is becasue: You have claimed another benfit like Income Support or Jobseekers Allowance" :jaw:Did i mess up by moving to JSA? did i win my appeal? do i get backpayment from last WCA to 7/11/11 ? Please help im confused as i thought Tribunal told me my appeal wasnt successfull,hmm,cant find damn Tribunal letter now Who do i listen to? DWP or Tribunal Service? Also if they changed their decision in my favour as they stated and i was allowed to claim ESA,can i ditch JSA and now dash back onto ESA quickly?

I'm applying for ESA on mental health grounds (currently on IS+DLA). Is it worth mentioning my back problems on the ESA50 too, or will that just confuse the issue? I've had physiotherapy for lower back problems in recent years. It's very painful and debilitating when I get a flare up, but I wouldn't currently meet any of the descriptors on physical health grounds as far as I can see. Is it actually worth putting it down on the form, or could it maybe even be counter productive? I kind of picture the ATOS examiner spending half the assessment interview asking me to touch my toes or stand on one leg, instead of spending the time on questions that are relevant to my case. I also wonder if it might look like I'm just trying to put down any old thing I can think of that might get me benefits.

I would really like to see the descriptors for the mental health section of the ESA50 guide from leemack / Honeybee13, even if it's not finished yet: (I'm not allowed to provide a link to the thread, due to CAG anti-spam paranoia, as I'm a new member) In the meantime, I found this document from NAWRA which seems very good but covers the older version of the ESA50, which had more pages and questions: Fit for Purpose A Guide to Completing the ESA50.pdf It's a shame I can't provide a link, but if you google that title you should find it easily. A lot of it still seems relevant to the current ESA50.

At present, I receive 372 in DLA each month and am due for around 10,000 in savings. My question is of my eligibility to continue receiving DLA after I receive the savings for which I'm due. Furthermore, is it also possible that I can claim ESA and receive those savings? And if I failed a medical screening for ESA, would that illicit a block on my DLA? Thanks, any help is greatly appreciated!

Looking for advice please... I have just attended a WRAG introduction and assessment. The whole thing has left me feeling extremely concerned and anxious. I was a self employed person who built their business around their illness. I have M.E.(managed for the most part of 20 plus years) and now diagnosed with Fibromyalgia, Gerds and anxiety and just over a year ago I started to go into remission the worst I have ever been. I started claiming in ESA in January for the first time, as I could not do any work and it was back dated to October last year. I had my ATOS examination back in April and passed (don't know how many points) I was the awarded the higher rate of ESA and told to attend a monthly group. When I attended first phase at JC, I was told we don't have a monthly group, and to wait until called as the government is conjuring up new initiative. Then asked to attend 2nd meeting with JC months later and told I am now being referred to WRAG. Everybody was but warned I had to attend otherwise my benefits would be affected. Well, I was very poorly with virus that son brought home so missed WRAG induction, informed them and was told I would be informed of next date, wasn't, so rang to find out as I did have another appointment. It was being covered by someone else as the original guy was ill, so the replacement decided to do both that day. It was exhausting for me, I barely sleep anyway and I had only 5 hours that night and still recovering from bug, I went through the mass of forms which I have to say your not given enough time to read and sign. What I was signing I have no idea I could barely focus anyway. It lasted an hour, I was given a break of 45 mins by which time I already totally exhausted, then asked to do the next stage which lasted far longer than it should have done. Even the guy said it was his longest. During that time, I was asked what my employment goals were. I told him to get better, if I was better then I would resume my own business, he pushed and pushed. I tried to explain what I go through daily, the pain and tiredness etc, that I was not able to work, I am just too exhausted and weak, I wasn't fit enough, I was told you "look well to me" I was also told I was a challenge and that he was putting me down as "work ready". He's not a doctor! Also, talk about false pretences! I was told when I applied for jobs and got an interview not to tell them I had an illness. Let them find out...Hello, I struggle to do the normal duties of life, think it's gonna be pretty much evident if that was the case, and so I will be back at square one within no time... Quite frankly I think that is totally unacceptable and goes totally against my ethics. If I was employing someone, I would want to know and not be messed around. If I could work I would, I would dearly love to be self sufficient again and I will, but I have had no time to come out of this remission, and only just getting support from my doctors and consultants for treatment. I thought being on ESA we were not meant to be forced that this was supposed to be support? I am out of my mind with worry now which is exacerbating my illness and set me right back. If I don't comply I am going to lose the only income I have to survive, I will lose my home as I rent and not all of it is covered. I am thinking of complaining about KS, but now I am not so sure if it's going to be a strike against me. Can anyone advise me?

