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  1. Hi I'm new here. So Hello I need some advice regarding my one of my nephews. He is under review for the support group of Esa. He suffers from mental health problems. Which in certain situations can manifest in physical and verbal aggression. He sent the form back recorded delivery but before they received it an appointment for the medical centre was sent out. He cancelled this and by return of post was sent another one, again for the medical centre, This was despite clearly stating on the form and cancellation letter he needed a home visit And the reasons why. He does not have a doctor because he cannot go into the surgery for the same reason. His case is documented with the DWP the last assessments were done at home. Nothing has changed if anything he has become worse. My questions are these :- Do the Medical Assessment people and the DWP not have a code of practice when dealing with someone who may become violent? Where would we find a copy of this? Is it legal for them to send an appointment before they receive the form. Is it legal to expect someone to put themselves or others in danger to fullfill the requirements of continuing a claim. He absolutely cannot go for this assessment. What happens if he doesn’t and they stop his benefit? He cannot claim JSA. What would he live on? I understand from my research that he can still claim housing benefit while a mandatory reconsideration period is active and during any subsequent appeal, but what happens after this if he loses his appeal and can’t claim JSA? Can he still be eligible for Housing benefit? He is in a catch 22 situation it would seem. He can’t fullfill the legal requirements i.e. a medial examination, because of the symptoms of the condition that means he needs to claim benefits in the first place. Thank you very much (confused ) Happy M
  2. I do most of my Council stuff online via their web portal, also most of my GP stuff via (use to be EMS) https://www.patientaccess.com and book my next hospital app via their online bookings system so bonza! PIP appeals https://www.gov.uk/government/news/new-online-service-launched-for-pip-appeals Check area availability as it doesn't cover all areas atm MoJ is also trying and failing atm to launch a PIP appeal via video link service. I've been having a few barnys with NHS services over disability accessibility/adaptation well lack of it. So think this is a good thing? ESA appeals on line https://www.gov.uk/appeal-benefit-decision/submit-appeal England and Wales only Upload your fit note https://www.gov.uk/send-fit-note I think one complaint for all is that is doesn't send you a copy of your submission but you should be copy n pasting to a word doc (or what ever you use) for your own records anyway. Imagine if the fully online Universal Credit service could do that? Well apparently it might do in 2020 (only 6/7/8 who knows years after launch) but you might at present be able to ask your work coach for a 'to do' whereby they can enable a one off upload function on your journal.
  3. Hello to all, been a while since I've been about it. Hope all are well. I'm hoping someone can give me some insight to the following: I've been in ESA [sG] since day one, had one reassessment in 2016 which put me back in SG, the second ESA50 arrived in Oct 18, which was duly filled in and sent back by deadline date in Nov 18. I've heard nothing from anyone until yesterday. Yesterday, I received a text message from 'DWP' as follows: 'We've received your Statement of Fitness for Work (Fit Note) and details of your Work Capability Assessment. Your ESA payment will continue. Please don't send us any more statements (Fit Notes). You do not need to contact us.' Two points: 1. I've never sent Fit Notes since my initial claim back in 2012. 2. I've not had the mentioned Work Capability Assessment. Has anyone had the same situation happen to them? I don't really want to contact them. Someone mentioned it may have been done via a paper assessment, but I've never had one so don't know what that entails and should I have been informed by CHDA? I've looked around online but not really come across anything that helps me. Hopefully someone here can give me a clue about this situation. Thanks in advance for reading and any help/ information you can provide. Regards CookieRocks
  4. I'm currntly on ESA in the Support Group. I received one of these ESA 3 (IBR) this morning, it says I am on CB based ESA but they need to look at my claim to decide if I should be getting IR ESA from Feb 2015. So what is the significance of this date as I have always had CB ESA since they switched over from IB, and I'm sure it was earlier than 2015. And now they want me to fill in a 44 page document to see if I may be entitled to extra money. Surely they only have to check their own records to see if I may be entitled to more money by switching over to IR related ESA. Another point of concern by moving to IR ESA is that doesn't any IR related benefit now come under the dreaded UC umbrella ? Is this form compulsory to fill out ? What are the "Premiums" that they mention that I may get if I am on IR ESA ? There are 3 options to tick if I don't want them to reassess me for IR ESA. 1. You had or have a partner and they were or they are working for more than 24 hours a week 2. You have or had more than £16k 3. You had or have a partner who had or have savings over £16k, or together you had or have savings over £16k To be honest I'd rather eat grass than rely on UC, just tonight I was speaking to a friend who was recently diagnosed with breast cancer, she is still on basic ESA and this month her UC hasn't been paid !! As if she doesn't have enough to worry about But what the heck, it gets people back to work apparently.
