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Another ESA failure albeit slightly different. Help ?


CharlieAdam
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Evening all, Just came across the site whilst searching for advice on benefits.

 

I have been on IB for 6 years suffering bereavement, arthritis in the knee, muscular pain, tics, depression, anxiety and self harm.

 

I went for the ESA assesment on Dec 20th, 10 minute assesment, asked nothing about my mental condition, just asked me to touch my toes etc... Tell a lie, she did ask me about going out and getting out of breath... But thats about it, terrible system needs scrapping.

 

So i get a phone call on the 23rd roughly saying i have failed and my money will be stopped early Jan. I havent had the letter yet but after phoning around i have found out my money was stopped on the 3rd of January, so i am going to appeal, Its a nightmare to get an appointment with my GP aswell for the sick note i need to send in with the GL24.

 

I am (or as far as i know, still am) in reciept of DLA lower rate and i recieve underlying entitlement to carers allowance, ( I care for my aunt who is bedbound and also severley depressed)

 

At the moment i am not recieving any main benefit apart from the DLA (£78) a month.

 

Does anybody out there have any idea what i can do? The guy on the phone told me i may be able to claim Income Support and carers tupup but this will lose my aunt her severe disability payments, (from what i read) so i dont want that. The fact i care for her a lot, (she does have a professional carer) but i do help her when no ones there.

 

Im just unsure what to do, Im on 40mg fluoxetine a day and still feel the need to self harm and this extra stress these incompetant fools are causing makes me want to harm before i see my gp, they dont believe a word anymore. But im trying my best not to do it.

 

Many thanks in advance.

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You state you have under lying entitlement to Carers Allowance.... You have the option to claim Income Support on the strength of this, it is a condiotion of entitlement,

If you do deciided to claim ask for backdating to the day after your entitlement to ESA ended.

 

You were awarded under lying entitlement to CA because you had IB in payment and you cant get C.A and I.B together..

 

If you are over 25 you should get £67.50 plus the Carers Premium of £31.00, and DP £28 this is because you have DLA

 

If CA is put into payment the you aunts SDP will cease, but remember I.S is a means tested benefit and sometimes if you dont claim a benefit that you are entitled to claim then it may be assumed, in other words the amount of CA you would be entitled to claim will be deducted from your I.S.

 

I am assuming you are a single person with capital less then 16k.

If this assumption is incorrect then post some more details

Edited by MIKEY DABODEE
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Yes im single, 25y/old, dnt have much savings at all, I cant mess with my aunties payments either, she wont allow it & i wouldnt want to do that. Do you think the only way forward is to appeal this ESA decision ?

 

Thanks alot.

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People do claim I.S with U/L entitlement to CA claim I.S with no problem at all and have not been asked to claim full Carers Allowance., but I have seen cases when it has been picked up and then gone to a decision maker for the CA to be assumed if the CA is not claimed.

So it can go either way.

 

Its a tough call, you are still ill so you are entitlled to appeal the ESA,

 

You are entitled to I.S, you could be lucky and the claim will be processed and everything will be fine but it may be picked up at a later date.

 

Unfortunately I cant advise you what option to take, but if it is picked up and assumed then your aunties SDP istill would not be effected as CA would still not in payment just assumed for I.S purposes, but of course you would have the £55.55 knocked off your I.S.

C.A is £55.55

 

I dont know what the ESA appeal rate is..

Edited by MIKEY DABODEE
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Does anyone know what the ESA appeal rate is and if on the ESA appeal rate do you get the DP, the op has DLA... and the Carers Premium

 

When you get these figures Charlie then decide whats best...

 

There's no disability premium on ESA. The appeal rate is the same as the rate you get for the first 13 weeks. (£67.50 for over 25s)

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Thank You - is it me just being thick, or is all very confusing, and I am only claiming for me - no family or anything, that must be a nightmare.

 

Lilly

 

It is confusing. I think some of the people who process ESA are still learning.

 

out of curiosity,if you fail the medical,which i fully expect to do,if i go on jsa ,can i still appeal and would i still get the disability premium,

 

You would get the disability, yes.

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Been Doctors today, Signed me a 1 month sick note no problem, I asked if i needed any more would it be ok, he said yes but we generally only give them a month at a time. So now im just waiting on the ESA report on why i failed. Been and sorted the housing benefit out also. Its a pain when all this happens. Piles a lot more pressure on. Will keep updated. Thanks all.