Two weeks ago (21st July) I sent an appeal form (GL24) to the DWP after scoring '0' points following a recent Work Capability Assessment. In the meantime my ESA has been stopped and I I have a photocopy of the GL24 the Job Centre made for me, but all I've had is this vague letter and a pre-paid envelope telling me to respond within 14 days (dated 28th July) which states: ------------------------------------- ABOUT YOUR APPEAL I am writing about your letter dated 25/07/11 telling us you want to appeal. The law says we can only deal with an appeal when it has been made in the right way. We are sending back your letter because the reason why you want to appeal against this decision. You must reply within 14 days. You can use the envelope we have sent you. It does not need a stamp. When we receive your reply we will decide if the appeal should go ahead as normal. If we think the appeal cannot go ahead we will send it to the Tribunals Service and they will decide. If you do not reply within 14 days we will send your appeal to the Tribunals Service. The Tribunals Service will decide if the appeal can go ahead. If you want more information please get in touch with us. Our address and phone number are at the top of this letter. Yours sincerely Appeals Admin ---------------------------- The letter ESA65) (explaining they had decided I was 'fit for work' along with the 'statement of reasons' didn't arrive until AFTER I had phoned the DWP to find out if I had passed/failed the assessment. When an advisor on the phone asked if I wanted to appeal, (and explained he couldn't give out my results over the phone) told me by going to JCP, asking for a GL24 and just put simply "I believe I should have scored more than 15 points" in the reasons box. Which I did. The advisor said as soon as they got the form the sooner I'd get paid at the assessment rate. I've been calling them for 2 weeks every other day to check if they had received it, I've been told over and over again yes - but it's waiting to be verified before any assessment rate payments will be resumed... still nothing, but last Thursday (when I assume this odd letter is dated 28th July) another advisor said it should be all sorted this week, midweek at the latest I should be paid... Is this why ESA has still not been reinstated at the assessment rate? Even though I was *told* it would be as soon as they received the GL24. Driving me crazy-er!! I'm confused about what I am actually meant to do next? It's confusing as they haven't returned the form. Even though it says "we are sending back your letter". What letter is that? the form?? Would I be correct in doing either/all of the following? - Write a letter explaining I didn't have all the information when I submitted the GL24 form, but am writing to provided more information? - Get a new GL24 Form from the job centre and fill it out all-over again being more specific about the reasons? Should I say something to oppose their assessment of me on the 'Statement of Reasons' where they state what points I've been given one by one? How do I 'properly' phrase that? Such as (example): - "I disagree with your statement that I "behave in a way that would be acceptable at work." Because you fail my behaviour (aggressive uncontrollable outbursts) in a workplace environment is not appropriate and causes significant distress to others." etc Should I elaborate further...? or would the above suffice? What happens if my response is unsatisfactory, and the DWP do indeed refer it to the tribunal? will I not be paid even assement rate until they decide I can appeal? Please help, I've got virtually no money as my entitlement to ESA stopped at at the start of July, and can't even have a crisis loan for food/living costs as I've already had the maximum 3 small payments since April (thanks to a decision maker taking 6 weeks to initiate the claim).

Hello I had my medical and just got the letter telling me I only got 12 points but need 15 points to still be able to recieve my ESA so Im going to appeal but I got another letter telling me there stopping my money as from 28/07/2011 im puzzled because I have a sick note dated till 10/08/2011 so didn't think they could stop my money unless the sicknote had run out... can some please answer this question for me can they stop my money even though I have an indate sicknote... Thanku Mandy