  5. my friend cancelled his JSA claim today and has appointment booked with his ingeus advisor tomorrow, he has asked me if he can still get sanctioned for not attending as he is switching from JSA to ESA? sorry to keep going on but he keeps asking me.
  6. Just wondering if any body can help about esa asking for bank statements off me and my partner I borrowed money off my brother about £300 and put into my partners account I would like to know would the say anything about that as it didn't come from my cb or ct payments thank you in advance I just made this claim over the phone on the 26th November and they sent me a customer Statement out and that they wanted evidence of bank statements sent thank you
  7. New forum member here. I had my tribunal for an ESA claim yesterday. The judge and doctor present were very sympathetic and listened to all I had to say. The DWP didn't send their rep to sit in and listen. Due to a legal complication and in the words of the judge 'this being a very unusual case' he has adjourned the case and wants the DWP to give evidence pertaining to a couple of points that were bought up. How long are DWP given to reply? How long will the wait be for the new court date? If DWP wasn't represented why are they allowed another opportunity to put forward their side of things? I don't really understand if they were happy not to represent themselves why they are given another shot at appearing. Thanks in advance.
  8. So due to the news that has came out about the DWP underpaying claimants it looks I have been identified as one of these people and got a letter last week from the DWP. This letter required me to fill in a ESA3 form, and I have as a result of that information had to send in bank statements for the entire 4 years identified but I was told over the phone if I Cannot do for the full 4 years just to send what I can, since I feel they only need to see from the point I got my DLA lump sum, I sent from the few weeks before that to the end of the period so from 2014 to 2016, but the period covered is from 2012 to 2016. I have looked here at some information. https://www.gov.uk/disability-premiums-income-support/what-youll-get and https://www.gov.uk/disability-premiums-income-support/eligibility From 2012 to 2016 I got no disability premiums at all and I was in the SG on contribution based ESA. I had no other income and savings below £6000 It looks like they are preparing to qualify me for backdated IR topups, which would add enhanced disability premium, for most of the 4 years, I think there would be a few weeks where I wouldnt qualify because I got a backdated DLA award which took me over £6000 for a few weeks. However there is also a normal disability premium, the qualifying criteria is stated as getting some form of DLA and not been on IR ESA. This is where my questions are focused. So 1 - If I was backdated DLA for a period of 2 years, am I counted as been on DLA for those 2 years? or just from the date I was given the backdated lumpsum? 2 - If I am counted as been on CB ESA but with IR ESA topups, how does that work for the normal disability premium, when it states not been on IR ESA I am assuming it means you must be on CB esa, which I was, but its confusing as it might mean if you on CB ESA with a IR topup you still dont qualify. I want to know as it may mean I am owed more money than originally seemed, obviously I appreciate any advice on this matter.
  9. Government could pay out more than £1bn due to benefits 'shambles' The government could pay out more than £1bn in back payments after finding out that tens of thousands of people claiming sickness and disability benefits have been underpaid. Due to a "historic error" at the Department for Work and Pensions (DWP), 180,000 people claiming Employment and Support Allowance (ESA) have been underpaid and may be owed an average of £5,000 each. The blunders date back to between 2011 and 2014, when claimants were switched over from incapacity benefit. https://uk.news.yahoo.com/government-could-pay-more-1bn-due-benefits-blunder-152800162.html https://uk.news.yahoo.com/government-owes-more-1-5bn-152323666.html
  10. According to the dwp I am on contribution based ESA since March 2013, however when the system changed from Incapacity benefit to ESA. I was not assessed according to my circumstances in March 2013, so today they have sent me an ESA 3 form to fill out. I called them to confirm the letter was genuine not fraudulent and they confirmed the reference number on the letter and date it was sent out. He told me you may be eligible for a tax free lump some backdated payments since March 2013? I remember the lady that helped me fill in the form, however i don't remember her assessing me for Income based ESA, isn't that if your already in employment or paid enough national insurance contributions at the time of application your eligible?