 

Sorry, but if i get the ESA at the reduced rate when i send my appeal and sick note in, will i get carers allowance paid or will it stay as an underlying entitlement with no pay, I dont want this to mess with my aunts SDP. Thanks again.

 

Im going to have to phone them back and find out. :(

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Did you get the carers premium on your ESA claim prior to failing your medical

 

How does Carer’s Allowance affect ESA ©?

Under the overlapping benefit rules, CA cannot be paid for the same periods as

 

ESA ©. Underlying entitlement to CA remains and the customer can start to

 

receive CA again when ESA stops, as long as the conditions of entitlement

 

continue to be met.

 

How does CA affect ESA(IR)?

For ESA(IR) cases, CA is taken fully into account. A carer premium (CP), is

 

included in the assessment of ESA(IR) when the customer or partner:

 

 

receives CA, or

 

 

has an underlying entitlement to CA.

 

 

Edited by MIKEY DABODEE
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Hi

Have you asked for the medical report from the assesment ....you must get this as many of us have found that much of the info on it has been either under reported or over reported ...also the DM has no formal quals . medically and will only go on whats on your report ....you will also be able to find out from your report what qual. the said assor has ...and you must ask for reconsideration ....after that if they don`t give you ESA then go to appeal. You will be paid the lower rate of ESA whilst awaiting the outcome but you must state that you do expect to be paid this .....

 

Just been through it myself and have mine now :)

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Did you get the carers premium on your ESA claim prior to failing your medical

 

 

I was on Incapacity Benefit for 7 years prior to this, I have never been on ESA, Whilst on IB i was recieving the underlying entitlement to carers allowance.

 

Whats the difference between ESA © and ESA (IR).... I assume its for couples? (IR)

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Hi

Have you asked for the medical report from the assesment ....you must get this as many of us have found that much of the info on it has been either under reported or over reported ...also the DM has no formal quals . medically and will only go on whats on your report ....you will also be able to find out from your report what qual. the said assor has ...and you must ask for reconsideration ....after that if they don`t give you ESA then go to appeal. You will be paid the lower rate of ESA whilst awaiting the outcome but you must state that you do expect to be paid this .....

 

Just been through it myself and have mine now :)

 

 

Hello, yes i have requested the report its in the post now, I have a month from the date my IB stopped (3rd Jan) to get it back, I have a Dr's note dated the 4th here aswell.

 

Im was going to call them up and find out if im still in reciept of DLA and whether the Underlying entitlement has changed to Carers allowance (paid) whilst i am recieving neither ESA or IB but i didnt go into my aunts to call them as the home help was there.

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http://www.turn2us.org.uk/information__resources/benefits/esa.aspx

 

 

you say you are receiving £78 per month DLA you have low rate mob or low rate care DLA...

 

You were on IB and transferred to ESA failed the medical and now will appeal..

 

Unless you claim the CA it

should not be put into payment and your auntys SDP should be fine

Have to say though you might have been entitled to I.S top up for your IB for years, its so sad that lots of people miss out on so much

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you say you are receiving £78 per month DLA you have low rate mob or low rate care DLA...

 

You were on IB and transferred to ESA failed the medical and now will appeal..

 

Unless you claim the CA it

should not be put into payment and your auntys SDP should be fine

Have to say though you might have been entitled to I.S top up for your IB for years, its so sad that lots of people miss out on so much

 

I was on approx £218 per fortnight, I got along fine on that tbh.

 

Many thanks for the help, much appreciated.

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I was on approx £218 per fortnight, I got along fine on that tbh.

 

Many thanks for the help, much appreciated.

 

You could have been entitled to I.S :(

 

I.S to Include PA DP and CP, would have given you an applicable of amount of £126.50 per week

 

Minus of course your IB that would have left you with £15.50 per week I.S top up..

£31 per fortnight... DLA is not taken into account on I.S but would give you the DP and your U/E to CA gives you the CP

 

lots of people miss out :(

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Damn i feel sick missing out on that.. Im not greedy though and got by fine on what they gave me, although it would of been nice !

