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My Incapacity Benefit and change to ESA


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Hi ErikaPNP and thanks for your reply, well they refused to overturn the decision on my reasons for disagreeing, i then submitted a letter from my GP 3 weeks ago, the manager of the dwp that deals with my claim has emailed me back to tell me that she passed it to the appeals team, since then i have seen my consultant (which they were aware was happening) and he now has said he will write for me, that letter i will submit to them this week, i havent heard from the tribunal as yet.

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If no submission has been made to the tribunal as yet and there is enough within that letter to overturn then they will - they prefer to overturn a decision rather than send it to the tribunal if at all possible.

 

It can take some time after a submission to TS before a claimant will hear from them, and even longer for an appeal to be heard, so here's hoping the DWP can overturn the decision in your favour, as it tends to be quicker this way - you've waited long enough already.

 

Best wishes, and I hope you get some good news soon.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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some of you must know my situation with the dwp by now, my question is this, how can they tell me to sign on for JSA when i am on treatment which includes regular appts with both my Psychiatric Nurse and Consultant Psychiatrist, neither of these people think i am fit to work as the therapy is taxing enough, so where does that leave me with the dwp? they are ignoring my letters and seem happy to leave the whole lot to the appeal whenever it finally happens, meanwhile i am on reduced benefit, have the tv license people making threats and the water company making threats, i am barely getting through on the £51.45 weekly and am dreading the cold weather as heating is not an option, its just ridiculous.

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The general concensus is that whilst a person is awaiting an appeal, for IB they should sign on JSA (which won't prejudice the appeal) or reduced rate incapacity. You cannot get both so I have no idea why they are encouraging you to sign on to JSA.

 

Have you consulted a Welfare Rights unit about this, Ruby? Have you claimed DLA at all?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

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no i have never claimed dla, i was on incapacity benefit due to anxiety and depression, which has turned out to be part of bipolar disorder which has only just recently been confirmed to me, i told the atos doctor that i was awaiting an appt with my local mental health team re my health, all of which was not on the report blah blah, i have no welfare rights in my area, and the cab that we have is only open a few hours a week and a first come first served thing and there has always been too many in front each time i went down, to be honest some days i just cant cope with the thought of going, which i know wont help but its this condition and now the new meds seem to knock me out which i am told is a side effect which will ease off in time.

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i wonder if i could write to my local cab and maybe get hold of an appt that way if i explain my prob and that its hard to get in there etc, i really have just had enough, the dwp have said as i am claiming reduced IS awaiting for appeal thats all i can do, or not go ahead with appeal and go on jsa and get a job, which clearly at this time i cant do, everytime i ring them i get a different person a different instruction and usually a rude or unpleasant response, which of course i cant prove, it really is out of hand.

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They are correct in that those are the only options available to you whilst awaiting appeal: JSA or reduced rate incap. I would stop ringing them. Email or write only, as ringing them is obviously not helping you at the moment and if something is in writing then you do have proof of what was said. Emails are even better because you can prove you sent an email, and the content. If the appeal has been forwarded to the Tribunal's Service by DWP, then it's also out of DWP hands, so I'm not sure how the CAB would be able to help you?

 

I would recommend that if you are in need of additional care/mobility needs as a result of your illness that you apply for DLA with the support of CAB and yes, writing to the CAB and explaining is an idea - they may well offer you an appointment that way.If you have had the condition for more than three months and are likely to have it for more than 6 months then you should apply. Even though you have only recently been diagnosed, it is now known that it is a symptom of your illness which you have had for some time.

 

My daughter is disabled and although we only recently got a diagnosis it doesn't mean she's only had the condition since the diagnosis of it. She's had it since birth, we just didn't know what was causing her difficulties - so don't think that because you have only recently been diagnosed that you don't fit the "three month" qualifying period.

 

Be aware though, that DLA also has a reputation for turning down a lot of claims - I want to make you aware of this now so that you know this may happen, if you decide to go down this route.

 

Do you have a CPN/Social Worker who can support you? Social Workers quite often act as representatives for benefit claimants though they won't be as well versed as Welfare Rights officers, they may be able to help.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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yes well thankfully bt have cut the landline off now so thats put paid to the ringing, yes i have written and emailed but have not got any replies, i was thinking that maybe the cab would have someone that could attend the tribunal with me as its not going to be a fun day and i would need someone with some knowledge etc, yes i have regular appts with the CPN and the Consultant Psychiatrist who was writing a letter for me last week, i did ask him to send it to me so i could copy etc but it looks like hes sent it to the dwp, i am seeing him next on 9th oct, am seeing the CPN again on the 2nd but shes a bit frosty sometimes, i dont altogether feel comfortable with her, and its the doctor whos writing so will check ,with him and get a copy etc, i guess meanwhile its just the waiting game, i couldnt cope with the dla millarkey, thanks though Erika you are a good help on this forum and i wish your daughter well.

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It's not a good mix when you're uncomfortable with a person who should be helping you, and it may hinder you. Are you aware that you can request someone else other than your current CPN?

 

It may also help to have some support from DIAL or MIND, if you are not already in contact with them.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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i will take a look online at dial and mind and see whats what, and yes if the next appt with the cpn doesnt ease me then i will ask for someone else when i see the doctor on the 9th, the meds are kicking in now and i am sleepy but have noted dial and mind for tomro, thanks again.

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No problem, Ruby. I know from your posts that you are a strong person, but there's no need for you to go through this on your own when there are people who will support you. Unfotunately we cannot always solve what we would like to solve but we can be there for you :)

 

Take care of yourself.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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You could also make a claim for Employment and Support Allowance whilst the IB is in appeal. This is instead of JSA.