Good morning all Am sure the questions I am going to ask have already been answered in a thread somewhere but I got lost trying to find the answers so I do apologise. Ok here goes... My ESA has been stopped after I had an 'interview' to see if I was actually in need of esa.. I recieved ZERO points... which I am bemused with. I recieve the higher rate of DLA for mobility due to not being able to walk far, because since a car accident, not my fault, I have suffered with chronic lower back pain and sciatica and am on a cocktail of medications to ease the pain including, MST, Tramadol, Gabapentin, Naproxen and Oramorph. I am also on other meds due to an operation on my gall bladder that they fkd up... Now I used to have a carer paid for by the council to aid me in and out of the bath/shower, to take me shopping and to help with my housework (I cannot push a vacuum cleaner).. However, this stopped after my local council fitted a walk in shower/wet room for me due to the council not paying for what they call 'stand alone services'... but no matter how often I ask my shower it refuses to do my housework or shopping... Ok the next part muddies the waters slightly too... Until November 30th last year I was on Income Support but this was stopped because my son was then over 11.. (the rules are now youngest over 7 I think), and was forced off of IS and onto ESA. Now I have three children still at home (have six all told but eldest three no longer live at home).. who are 16,14 and 12 and all still in full time education. Ah... and I am also a student.. full time University student and will be for the next three years. So... I cannot claim JSA as I am not available for work.. Cannot claim IS as my youngest is over 7 and now they have stopped my ESA because some person sitting in an office spoke to me for ten - fifteen minutes and decided that my GP is wrong and that there is nothing wrong with me!! So... there you go.. am a single mum, full time uni student and disabled.. and being told that they will not help me at all. without ESA I will no longer be able to continue at University because I commute daily (which the student LOAN almost but not quite covers) and remember this is a loan... Oh yes I am in reciept (at present) of Child Tax Credits, Child benefit and DLA higher rate mobility no personal care. So...what do I do? I have an appeal form but my local CAB cannot see me for two weeks.. and I have not been paid ESA for two weeks already... Can you help?? If you have managed to read all of that... well done!!! and thank you for staying with it.. Kathy

Hi, this is a newbie here. Hoping someone can help. I have chronic PTSD, recently diagnosed with substantial anxiety disorder + agraphobia + depression. Also various medical problems incl sleep disorder, sciatica, hiatus hernia... Made application for DLA which was initially refused - DLA used ESA medical to determine this. I then appealed - DLA reviewed decision & stated that entitled to lower rates for Mobility (need someone to help as I get panic attacks in unfamiliar places) and Care (need someone to motivate /remind me to prepare cooked main meal). ESA was refused - had appeal - refused again with NIL points! They failed to take into account my successful DLA application - can they do that? They did not believe that I suffer from stress incontinence (incl bowel)even though this was mentioned in my GP letter to them (which they did not even mention in their Written Statement). What should I now do? Best to appeal but then would it be a rehearing even if I win the appeal? Or should I just make another ESA application? Many thanks, Evamerlin:|

My ESA was stopped after I failed the medical 7 months ago. Today I won my appeal. I did not claim any benefits in the interim as I had been made redundant and was living off a very small amount of money, and my Mum helped me with my rent. Will I get the back-pay now that I have won my appeal, or should I have done something else in the interim? I didn't sign onto Job Seekers cos I cannot walk and was simply too ill to stand in a dole queue and declare myself fit for work.Anyone know about this?Also I have been put in the work-related activity group as I want to find part-time work. Do you know how much I can earn before they stop (or reduce) the ESA money?Many thanks!

Hi I am looking for a bit of advice. I recently moved from JSA to ESA and after receiving one payment of ESA last month not had any payments since. After calling to find out what the problem was I was told there is a "gap in my medical evidence" of about 7 days as my sicknote only covers me from the day I was able to see my GP (he won't/can't backdate it!). They told me over the phone about a month ago that my claim has now gone to "a decision maker" and I should hear within a week.... still nothing. They haven't even bothered to write to me to let me know my benefits are suspended.. even though I've sent a sick note in as they requested. I've been left high and dry with NO money at all for over a month, I've managed to get a couple of crisis loans for food (£30 a time) and apparently only allowed one more this year. Last week a form (ESA50) from ATOS came through saying I need to return it by 11th May otherwise my benefits "may be affected" - even though they've already 'suspended' everything! Maybe this is what they are waiting for? Job Centre seem to think if I can get my GP to cover those 10 days with a new back-dated sicknote they will pay me, but this isn't possible, he refuses to write a new note, I told them it would take me a week to get an appointment when I first claimed, they didn't say this would be a problem! They don't get it! What do I do!? Just going around in circles over and over and I have no money to eat let alone pay bills etc. How can they just leave people to rot like this? especially when they are sick?

