Help needed for claiming ESA

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You need to ask for someone who specialises in benefits.

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IS doesn't have those groups. As a carer, I think there are rules regarding work related interviews.

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Mikey - does your calculation include the carers premium of around £31?

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First of all, he was really concerned that my partner had been placed in the work-related group without even being assessed. He said they only do that if you fail to turn up for an interview,

 

This is wrong. Some people fill their ESA50 in such a way that DWP believe they have enough information to decide what group someone goes in.

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Sometimes, if the ESA50 contains enough information, a decision can be made that way. I have heard of it happening a few times.

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You can only appeal if he meets the criteria for the support group.

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but basically it came down to something like being on DLA does not mean that my partner is not qualified for full-time work,

 

But he has been deemed too ill to work, hence ESA.

 

If the law states (which is does) that someone is entitled to IS, they have every right to claim - regardless of why they qualify. DWP will only turn you down if you don't meet the criteria. Whether that be because income / savings are too high, or whether you don't meet the other criteria. (if you receive carers allowance, you have an entitlement to IS)

 

You have been told rubbish. I would be tempted to complain.

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Support group descriptors

 

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid can reasonably be used.

Cannot either

(i) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion

or

(ii) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.

 

2. Transferring from one seated position to another.

Cannot move between one seated position and another seated position located next to one another without receiving physical assistance from another person.

 

3. Reaching.

Cannot raise either arm as if to put something in the top pocket of a coat or jacket.

 

4. Picking up and moving or transferring by the use of the upper body and arms (excluding standing, sitting, bending or kneeling and all other activities specified in this Schedule).

Cannot pick up and move a 0.5 litre carton full of liquid.

 

5. Manual dexterity.

Cannot either:

(a) press a button, such as a telephone keypad or;

(b) turn the pages of a book

with either hand.

 

6. Making self understood through speaking, writing, typing, or other means normally used.

Cannot convey a simple message, such as the presence of a hazard.

 

7. Understanding communication by hearing, lip reading, reading 16 point print or using any aid if reasonably used.

Cannot understand a simple message due to sensory impairment, such as the location of a fire escape.

 

8. Absence or loss of control over extensive evacuation of the bowel and/or bladder, other than enuresis (bed-wetting) despite the presence of any aids or adaptations normally used.

(a) At least once a week experiences

(i) loss of control leading to extensive evacuation of the bowel and/or voiding of the bladder; or

(ii) substantial leakage of the contents of a collecting device;

sufficient to require cleaning and a change in clothing.

 

9. Learning tasks.

(a) Cannot learn how to complete a simple task, such as setting an alarm clock, due to cognitive impairment or mental disorder.

 

10. Awareness of everyday hazards (such as boiling water or sharp objects).

(a) Reduced awareness of everyday hazards leads to a significant risk of:

(i) injury to self or others; or

(ii) damage to property or possessions,

such that they require supervision for the majority of the time to maintain safety.

 

11. Initiating and completing personal action (which means planning, organisation, problem solving, prioritising or switching tasks).

Cannot, due to impaired mental function, reliably initiate or complete at least 2 sequential personal actions.

 

12. Coping with change

(a) Cannot cope with any change, due to cognitive impairment or mental disorder, to the extent that day to day life cannot be managed.

 

13. Coping with social engagement due to cognitive impairment or mental disorder

Engagement in social contact is always precluded due to difficulty relating to others or significant distress experienced by the individual.

 

14. Appropriateness of behaviour with other people, due to cognitive impairment or mental disorder

Has, on a daily basis, uncontrollable episodes of aggressive or disinhibited behaviour that would be unreasonable in any workplace.

 

15. Conveying food or drink to the mouth.

(a) Cannot convey food or drink to the claimant’s own mouth without receiving physical assistance from someone else;

(b) Cannot convey food or drink to the claimant’s own mouth without repeatedly stopping, experiencing breathlessness or severe discomfort;

© Cannot convey food or drink to the claimant’s own mouth without receiving regular prompting given by someone else in the claimant’s physical presence; or

(d) Owing to a severe disorder of mood or behaviour, fails to

convey food or drink to the claimant’s own mouth without receiving —

(i) physical assistance from someone else; or

(ii) regular prompting given by someone else in the claimant’s presence.

 

16. Chewing or swallowing food or drink

(a) Cannot chew or swallow food or drink;

(b) Cannot chew or swallow food or drink without repeatedly stopping, experiencing breathlessness or severe discomfort;

© Cannot chew or swallow food or drink without repeatedly receiving regular prompting given by someone else in the claimant’s presence; or

(d) Owing to a severe disorder of mood or behaviour, fails to—

(i) chew or swallow food or drink; or

(ii) chew or swallow food or drink without regular prompting given by another person in the physical presence of the claimant.

 

Source

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Have appealed, but haven't got MIND involved, may be wise to, thanks for the tip. (What's a WR Specialist?)

 

I think it's welfare rights.

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For people who receive IS due to disability it is.