ESA say im fit for work,JSA say im not??

[martinmanchester]

Good afternoon everybody

 

i have a long medical history wgich includes 2 kidney transplants and cardio myopathy...i have recently been told my incapacity has been stopped and advised to claim esa.

I have filled in 2 forms and was 100% honest that i have good and bad days,i am on 23 tablets a day and also prone to frequent bouts of flu due to a very poor immune system(i dont sit at home all day but being in a working enviroment i have a lot of bouts of flu like symptoms which is why i lost my last job due to time off).

The esa have said i can work and will have to go for a mediacl(told october this year)but no esa till i do the medical....

My transplant specialist has said there is no point in a medical as there will be no transplant/heart specialists there and theres no point in being asked to lift a pen off a desk-a few of his patients have been and found fit for work.

I have then tried to claim jsa,im willing to try and work again(obviously i cant do physical work-no point in me being on a building site for example)but i have been told that i am too ill to claim jsa????

My housing benefit has been stopped and i will be evicted by the 25th of this month as it is impossible to find the rent when i live on £50 a week(dla)

Any advice would be welcome,if i can somehow claim jsa how long will it take and will my housing benefit be reinstated?

I also have utilty companies with demands as i cant pay everybody on £50 a week.

*My last ib payment was the 12th july,i have had a dla payment for £200 from the 1st august untill 29th august

 

thank you

 

martin.

Edited August 6, 2012 by martinmanchester

[Slatted]

So you were previously on Incapacity but following the review were told not entitled to ESA but they did not do a "medical" (Work Capability Assessment)? Have I got that right?

 

or did you refuse the medical because you "knew" you would not pass?

[martinmanchester]

Hi

 

not refused the medical but told it would be around october due to the waiting list,they will not pay me anything until after the medical.

I tried to claim jsa but was told over the phone i was too ill to work and it is unlikely i would find any employer willing to take me on.

As stated my housing benefit has been stopped and im left with my dla....

My specialist is the person who has told me i would be fit for work as i can do the basic tests they will ask,they will not take my blood results which i have done every 2 weeks at my transplant clinic or any form of examination.

My own gp asked me if i wouldn't need dialysis as much aftyer i ahd my transplant.....i understand not everybody can be an expert in every field but i would like the person who examines me to see me on a bad day...

Im willing to go for a medical today,but if i do have to wait i will be homeless by the time i finally go...

[count orlok]

While you are waiting for the medical you should keep getting your IB. Also you are entitled to HB and CTB as you have no income (DLA does not count) and would qualify on income instead of automatically because of the benefit you where on.

 

When you take the medical, if you fail you appeal and continue getting your IB so long as you send in sick notes (I refuse to call them fit notes as this is ridiculous and the last one I got while claiming Invalidity Benefit was called a sick note).

[abc123def]

Martin, I think the best thing would be to go to see your local CAB, they can deal with things directly then and there. You are entitled to a lot more than you are currently receiving and the sooner this is sorted the better.

[honeybee13]

Hello there.

 

I agree with the CAB suggestion. I've flagged this for the site team in case anyone can make further suggestions for you.

 

My best, HB

[RaeUK]

Hopefully, you have now already done so but if not - phone your local HB office asap and get your HB reinstated to avoid eviction ...

[martinmanchester]

Thank you for all the advice.I thought you had to claim benefit to get hb/ctb.Thanks again

 

martin

[flumps1976]

No you can receive HB/CtB on the grounds of low income so you can still receive it if you are on a low wage not just benefits

[hensteeth]

Thank you for all the advice.I thought you had to claim benefit to get hb/ctb.Thanks again

 

martin

 

You wouldn't believe how many people think that HB/CTB can only be claimed for if you are receiving a means tested benefit - ESA/JSA/IS/PC.

 

Even my daughter had her HB & CTB shut down when she was sanctioned for 13 weeks from her JSA claim. She and I honestly believed that as the JSA claim had been suspended all of her other benefits were suspended too for 13 weeks.

[Slatted]

So what is being said here is that even if sanctioned and no income from anywhere else, and no savings above threashold the HB and CTB can still be claimed? just have to make sure you apply for it during the iterim on a different basis? Does this apply to all only I seem to think other posters on threads on this forum are stating threat of eviction due to sanctions meaning HB stopped...