Hi, new to the site. Found some information on here which helped a bit, so thought I would register to ask a similar question. Last year (2010), I got a budgetting loan for £348 (asked for £1000) which I have now paid off. Yesterday, I sent another form off asking for £500 for furniture and removal expenses. What is the likelyhood I will be accepted? Will I still just get offered £348? I am single person, claiming income based Employment and Support Allowance. I have no social fund debts outstanding and have been in receipt of ESA since 2008. I also sent off a ESA Medical Questionaire as well, as I have done for the last 2 years. Seem to get those every year. Many thanks in advance. GDW

Hi After reading this fantastic site and offering my own help, i have realized there is something i need help with. I want to check that the GP who conducted my WCA is qualified to deal with mental health issues, i have to fight my own appeal Do we have a Template letter and address of the GMC so that I can ask

Hi everyone, I’d never thought I’ll need help on a forum like this one. In Feb will be two years since that horrible night when I woke up with enormous pain in my shoulder and low back. It was the start of my nightmare journey. In 2008, I registered for JSA and was referred to ESA. Two ATOS medicals went fine, on third one I got only 6 points – (16.06.10). I did get help from local CAB, unfortunately, the CAB has lost the contract with the LSC for welfare benefits advice and I couldn’t get any help in two other CABs. Anyway, I appealed and went on hearing (06.12.10) having only a letter from my GP to support me. The letter said about my history and concluded “I’m at quite a loss as to the cause of her symptoms but they are definitely severe and genuine in nature. She has taken various analgesics including Co-codamol and Tramadol with little effect. I’m now in process of referring her onto the Pain Clinic for further management of her severe pain”. I’m depressed for long time now and on last appointment with GP I was advised to start taking antidepressants instead of painkillers because they can’t go together. Almost two years now since I sleep/lay down only on left side, do my cooking on ironing board instead of worktop (lower surface makes it easer for me), do washing up only in sitting down position, can’t put cattle on with more then one mug of water in it, can’t concentrate and do very silly things, etc. I can’t do any physical exercises because a nerve in my left shoulder and I can’t walk anymore without walking stick. Most horrifying thing’s that I see my condition has worsened and I feel like I’m going down. Having seen me leaning on their desk and constantly changing position, First-Tier Tribunal made decision: “The appellant does not meet the threshold of Limited Capability for work and is not entitled to ESA and/or related credits from 16.06.10 The descriptors satisfied in Schedule 2 ESA Regulations are: standing 2e 6 points, Sitting 2f 6 points. However under ESA Regulation 19 (6) only one of these descriptors can be counted in the final score. Total score for ESA purpose is 6 points”. Please can you advise what shell I do now? I can't claim JSA as I’m unable to work but is no longer entitled to ESA. Right now I can’t turn my hitting on because I have no idea when I’ll have some money. Any advice will be much appreciated. Thank you.

Hi, Wondering if anyone can offer some advice, as me and my husband appear to be caught in a vicious loop with the job center. For 'wall of text crits you' purposes, I have uploaded a record (sensitive info removed) I've been keeping of the job center's action since 7th October 2010 - which you can view here scribd.com/doc/43314897/JSA-Online At the moment the only money we have had since 21st Oct 2010 is a crisis loan for £90 to live on. We live with 2 disabled pensioners, who, due to this 'hiccup' have been bleed-dry trying to support us during our financial crisis, on top of that, my husband is trying to start a business which is really digging it's heels financially. We have tried appealing against the sanction and haven't been given any information about the decision and generally, they seem to be messing us about. Any help would be appreciated. ~Dray