  11. I have just received my renewal form for ESA. I have been in the support group from the start. Originally claim was based on my depression and severe anxiety. I cannot remember how long since my last assessment but it must be over 5 years+. Since that time my physical health as gone down and I now have emphysema/COPD and severe osteoarthritis. I had one face to face at the beginning and it as all been paper based since then. I have made a "right of access" request for my records. My first question is this the same as a subject access request? Where I get all information about me ie written, digital etc. Secondly will it be useful to know why I was given it last time. Also can their own evidence ie assessments etc be used as nothing as really changed mentally and I have lots of evidence of physical problems.
  12. Hi, has anyone else experienced the following ?. I have been on Contribution based ESA (support group) since being transferred over in 2013 from long-term Cont-based Incapacity benefit. I also receive both standard rates of PIP and have an Occupational pension from previous employer (which is disregarded by DWP). I will receive my state pension in 6 mths and my ESA will cease. A few days ago I received a letter from DWP stating that they want to look at my ESA as I may be better off on INCOME-RELATED ESA (I won't be - I was already aware of that fact) and asked me to tick any of the 3 following boxes if i DON'T want them to check my eligibility to Income related to say WHY I would NOT be eligible : 1.You have had a partner and they were or are working over 24 hrs a week. 2.You had or have savings of over £16,000. 3.You had or have a partner who had or has savings of over £16,000 or together you had or have savings over £16,000. What nonsense is this !. I do NOT wish for them to check my eligibility as I ALREADY KNOW I would not be better off on Income-related ESA, I checked that a long time ago. If I was, I would already have asked to be transferred onto it. (Letter said I could also ring them to say why I don't want them to check my eligibility). But my point is, they are only allowing the above 3 reasons for me to tick and none of them apply to me. Then the day after I receive the letter, hadn't had chance to ring them OR reply, someone rang me from DWP, left a message on my answering machine stating that they would ring again later that day, which they did, leaving another message (I wasn't in to hear either) stating that if I haven't got in touch, they will ring me back on October 1st. Why are they so concerned about whether I would be better off and why not give me chance to actually respond ?. I would of course, be saying that no, I do not wish to move from my current ESA as it would not benefit me financially at all. Why mend it if it isn't broken. They really should have some extra tick boxes as the 3 they are allowing obviously will not cover every eventuality for every claimant. I smell a rat. Has anyone else experienced the above and does anyone know the significance of October 1st as I certainly don't ?.
  13. Hi, please if someone could give me advice I would be entirely grateful, I started receiving ESA contributory in the support group 2012 without going into the details last year after a compliance meeting telephone call I was found to have been overpaid since that date, I am going through the appeal stages at the moment preparing paperwork SSCS1A, I was either informed or read it somewhere in my many searches, THE QUESTION IS IF MY PAYMENTS STARTED PRE 2013 DO THEY COME UNDER A DIFFERENT LEGISLATION IF SO HOW WHAT WHERE, IF NOT THANK YOU FOR ANY INFORMATION, I'm sorry I wasn't shouting just trying to emphasize the issue that I have have a short time to Lodge appeal many thanks again.
  14. Hi all just need some clarification as I have read so many different stories. Will people in the long term esa support group transfer over to universal credit it or be left alone? Regards to all
  15. https://publications.parliament.uk/pa/cm201719/cmselect/cmworpen/829/82910.htm#_idTextAnchor054 Everyone except DWP has been making each of these points from the outset, shame it's taken Parliament 10 years to catch up.
  16. Cutting a very long story short. Applying for ESA first time in January two letters were enclosed with the ESA50 form requesting a home visit and recording for a ESA F2F assessment. Received Maximus letter for ESA f2f assessment at beginning of April at one of their medical centres. Rang Maximus and told them there was no letter from them to give the reasons why a home visit was not granted. Was told by Maximus the DWP Decision Maker has disallowed the home visit. Rang DWP and told them Maximus said the DM has refused a home visit and and asked the reasons why. Was told by the DWP staff that is was wrong the DWP's DM do not make any decision with regards to home visit nor get involve with F2F assessment that is the job of Maximus their medical contractor. Went back to Maximus and told them what DWP said the appointment was cancelled. Received couple of phone calls from Maximus requesting a letter from the GP to back up the home visit request. GP faxed letter to Maximus stating cannot attend a f2f at a centre due to medical/clinical reasons. Maximus confirmed by phone that they have received the GP supporting letter at the beginning of May 2018 and was told they will send a letter of their decision about the home visit by four different staff. Received several letters to attend appointments at different dates from Maximus including a phone call to ring them very important and very urgently with regards to a f2f at their centre which was to take place some 3 weeks later strange. Each time received a phone call two days before the appointments due date to cancel appointments because their recording machine is broken and that it will take a very long time before hearing from them. Received another letter last week to attend yet another appointment at their centre at the beginning of July but still received no letter with regards to the home visit whether it has been granted or refused. Non of the cancellation letters stating appointments was cancelled because of broken recording machines it just said appointment rescheduled sorry for the inconvenience. Maximus has on record they've book for a Taxi as their making reasonable adjustment but send no letter stating that fact. New appointment letter had not stated a Taxi has been booked for the appointment it just said please attend 10 minutes before the appointment time. I'm looking for a template letter with regards to disability discrimination and harassment from Maximus/contractor and a sample letter under the equality act 2010 requesting a home visit with regards to Maximus making reasonable adjustments for a f2f assessment under the equality act. Any help will be appreciated.
