ESA Advice Please

[MrNobody]

I will be posting a friends ESA50 form for her today as it is due back this week.

 

If I put in a covering letter detailing what she is not capable of doing, will it help? Bear in mind I am on ESA too and I am due a medical which I will likely fail myself, so could lead to them chasing me up sooner than expected.

 

If she fails the eventual medical, will she lose her HB and CT benefits as well or will she go onto another benefit and keep her HB and CT?

 

Is the appeal process easy? For example, do they provide appeal forms readily?

 

Sorry for all the questions. I'm worried she will lose her ESA and be left with no money, but still have bills and rent/council tax to pay.

 

Thanks

[honeybee13]

Hello there.

 

If you have time to look at it, there's a very good sticky by leemack that tells you how to fill in an ESA50. I think you're on the right track though and a look at the descriptors might help you. Theres a link to them in the sticky I'm about to give you a link to.

 

I can't answer your questions about other benefits, but I'm sure the guys will know. If you fail the Atos 'medical' you need to ask for your case to be reconsidered by the DWP, who will probably uphold the decision. If that fails, you're off to a tribunal.

 

The way to start an appeal is to fill in a GL24 that you can find online or request from the DWP. Or I believe you can write a letter.

 

I think I'm right in saying that ESA continues at the assessment rate while you wait for the appeal, but the rules keep changing so it would be nice if someone confirmed that for you.

 

Here's a link to the appeals and tribunals sticky.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%281-Viewing%29-nbsp

 

My best, HB

[MrNobody]

Thanks.

 

I've read one of LeeMack's threads but the main ESA50 thread is missing the part for mental health unfortunately.

 

Thanks for all the info, we'll take it one step at a time and hope she can pass this.

[abc123def]

If I put in a covering letter detailing what she is not capable of doing, will it help? Doubt very much it will make any difference at all

 

If she fails the eventual medical, will she lose her HB and CT benefits as well or will she go onto another benefit and keep her HB and CT? If she fails the face to face assessment (sorry, pet hate of mine calling it a medical - nothing medical about it!) she will lose her 'automatic entitlement' to HB and CTB but can immediately inform the LA of her incomings and savings and they will transfer it to income based and she will then continue to receive the same benefits.

 

Is the appeal process easy? For example, do they provide appeal forms readily? In some ways it is easy. They don't provide the forms readily as in I think they should be included with the decision letter so you don't have to ask for it, but the appeal forms are available on request. You need to inform the DWP in writing using the form of your intention to appeal within 28 days, you should state why you disagree with then decision based on what descriptors you feel were incorrectly scored. Once the appeal is in you then have time to gather evidence from the professionals providing care for yourself ready to go to Tribunal. It helps to be represented there in an official capactity, statistically. Also they should then pay ESA at the assessment rate from then on until the Tribunal decision.

 

 

Have answered within your post.

[**Margaret**]

MrNobody:

 

I'd forget the covering letter for now cos Atos are unlikely to read it. They have enough trouble reading ESA50s. A letter, sent to your friend's benefit delivery centre in support of her claim, and giving details of her problems with the prescribed activities should be read by the decision maker cos they're supposed to consider all the evidence.

 

Jobcentreplus admit to cross referencing claims to prevent fraud.

 

Eligibility for housing/council tax benefit is determined by low income, not other benefits.

 

Appeals. Way way ahead of yourself but I know you're anxious so;

The GL24 appeal form is readily available, to download from the internet, or for the asking, from Jobcentreplus.

Until the law changes next April, you can ask Jobcentreplus to pay assessment rate employment and support once they've acknowledged a valid appeal.

Appeals are dammed hard work and very stressful but winnable if the appellant meets the criteria for the benefit.

 

Best wishes, Margaret.

Edited September 3, 2012 by **Margaret**

[Nystagmite]

To claim ESA whilst appealing, your friend needs to send in medical certificates.

[**Margaret**]

'sorry, pet hate of mine calling it a medical ......'

 

disability assessment - sort of, maybe, possibly, if the assessors listened to us

 

face to face assessment - nah, the assessors hide behind their LIMA screens

 

interview under caution - feels like it

 

messical - says it all

 

Shall save 'health care professionals' for another day.

 

Margaret.

[abc123def]

'sorry, pet hate of mine calling it a medical ......'

 

disability assessment - sort of, maybe, possibly, if the assessors listened to us

 

face to face assessment - nah, the assessors hide behind their LIMA screens

 

interview under caution - feels like it

 

messical - says it all

 

Shall save 'health care professionals' for another day.

 

Margaret.

 

Ha! Love it!

[fightingback99]

Saw this pdf document from Rethink site posted on another forum for someone looking for help to fill in an ESA form for mental health issues.. Might be helpful?

 

http://www.rethink.org/document.rm?id=10911

 

Hope this link works I've copied it letter for letter from the other forum.

[Nystagmite]

The link works; but it's a document you have to download / save to your computer.

[MrNobody]

Thanks for all of the advice, links and bits of humour.

 

I will discuss it all with her and take it from there. The form has now been sent and she'll just have to await an 'assessment' date.