 

or am I getting muddled?

[Nystagmite]

Yeah, you can apply for HB / CTB and not claim other benefits. I think if you have no proof of income, you must prove how you're supporting yourself?

[45002]

http://www.consumeractiongroup.co.uk/forum/showthread.php?334820-Another-Marston-problem%28sorry%29&p=3688453&viewfull=1#post3688453

 

s,i am registered disabled and on income support and DLA due to 2 transplants and a heart condition.

 

 

Thank you for any assistance.

 

Martin.

 

Are you still getting Income support or when did it stop ?

 

Good afternoon everybody

 

My housing benefit has been stopped and i will be evicted by the 25th of this month as it is impossible to find the rent when i live on £50 a week(dla)

 

thank you

 

martin.

 

 

 

Hello Martin

 

Can I ask you

 

How long have you lived at your current address ? who's name is on the tenancy agreement ?

 

how many weeks are you in arrears with your rent ?

 

Has landlord served you notice to quit for rent arrears/section 8 ? has LL obtained possession order from county court ?

 

are you with social ( housing association or council ) or private landlord ?

Edited August 6, 2012 by 45002

[MIKEY DABODEE]

If you have transferred over from IB to ESA and sent in your ESA 50, they have looked at it decided you didnt need a medical and found you fit for work, then you can appeal this.

You need to do it straight away with one month. You will be paid ESA appeal rate whilst you wait for your medical that £71 per week if over 25.

This will give you full HB, and you will keep your DLA...

I am taking it you have no partner working over 24 hours and no capital over 16k....

[hensteeth]

Yeah, you can apply for HB / CTB and not claim other benefits. I think if you have no proof of income, you must prove how you're supporting yourself?

 

This is news to me. Who is supposed to tell you about this - the council, the JC, the DWP?

As I have said - yes you are right, not receiving a means tested benefit does not stop anybody claiming HB/CTB. I only found out about it after reading other posts on here. No one in authority ever mentioned it to my daughter and presumably no one has ever mentioned it to the poster!

 

In my dauhter's situation, I had to borrow the money to give to her to pay the rent and council tax for those three months as well as give her money to live off. All together I borrowed £3250 which I am still paying back!!

 

I tried to get the money out of the council since and they say that my daughter should have made a new claim at the time with the new information ie no benefit income.

 

Personally I don't understand and I suppose the poster doesn't either as to why the council close both claims down because the JSA is suspended. Surely logic dictates that it is only a suspension of benefit which will start up again. I do understand it if the council are told that the claim is closed if someone finds a job. The council must think - gosh this guy/lady has no money coming in we had better find out what is happening and help her understand what she has to do.

 

Likewise if I hadn't have paid the 3 months, well 4 months actually, as it took a month after the suspension was lifted to get any money to her and for the council to be notified that she was back on means tested JSA, she too would have had to leave her home.

 

Does nobody really care what happens to people in these cases?

[SWLABR9]

What the council assumes when they get notice JSA is stopped is that you've had a change of circumstances and that you don't need benefits any more. It's up to you to promptly advise them if you still need benefits and which ones. You're expected to ask a welfare rights advisor about your benefit entitlements if you can find one. This may well be why there's around £12-16 billion pounds going unclaimed each year, people don't know they're entitled to it. That should change with Universal Credit as people should get their entitlements automatically - if it works.

[hensteeth]

What the council assumes when they get notice JSA is stopped is that you've had a change of circumstances and that you don't need benefits any more. It's up to you to promptly advise them if you still need benefits and which ones. You're expected to ask a welfare rights advisor about your benefit entitlements if you can find one. This may well be why there's around £12-16 billion pounds going unclaimed each year, people don't know they're entitled to it. That should change with Universal Credit as people should get their entitlements automatically - if it works.

 

Well we all know what happens when you assume something! Invariably the wrong assumption is made. As I see it authorities assume that everyone knows their rights, knows how to find out what their rights are and knows how to ask the right questions to find out what those rights are.