  17. A family friend is undergoing after cancer care treatment received chemotherapy etc. Has been in the support group for it. He received a ESA50 form recently to complete and got his GP to provide him supporting evidence about his cancer after care and inability to walk. The medical report was very detailed. I am now astonished that they have sent out an appointment for a face to face assessment? How on gods earth will a face to face interview prove someone has got cancer and also issues walking from a so called Assessment Adviser who has no medical expertise in such cases? I have spoken to Macmillian and they are shocked to hear this they have advised they must not have read the report and usually cancer cases are fast track with a decision without the need for a face to face? 1. Who do I question why they have decided to do a F2F for a cancer patient when they have clearly been sent the medical reports stapled to the form. 2. Is it correct cancer patients should not go through this rig-moral if they have evidence they are going through this. 3. Also I have read if a F2F is required who do I ask that he wants it RECORDED. The whole things looks a shambles and that they have just not read anything before even asking for a F2F. The cancer treatment is bad enough but this is a disgrace. I have read cancer patients should be fast tracked is this correct?
  18. Hi guys just hoping for a little advice. First off I will give you a little background I am disabled and have congenital spinal deformities etc I was Medically retired by Her Majesties government back in 2009 due to my condition serverly worsening etc. in 2016 I had an op on my spinal cord because to release certain nerves etc and the day after my release had to go for a medical for the DWP, passed that but then 4 - 5 months later had to go for another , again another 5- 6 months later into 2017 had to go for another again passed that . Yet again they have decide to send me for another one even though I have sent them all my medical info my medical retirement info which they done yet keep wanting a medical ... I wonder if they know that congenital problems don't fix them selves. My main question is this normal ? I've sent evidence which shows i have bladder and bowel issues which i use devices, i use a wheel chair, my MRI results and letters from consultants etc
  19. I have debts of over £8000 and monthly repayments of over £400 with ever increasing interest rates now over 40% on some of the debt and now I am struggling to meet living cost's and i am now getting depressed about the situation . My situation is that i am on the support part of Income based ESA due to 7 medical conditions : Stage 3 cancer which ended my employment ----Cerebal svd---Hypothyroidism--Severe asthma --High blood pressure--Costochondritis--Bilateral plantar fasciitis and now checking for metstatic cancer due to worsening bone pain and left side paralysis at night which badly effects my sleep. My wife works part time (10 hrs per week ) most of earnings is taken away from my ESA payment and the remainder about £11 just covers my fuel cost to take her to work each day. I have one child aged 13 and one aged 19 at University living with us. About 3 months ago i contacted my private pension provider about accessing my pension earlier and they confirmed that my medical conditions met this criteria but i would need to fill in forms and have them signed by my doctor .I have done this and now have received information from my pension provider that i can withdraw my entire pension pot of £29000 minus bonus penalties and tax liabilities . My question is i want to clear all my debts --purchase a reliable car as mine is 13 years old with little or no chance of passing an mot in 2 months time and use some of the remaining money to purchase a funeral plan .I also require some medical aids to help me at night as i sleep on the floor on a matteress in the frontroom as i cannot access the stairs at night due to balance issues and i need to the toilet 2 or 3 times a night . I have been advised that my ESA will stop as they will see me using the money as deprivation of capital and this is why i am asking for advice as i have know where else to turn to now if this is the case .
  20. Hi, I'm currently waiting to be assessed by Maximus - I've sent my ESA50 back and am waiting for them to decide if I can have a home assessment. I've been sent a P60U today - is this normal? It shows how much I've received in ESA, but nothing under "taxable income" - presumably because I'm on Income Related ESA? Just wondering why I've been sent this. Is it normal?
