Failed ESA medical

[Sharron hynd]

Hi, I have been on incapacity benefit since 2005, never was called to a medical as the notes from my doctor was enough. I was called in 2 weeks ago after filling out a form for an ESA medical, which i failed 0 points.

 

I will be appealing against this, as i am not fit for work, several health problems, graves disease, broke my back a few years back, and just before the medical i was diagnosed with diabetes, which at the moment is untreated until the hospital determine which type i am, in the meantime, i am livivng with the symtoms which include feeling sick fuzzy head, blurred vision, as well as the problems that my other health problems cause me day to day.

 

As i stated at the start i have claimed incapacity since 2005, which i got £150 a week this was also money for my husband as it was a joint claim that i had Incapacity/income support.

 

On phoning ESA, for an appeal form they told me i would get the basic rate of £71.00 a week until the appeal is heard, however am i not entitled to the rate for a couple?, i did try an get the info from the person i spoke to, however she just reapeated that i would get £71.00 as i was the claiment and not my husband.

 

I really think this government is trying its best to take what little people like me do have, as i also got a letter from the council today telling me because i have 2 spare rooms i will now have to pay £80. out of my own pocket per month.

 

Can anyone please advise me if i am entitled to the couples rate.

Edited March 30, 2013 by citizenB
formatting

[honeybee13]

Hello and welcome to CAG. I'm sorry you're having a tough time with Atos.

 

I'll move your thread to the benefits forum here and you'll see that you're not alone. The guys seem to be around today and should be along later.

 

There will be a short term redirect from this forum.

 

My best, HB

[antone]

Hello, and welcome to CAG. I'll move this thread to the Benefits Forum, where you should get more replies.

 

Does your partner work? Do you have any other income or savings?

[dyfed]

Oh please stop making such ridiculous comments.

you have to virtually be in a coma to be declared unfit

 

No you don't. Many that are still able to do some work are actually in the Support Group. You have to pass some descriptors and achieve at least 15 points to qualify for ESA. It has nothing to do with what is wrong with you.

 

And to say that they have no discretion is a complete load of *****! ATOS are fully able to enter as much or as little information freehand on the report and the DWP weight up all of the evidence

 

The vast majority of ESA claimants are awarded the benefit and are placed in the correct grouping without much trouble.

 

All you are doing is to putting others in a terrified state with your inaccurate comments

 

Care to give us some examples of peoples illnesses and disabilities who are placed in the support group and can work?

The WCA only places individuals into the support group who cant work. Thats the whole point of having a support group.

But of course you know better lol

 

 

 

 

Yeh maybe bedbound individuals could have a job answering the telephone lol

Edited March 31, 2013 by citizenB

[dyfed]

Some of us aren't in comas; but receive ESA support group with no problem. (ignoring how long it took them to sort this out)

 

 

Yes I too am in the support group and rightly so because with my heart conditions amoungst other things there is no way I could work.

But dogboneday I have to say I would gladly swap places with a healthy individual and start working tomorrow instead of living with the very real threat of suddenly kicking the bucket. Several times a day my heart goes into VT and several times a day I can pass out and die.

So yeh how do you like them apples?

[Followme]

Steven Hawkings manages to work .... I rest my case

 

Everyone can do some level of work, I know a number of chronically disabled people who choose to work, and enjoy doing it. My sister has just finished chemo for breast cancer and has only missed work for hospital visits, and she will continue to work after her op and during radiotherapy. If you want to work, you can, health issues are just an excuse for some people.

 

Your diabetes will be under control once the diagnosis is complete.

[Nystagmite]

Steven Hawkings manages to work .... I rest my case

 

I wondered when someone would bring him up.

 

Everyone can do some level of work, I know a number of chronically disabled people who choose to work, and enjoy doing it. My sister has just finished chemo for breast cancer and has only missed work for hospital visits, and she will continue to work after her op and during radiotherapy. If you want to work, you can, health issues are just an excuse for some people.

Can you please find me a job with no interaction with others, allows me to work when I can and has minimum noise? I don't think any job of that description exists.

 

I'm also not sure that my boss would appreciate me walking out because I've had sensory overload and am in too much to do anything.

[sadone]

If you want to work, you can, health issues are just an excuse for some people.

 

If you don't mind me saying what an incredibly ill informed and ignorant viewpoint.

 

God If only life for some were that easy.

[osdset]

Steven Hawkings manages to work .... I rest my case

 

Prof Hawking does not need to work he is independently wealthy, he is also an exception in as much as he can earn a living by using his brain alone, unfortunately most disabled people are not specialists in general relativity, and quantum gravity, so they are at a slight disadvantage.

 

If every disabled person got the level of care and assistance that Prof Hawking gets, many more would be able to do some kind of work.

Edited March 31, 2013 by osdset

[Followme]

If you can type on a forum then you CAN work, get an online job doing just that. Plenty of online jobs exist

[osdset]

If you can type on a forum then you CAN work, get an online job doing just that. Plenty of online jobs exist

 

Care to post up a few? I take it they all come with a living wage.

[Nystagmite]

And how many of those are fake?

[antone]

The OP, I believe, was asking for help with a benefit issue, not a political screed about who can or cannot work.

 

So, with a deep sigh and a sinking heart I say...well, you know what I'm going to say. Throw me a bone here guys, yeah? It's Easter and all that.

