ESA - Help and advice needed.

[peksy]

Hi everyone,

 

I'm a newbie to the site =) I have a few q's I was hoping someone in the know might be able to help me with.

 

I was told that if you are going to be in the work related limited capability group rather than the support group after an assessment your appointment for the next medical is made then and there. Is this true?

 

I was also wondering what the average waiting time is for a decision maker to decide on entitlement for ESA is and is there an emergency ESA fund for people in financial distress?

[speedfreek]

I'll try and answer this as best I can.

 

I was told that if you are going to be in the work related limited capability group rather than the support group after an assessment your appointment for the next medical is made then and there. Is this true?

 

Not strictly true although it's probably not impossible for that to happen.

 

Originally it was envisioned for ESA that after the 'Limited capability for work' test (This decides whether you are entitled to ESA. You need to satisfy the 'limited capability for work' test in order to stay on ESA.) If you passed you would after a 15 minute break then undergo the 'Limited capability for work-related activity' test (This is only relevant if you pass the 'limited capability for work' test and so are entitled to ESA. It determines whether you go into the 'work-related activity group' or the 'support group' )

 

In practice (due to various reasons) this 'Limited capability for work-related activity' test would not happen straight after but have to be done at a different date so a new appointment would need to be booked. This is why I say you could be asked to book it there and then, but it's not a certainty and it's just as likely that you may have to wait on a decision on whether you've passed the 'Limited capability for work' test before being called back.

 

I was also wondering what the average waiting time is for a decision maker to decide on entitlement for ESA is and is there an emergency ESA fund for people in financial distress?

 

You could apply for a crisis loan if you meet the criteria? - I don't know much about then but if you search this board there will be plenty of information on them if somebody else doesn't add to this 1st.

 

You really need to give a bit more information on where you are in the ESA process before anyone can answer this with any certainty

 

There's a delay between 1st application and being awarded/paid the assessment rate. Delays in payment can also be caused by sending in Fit notes/medical certifications late whilst in the assessment phase. As well as a delay if you appeal a decision. So a bit more info may get you some better advice.

[peksy]

Hiya, thanks for that =) after reading that claimants were given the second medical test immediately after the first, I assumed that I was either in the support group or had failed.

 

I am a new ESA claimant but claimed JSA beforehand.

 

After I applied for ESA I was told I was not eligible because I was in full time education (but I haven't been since 2008 due to health issues) I then asked for a reconsideration as they did not have the correct info but uni took their time getting the relevant info together. I finally got uni to e-mail the info to me today so I could fax it over to the BDC in Birmingham and are now awaiting the outcome 10 weeks after applying. I have had no money for 10 weeks other than what I got for my bday and crisis loan for food but that doesn't cover bills . Aaaaaaaaanywho, in the meantime I had my medical assessment yesterday and do not know what happens next. The nurse didn't tell me whether I had gotten 15 points or scored 0, if she doesn't know the outcome then how soon will I find out from DWP??? this process baffles me no end. Sorry if I sound a bit dense but this is all new to me.

[speedfreek]

Don't worry about it as it's a very confusing process and very few of us understand it

 

Sounds complicated did you get any advice or help with the them thinking you were in Education problem?

 

To be honest I can't suggest anything on that (as I honestly don't know) except to call them to make sure that they've received it and ask them how long it will take? can anybody else advise here?

 

As for the 'Limited capability for work' result can be anything from 2 weeks plus.

 

The way ESA works is you are in what's called the Assessment phase from claiming until week 13 (this is paid at the same rate as JSA). If you pass the 'Limited capability for work' test you then can be put into either of the 2 groups and you get a premium on top of around £30

 

Now if you don't pass this test you have a few options

 

1, try and claim JSA

2, Appeal - if you appeal as soon as your appeal letter reaches them you should go back onto the assessment rate

 

Advice for appealing can be found in Honey Bees thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information

 

I'll also offer up this page (it has some advice on how to contact help services as well) http://www.mssociety.org.uk/get_involved/policy_campaigns/key_issues/benefits_and_work/esa_appeals.html

 

If you continue to have problems or are told that you have not passed the 'Limited capability for work' test then try to find some help.

 

Places to find help can be found listed on your councils website or you can google search for your local CAB and Welfare Rights organisations. There are some national charities/legal services which offer advice lines etc as well and if you have a specific condition some smaller charities have tailored advice for specific benefit so are worth finding.

 

It helps!