Hiya - newbie here! I wonder if anyone can help me. I have severe depression and am under the care of my local community mental health team and am currently living in a self-contained supported housing mental health project. I was claiming ESA from September 2009 and have had 2 medicals (Dec 2009 & june 2010) - the first 1 I passed the medical and my ESA went up after a few weeks and I was moved into the Support group - then I had another medical in June of this year and scored 0 points and my ESA was stopped on the 10th October. I was advised I was fit to return to work (which I dispute) and to claim JSA. I made an appointment back then with the Mental Health CAB Worker but that was not until tomorrow (4.11.10) and I was told I had a month from the date of the decision re the ESA to lodge an appeal. I went on to claim JSA which I found very stressful and uncomfortable. I have signed on yesterday (Tuesday). I have not received anything in writing from JSA nor any money. I have been calling JSA all week and it turns out that my JSA claim, although live, cannot be progressed as my ESA claim is "live" for a month from the decision that I can return to work should I wish to lodge an appeal. I now have been "forced" to close the ESA claim so the JSA claim can be progressed as I have no money at all and need cash to live. I was forced to approach a loan shark a week before my DLA was due for £200 and had to give him all my DLA (£326 ish) once it was paid. I'm so stressed out by all this - can anyone help me? Can I still appeal the ESA decision even though I was forced to close the claim down and progress the JSA claim because I needed money to live?? Rick.

Hi, Really hope someone can help me, i have been claiming I.B. since August 2008 due to mental health, I suffer from severe depression, panic attacks, nightmares, severe anxiety, suicidal thoughts and actions. All this stems from years of physical, emotional and sexual abuse by a now ex partner. I am on several medications to combat all of this, but unfortunately nothing makes it better or makes it go away even for a minute! I recently went for a pca which shortly after found i had been failed on, reading the reasons on the form shocked me, and the person who came with me (as i cannot go out alone)! I had not been asked 99% of the questions on the form. And also in the process of this medical the doctor (and i use this word lightly) told me "you should have been able to stop all this abuse if your partner was smaller than you" and "you should be fine if your no longer with that person"!! This caused me severe distress and upset as you can imagine!! So now my I.B. has been stopped i have an appeal going in.......while this is going ahead i was advised to claim E.S.A (i thought these were the same thing), however i have now been told i will need to go for another assesment and in the meantime i am not entitled to any form of payment due failing my pca?? So i then called income support to see if they can help......and was swiftly told that i could not claim that because it was already included in my esa claim....confused??? so am i!!!! I am not able to get a crisis loan due to them saying im at my limit which i dont agree with so am now also having to fight that also. I have had absolutely no money for 5 weeks now, my landlord is sending me final warning letters as my rent is not being paid, i just want someone to tell me what i can claim, where from and who to call and what to say to them....as i have explained my situation so many times and just got nowhere!! Well aside from the one guy at Incapacity saying "sorry but i think your only options are the citizens advice and the samaritans"!! Please please can anyone help me??

Hi all, I'm a bit confused with the whole thing. I was in a bus accident and my gp has signed me off (2 x 2 weeks notes, and 1 x 4 week note.) til the end of this month, possibly longer. I'm £1.30 off the minimum cutoff for SSP so I cant get that and I apparently earn too much for ESA cos I get WTC. So I was told to send my Sick notes in to get my NI covered while I'm off which is fine, but I dont understand why I'm being requested for a medical when they state I'm not entitled due to earnings. I've read a lot of awful stories about people with disabilities failing and quite frankly I have every intention of returning to my job as soon as my GP says I can as I'm losing nearly £100 a week cos of the incompetence of a bus driver. Why am I being requested for a medical and can I refuse as I'm not in the receipt of the benefit money anyway? Thanks in advance!

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Hi everyone , i'm new to the forum and was wondering if anyone else has had a problem with the Start / Finish time given for their Examination and Interview on their Medical Report Form (ESA85) . I have recently failed my ESA medical ( with the customary 0 points ) and so i requested a copy of the medical report in order to appeal the decision . I was shocked when i read the report . It is a complete fabrication . However , the thing that concerns me most is the recorded start time of my examination/interview on the front page of the Medical Report Form . It shows it as being 15.28 , but i know this must be wrong as i distinctly remember checking the time on the clock in the waiting room shortly before i was called and it had just passed 15.30 , so i would estimate that the actual start time was about 15.33 . The whole examination/interview seemed to be rushed and i remember commenting to a friend , who met me when i came out , that i was surprised how quick it all was . This 5 minute discrepancy could be very important to me and my case as it reduces the total time of my medical from the recorded 25 mins to actual 18 mins . For example , i suffer from severe back and leg pain and one of the "descriptors" that was rejected was " Cannot sit on a chair with high back and no arms for more than 30 minutes " . This was rejected because the HCP stated that during the interview " The client was able to sit on a chair with a back for 23 minutes " . I would really appreciate any thoughts or advice on what , if anything , can be done .