 

When you make the claim, if it is within 8 weeks of the IB claim it will initially be linked back to IB and the claim sent to IB to see if they can pay. As IB is in appeal, they will send the claim back to ESA to process into payment.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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Yes, she does have to attend. Here is some information which might be of use:

 

What happens at a work focused interview?

 

When you are called to the interview a 'personal adviser' will discuss your work prospects. A work focused interview is intended to:

 


    1. assess your prospects of obtaining work
    2. assist or encourage you obtain work
    3. identify activities that you may undertake that will make remaining in or obtaining work more likely
    4. identify training, educational or rehabilitation opportunities you can take which may make it more likely that you will obtain work
    5. identify current or future work opportunities, including self employment, relevant to your needs and abilities

     

To pass the interview requirement, you must not only turn up for the interview at the right time, but also take part in it. You are expected to answer questions about your educational qualifications, any vocational training you have undertaken, your employment history, your work-related skills, any paid or unpaid work you are doing and any caring or childcare responsibilities you have.

 

You may also be asked about any medical condition which in your opinion puts you at a disadvantage in getting a job. This may involve discussing a capability report provided by the DWP doctor who examined you. Participation in these work-focused interviews should not adversely affect your benefit claim.

You will also be required to help the personal adviser complete an 'action plan', which will list the steps you are willing to take in order to enhance your job prospects.

 

However, you are not required to do any more than take part in the interview. Whether you actually attend training, follow up on a job vacancy or do anything else agreed in the action plan or suggested by the personal adviser is entirely up to you.

You may be required to take part in further interviews at a later date.

 

 

What if I don't attend?

 

If you don't attend the interview without good cause, your claim will lapse or your benefit will be reduced. So you should still attend the interview, even if you feel it is inappropriate for you at the moment (or contact the benefit office straightaway within 5 days of the date of your interview to tell them why you cannot or could not attend).

 

 

What is good cause for not attending an interview?

 

There is no definition of good cause. It could be for a variety of reasons. For example it would be good cause if there was a misunderstanding due to learning, language or literacy difficulties. You might also have good cause if you had to keep a medical or dental appointment or if you were ill due to your condition and this made it impossible to attend the interview.

 

 

Who does not have to attend a work focused interview?

 

The personal adviser may waive or defer attendance for an interview if they consider that it would 'not be of assistance' to you or 'appropriate in the circumstances'. Once attendance has been waived you are treated as if you had taken part in the interview. If attendance has been deferred you will have to attend an interview at a later date.

You are also not required to attend a work-focused interview if:

 

  • you are aged 60 or over.
  • you are about to start work
  • you are working 16 hours or more a week
  • you are placed in the employment and support allowance support group
  • you are claiming IS/IB and are exempt from the personal capability assessment (PCA)

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Atos asked me if I could walk far with my stick, I said about 25 metres maximum if assisted. They then wrote I could walk further with a stick and am now placed in the work related activity group even though I get high care and mobility from the DLA. They are sick and so is the government. Bullies.:-x

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I managed to get a home visit due to not being able to walk without intense pain and agoraphobia. He came last week and I managed to only walk about 5 steps to the kitchen with my stick. He didn`t ask me to even try the stairs. He saw my bannisters and downstairs toilet raiser. Hopefully he noted that we are waiting astairlift and wetroom.

And yes even with a 28 page Consultants report and letters from GP saying that I will not be able to work again (I have worked for 35 years and only have 5 years until retirement) and having been off work for a year living off what savings I had left.

I had no choice but to ask for help and am on high rate DLA not even having to appeal.

ATOS have said as with you that I am in the work related group!!!!

Totally nonplussed and will appeal

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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I too have worked for 35 years and have 5 years to retirement! What alarms me is that where else in the UK would you have a company being allowed to give results on people when they are paid to fail them? I was so outraged and have been very ill since receiving my letter. Had the doctor out today and he said that doctors are not too pleased either having their professional integrity swept aside by some health company second guessing their diagnosis.

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Leahkins

We seem to have similar problems. I won1t hijack Rubt T`s thread buy will start another called CAPITA AND ATOS

IF I HAVE BEEN ANY HELP AT ALL OR JUST MADE YOU LAUGH AT MY STUPIDITY PLEASE MARK MY PERFORMANCE!

 

ALSO REMEMBER TO DONATE. EVERY LITTLE HELPS AND THE FORUMS ARE FOR YOU!;)

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crapita say no more except put that in search

If I have been of help to you please feel free to click my scales to the left Thanks.:)

I have no legal training and the advice I offer is what I have learnt here and offered as a matter of support. Before you commit to any Legal action you are advised to contact a qualified legal practitioner.

 

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 

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POMPEYFAITH V Co-Op PPI

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ONGOING AND STILL ONGOING

NOW WITH THE OMBUDSMAN

 

R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

 

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  • 3 weeks later...

I think there is another issue here. Once they have 90% of the disabled population classed as either fit for work or fit but with limited capability they will then get rid of 90% of DLA money. The only people who will receive this money, if at all, will be the 10% in the support group. Most likely nobody will receive it in a year or so.

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please bear in mind not all ATOS ORIGON ARE DOCTORS only a portion are doctors ...you must ask for the full qualifications of this person who interveiwd you and is he a fully qualified doctor...

i suspect not but you can ask for a full SUBJECT TO ACCESS REQUEST FROM ATOS and ask them to show this persons qualifications also sar the dwp but ask for a full audit in your sar ok

patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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  • dx100uk changed the title to My Incapacity Benefit and change to ESA
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