  21. Hi, Hope someone can help. Our daughter recently died.We have had the funeral but the matter of costs is worrying. She has no estate as such and only has around £800 in her account . She received an ESA payment of around £250 2 days after death and one weeks housing benefit of around £80. My main question is her funeral has cost around £2600 + , we paid the cremation fees and cost for a celebrant up front which was around £1000. There is a £1600 bill to be paid to the funeral directors which is due on the 10th April. My brother in law who used to be a bank manager is dealing with her money etc... on a sort of imformal basis as the estate/money is so small. Can my brother in law direct all the money in her account towards funeral costs or will the DWP or council demand repayment of any overpayments? My brother in law says they can chase after him for overpayments as we are aware the payments came into her account before we had a chance to freeze her account. My wife and i are on low income but don`t qualify for a funeral grant(as far as aware) as we are only on working tax credits (without child element) and a basic state pension (without pension credit). Any help or advice appreciated. We are preapred to pay the remainder of the £1600 due but need clarity on how much we can use from her account.
  22. Hi, I have been looking at the various info in the various threads and was hoping that someone could confirm or even advise if I have got the process correct. Some 12 weeks ago I had an ATOS 'assessment' which was to move me over to ESA from Incapacity Benefit and have today been notified that I have been placed in the ESA WRAG Group. I know having read all the guides on filling in the forms that I would/should score 15 points on one condition alone thus meeting the Support Group criteria, so I now intend to seek a reassessment of the decision. So my steps should be: Phone and state that I wish to appeal the decision, request a copy of the Atos Assessment, a copy of the score sheet relating to the criteria I was judged on and a copy of the decision makers statement clarifying the reasons for the decision. Are these three separate documents ? The one part that I'm a bit confused about is the rates of benefit if I continue to the appeal and if they change from the moment I phone up to Appeal. Any advice is more than welcome. Thanks
  23. I was on income based ESA in the support group. I just got a letter today, 29 Mar 2018, dated 23 Mar 2018 that my ESA will be cancelled from 27 Mar 2018. Reason: You have not paid or been credited with enough National Insurance Contributions. We have based the tax years ending 5 April 2011 and 5 April 2012 to assess your claim. What confused me is that I was claiming JSA all through those tax years. I thought JSA credited NI payments? Also, in the same letter it says: We will still credit you with National Insurance contributions while claiming Employment and Support Allowance. So, I am confused. How can I run out of NI payments on income based ESA in the support group? There are absolutely no instructions what to do next. They cancelled my ESA 2 days before I received the letter so I have absolutely no income provision. What are my options? Will my housing benefit be cancelled and I am made homeless again?
  24. Hi, has anyone on here done permitted work whilst receiving ESA ?. If so, has it caused you any problems relating to your ESA ?. Eg-your ESA has been reduced , even though that shouldn't happen if you contact DWP before you begin any work and the work is 'supervised'. Permitted work seems a contradiction in terms to me. Re the fact that a person is on ESA and other Income is usually taken into account and the ESA reduced accordingly. I've been reading up on it and you can work up to 16 hrs per week and earn up to £125 per week (From April when minimum wage rises to £7.83 per hour).
  25. Has anyone seen the news today re the DWP having underpaid thousands of people on ESA between 2011-2013/?. They are now stating that they will be contacting all of these people and will be paying them the money they should have had. It seems the average amount owed to the majority is around £5,000, but some people could be owed up to £20,000 !. From what I can gather, this underpayment arose because when Incapacity Benefit claimants were transferred onto ESA from 2011, many were mistakenly put onto Contribution-based-based ESA instead of Income-related, which meant that many people who should have received Disability premiums (only available when on Income -related ESA) have not been receiving them. Apparently tbe DWP have been aware of this for up to 5 yrs and not done anything about it. I'm not sure how it has come to light now, but I've been searching online to try to find out. When you are placed on Contribution -based ESA as I was, after 12 mths they are supposed to transfer you onto Income-related ESA and you would then start to receive the Disability Premium/s. This didn't happen so the DWP now owe an estimated amount of £350 million to thousands of people. We need to be on the ball regarding this, as can you imagine the further cock-ups which will probably now happen while DWP are wading through lists of claimants whom they owe this money to and the many who will probably NOT receive any monies owed because, let's face it, DWP have yet again proven that they are incompetent. So why should anyone who now discovers they are owed money trust that the DWP will automatically now pay them this money, plus how long is this all going to take when it involves thousands of claimants ?. If anybody learns any more about this, I'd be grateful If they could post the info here.
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