 

In my own case, I'm 63 and my wife is 68. When I left work when I was 60 due to health problems I went to the JC (you know the government department that should know what my rights are) and asked what I should be claiming. I was told ESA. OK so I did. Then I failed the assessment so went back there again (getting into the CAB is hopeless) and asked again what should I be doing. Told to claim JSA. OK so I did. Days later was kicked off JSA saying I was too ill to look for work. So went back to the JC and asked what should I do. Claim ESA ... err I did do and they kicked me off that benefit! It was only very recently that I found out that for the past 3 years since I stopped work that I should have claimed Pension Credit!!!!! And that was through this site.

 

There was never any need for me to claim ESA or JSA!!

The only thing stopping me moving over to Pension Credit only I is the threat that the BDC/Pension Service have over me when they told me that they will treat me as still receiving ESA if I did close it down - something to do with deprivation of benefits.

 

Saying that things will change when UC comes in - I doubt it given that the DWP don't even know what benefits that they control, people should be claiming!

 

Now I am trying to claim back the Council Tax that I paid to them for the past 3 years whilst receiving ESA!! I didn't know that you could claim CTB and not be in receipt of a means tested benefit.

Edited August 7, 2012 by hensteeth

[worried33]

you can still get HB but my experience is they get very paranoid when declaring NIL income, as they make an assumption that you have other income somewhere to survive. In your case you have dLA which whilst isnt counted as income it is at least what you can tell them you using to surive meaning they shouldnt hopefully give you too much grief, just show them your bank statements and benefit cease letter and they should reinstate.

[SWLABR9]

They'll have to start getting used to it though because of all the people who won't be eligible for ESA or JSA come next year when the DWP starts blocking appeals.

[K301982P]

How can they block appeals?

[SWLABR9]

By making you apply for a reconsideration first. There's no time limit for the reconsideration to be done by (which means it won't happen so you'll never reach a tribunal) and meanwhile you can't claim benefit like ESA so you have to claim JSA. Many people simply won't be able to claim JSA as they're far too ill. So, no benefits if you appeal. Also though, for many people, there'll be no benefits if they don't appeal because, as I say, they won't be eligible for either benefit. I expect the dying to start in earnest next year. Here's Grayling dodging a question on that very point - what will people live on? http://www.theyworkforyou.com/pbc/2010-11/Welfare_Reform_Bill/22-0_2011-05-17a.6.0 I think he expects the dying to start in earnest next year too.

[Slatted]

I am fed up with hearing that there is "no financial loss" because pay is backdated, as if that is the only concern! If they take weeks to review the decision then clearly financial loss is not the most important question in my head....

[SWLABR9]

It's months, lots of them, not weeks.

[worried33]

they will force people to wait for a reconsideration to be carried out first, until thats done no appeal can be submitted.

[danny222]

Your situation sounds similar to that of my son. He has renal failure, diabetes and severe OCD. He is unable to attend the ATOS medicals or have it done as a home visit due to the severity of his OCD. His ESA was stopped in may and backdated to february. Today I attended the tribunal on his behalf armed with plenty of medical evidence. The judge held it up in front of me and said "where is the medical evidence?" I pointed out it was in his hand and he said it was useless!! He refused to accept my son cannot attend the medicals, and said that while he agreed to let my son be paid at the assessment rate (for under 24's this is only around £50 per week), he said I would have to see him in another tribunal when the benifits are instantly stopped again when he fails to attend the medical.

He also has had an eviction notice, although we delayed this temporarily by claiming with an "underlying entitlement" to ESA. Next time the ESA is stopped, the eviction notice will go straight to court with no further warning (I found this out by checking with a solicitor).

Im now taking this to the 2nd tier tribunal, dont really have any other option.

The Judge was shocking, asked if son was on dialysis (said no not yet) and he said "well he hasnt got renal failure then has he"!!! (his diagnosis is stable chronic renal failure) When I argued, he said I cant have been there when he was diagnosed so how would I know -- when I pointed out that I was there as he was diagnosed while I was 28 weeks pregnant with him, he then changed the subject!!

Hope you manage to get sorted soon. I made the mistake of having faith in the tribunal to sort this mess -- what a mistake!!! Think they are all as bad as each other.