 

I did get the report and score sheet back today, They scored me zero points, the report isnt inaccurate so to speak, the only problem is they think my problems are easy enoughth to set aside and estimate i can be in work within 3 months. They dont know the full extent of my problems, i dont think they ever will, i find it almost impossible to open up to a doctor or stranger i dont feel comfortable doing so yet i think whats the point, you cant help me anyway. The only thing i can relay to them easily is the thing im doing to my arm when im feeling the stress.

 

The only things she wrote (registered nurse & approved disability analyst) about the findings were pretty much all normal or absent, except for, Rapport - Adequate, - Facial Expression - Reduced (may indicate depression) - Poor eye contact, - Concentration - Adequate. Although she didnt get it all right.

 

Prognosis, She advises a return to work could be considered within 3 months, The ESA50 history and examintaion indicates the client may return to work in the shorter term.

 

Personalised summary, Mr XXXXX suffers from anxiety and depression, he is treated by his gp on a standard anti depressant and has no specialist input for his depression, his typical day demonstrates that he is able to carry out most of his daily activities although sometimes lacking in motivation, and can also drive. At examination today he displayed some signs of mild depression but coped at interview and was able to give a good account of his problems (she hasnt heard half of it) His mental state examination was unremarkable. ??

 

He also suffers from musculoskeletal problem affecting his back and his right knee, (its my left knee, i told her this twice after she asked me twice, trying to catch me out) He takes occasional mild analgesics for this and has no specialist input, his typical day demonstrates he can get around his own home, can drive his car (its not mine, -assuming much ?) and can walk for upto 10 mins before experiencing leg pain (the pain is there all the time, im used to it) His examination of his lower limbs was entirely normal in function and power (thats wrong, i can push lightly on her hand like she requested but my left leg is considerably weaker then the right, i dnt know why)

Examination of right and left knee shows no abnormality, (just because you cant see it, doesnt mean its not there)

 

Overall evidence suggests significant functional restriction is unlikely.

 

Thats just a little bit of the report. Im concerned about getting zero points yet my doctor clearly thinks im not "normal" This woman didnt even ask to look at my self harming, she wasnt interested.

 

She also said i am physically capable of washing dressing etc, making hot meals, using a microwave, tidying up, (putting something in the bin, yes, i can press a button on the microwave, yes, ive worn the same clothes for pretty much 3 years.) Can do laundry, drives, is able to talk on a mobile phone, makes his own gp appointments, attend them on his own, has no diffuculty completing an esa 50 form (i did attend school for god sake) But she has put "talks to his next door neighbour and another neighbour" this is untrue, I know the nxt door neighbour to say hello to but i dnt talk to him at all and the other neighbour over the road has lived there for 20 years and watched me grow up, its nice to know one person isnt it..? & hes moved away last week ! They are the only people i talk to, that is my social life entirely, I dnt see my family, mother or father, my mother gave me away at 2 mnths old to my nan and grandad who brought me up for 18 years (men were more important to her than i was) then they died within a year of each other when i was 18, this is the origin of my problems. The only other person i talk to is my aunt who i care for and we help each other out as much as we can.

 

Lastly, she stated i looked well and was "well kempt" i assume she means well kept, Now i dnt want to try and cheat the medical at all but i did make sure i didnt dress smartly for it, i went there in dirty clothes, very old shoes and hadnt shaven for a month. I dnt know what this woman was looking at to be honest. That part has really pee'd me off. Lies.

 

I dnt know what to do, just feel empty and dread them denying me this, i dnt know what i'll do.

Edited by CharlieAdam
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http://www.dwp.gov.uk/docs/wca-handbook.pdf

 

Hi use the link above and you will find the discriptors that are used to score ...either find someone to go through your medical report with you that you can trust or try yourself or ask CAB ....either way you can ask for a reconsideration to your ESA .

 

You will need to highlight your concerns and link them point by point with the DWP document to make it easier for you to know what the lowest score you believe you should have scored and the highest score .

 

You need 15 points or more to get ESA .

Enclose any further medical evidence you can a doctors letter about your conditions should surfice and a sick note to cover you.

Send a letter to the office with your concerns and ask that whilst under reconsideration your monies are still paid.

 

You must do this asap but do not rush the point by point list make sure you cover and say how you feel about the report .

Make sure you keep copies of all you send .

 

Hope this helps :)

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