[Sharron hynd]

Hi, Can someone please reply to my question

[honeybee13]

Hi, Can someone please reply to my question

 

Hello Sharron. I'm very sorry your thread got hijacked. Could you bear to tell us which question please and I'll keep an eye on the thread to make sure there are answers.

 

HB

[Sharron hynd]

Hi, I have been on incapacity benefit since 2005, never was called to a medical as the notes from my doctor was enough. I was called in 2 weeks ago after filling out a form for an ESA medical, which i failed 0 points.

 

I will be appealing against this, as i am not fit for work, several health problems, graves disease, broke my back a few years back, and just before the medical i was diagnosed with diabetes, which at the moment is untreated until the hospital determine which type i am, in the meantime, i am livivng with the symtoms which include feeling sick fuzzy head, blurred vision, as well as the problems that my other health problems cause me day to day.

 

As i stated at the start i have claimed incapacity since 2005, which i got £150 a week this was also money for my husband as it was a joint claim that i had Incapacity/income support.

 

On phoning ESA, for an appeal form they told me i would get the basic rate of £71.00 a week until the appeal is heard, however am i not entitled to the rate for a couple?, i did try an get the info from the person i spoke to, however she just reapeated that i would get £71.00 as i was the claiment and not my husband.

 

I really think this government is trying its best to take what little people like me do have, as i also got a letter from the council today telling me because i have 2 spare rooms i will now have to pay £80. out of my own pocket per month.

 

Can anyone please advise me if i am entitled to the couples rate.

[honeybee13]

Thank you Sharron. Hopefully we can get back to helping you now.

 

HB

[Nystagmite]

Incapacity benefit was a contributions based benefit. When you switched to ESA, you would have stayed on contributions based benefits. You can't make a joint claim for contributions based benefits. You have to put in a claim for income based ESA too. You should then get the couple rate.

 

If you have no other income, you should get the couple rate. If your husband works for over 24 hours a week, you won't be able to claim any income based ESA.

[Sharron hynd]

Hi, I got a letter from ESA on Thursday saying i failed the medical, i called them and informed that that i was going to appeal, the woman i spoke to said that was fine and she would send me out the apeal form to fill in, she also said while i was appealing that i would get £71 a week, i did inform her that the incapacity benefit was also income support and i claimed for my husband asweel, she then repeated that i would get the £71 as i was the claiment. Is it the case when i send in the appeal form i will have to then make another claim, or do i automatically get the couple rate while i am appealing. My incapcity stops on the 15th of April. My husband does not work at all.

[antone]

Since your husband does not work (and assuming you have no savings or other income) then you should claim for Income Related ESA(IR) which could include a component for your partner. Ask the Benefit Centre for form ESA3 and inform them that you plan to make a couples claim for means tested ESA. These are two separate issues:

 

1) Your appeal against the medical decision. If you believe the decision is wrong, you most certainly should appeal.

 

2) Payment for you as a couple. Until now, you've been receiving contributory Incapacity Benefit as a single person. You should claim Income Related ESA as a couple.

[Sharron hynd]

Antone are you saying that to claim as a couple is a seperate issue to me failing the ESA medical. I am right in saying when i appeal against the failed medical i will certainly get £71 per week, however i have to apply on an ESA3 form for the couples rate.

 

I really do not understand this, Can you please advise me if i do this when sending in the appeal form or fill in an ESA3 and send it seperate.

[antone]

Yes, correct - your failing an ESA medical is a separate issue from your claiming a couples' rate benefit. So you should appeal against the decision (the failure of your medical) by writing a letter or using form GL24, as you were planning to do.

 

You will get £71 per week while you wait for that appeal to be heard. But you may (possibly) be entitled to more. If your husband does not work and you, as a couple, have no savings or other income, then you should submit form ESA3 as a claim to income-related ESA. And yes, don't send this form with your appeal. Send it in separately.

[Sharron hynd]

Hi Thank you again for your reply. I will go to the job centre and get a form. If i am successful with the claim, will i get the full £111. a week for a couple aswell as £71. per week while i am awaiting the outcome of my appeal, or is it the case they will take into consideration the £71 and make that up to the couple rate.

[antone]

Hi Thank you again for your reply. I will go to the job centre and get a form. If i am successful with the claim, will i get the full £111. a week for a couple aswell as £71. per week while i am awaiting the outcome of my appeal, or is it the case they will take into consideration the £71 and make that up to the couple rate.

 

The total would be £111 per week for a couple - it wouldn't be £71 plus £111. You'd get £111 per week (£222 per fortnightly payment) for the two of you.

 

I have heard that it's difficult to find form ESA3 at a Jobcentre - you may wish to call your Benefit Centre (address and telephone on any letter they've sent you) and ask for one. Explain to them that you are currently on a contribution based claim for yourself only, but now wish to make an income related claim for yourself and your husband. You should do this ASAP, as it can be difficult to get ESA claims backdated and you wouldn't want to lose any potential entitlement. JCP offices re-open on Tuesday.

[citizenB]

Antone, this is the form ESA3 - it had been posted on another thread as it was so difficult to obtain from the JobCentre.

 

 

It is in post 8 of the thread below. However, I have attached a pdf as well.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?379103-ESA-problems-have-disrupted-council-tax-benefit-husband-terminally-ill&p=4108848&viewfull=1#post4108848

 

 

[ATTACH=CONFIG]42849[/ATTACH]

Edited April 1, 2013 by citizenB
correcting name.