Father ESA Help

[StinkyFeet]

Good day all, Im really hoping somebody could help with this as my father and I are so stressed and at a loss with this poxy goverment we dont know what to do next.

 

My father (59 years old) has worked and contributed to the system from the age of 14 until the middle of last year.

 

He held a local taxi licence for the past 9 years but suffered 2 heart attacks in 2010 6 months apart.

 

He already suffered with arthiritus in leg joints and arms etc which as gp advised was down to age and his previous work years back in a factory. Being the chap he is, he just soldiered on.

 

His taxi licence was up for renewal in November 2011, the gp wasn't happy with his medical and the local council insisted that he under went a bruce protocol treadmill test lasting minimum 9 minutes.

 

My father managed 6 mins and 50 seconds before his left leg went on him and the test was stopped.

 

His employer had provided a automatic taxi for him that took pressure off having to use a clutch, this was not good enough for the local council. Therefore my father put it in the hands of a solicitor at his expense but after £300 later, said they couldn't budge it as the 9 minute was a minimum mark. He therefore lost his licence.

 

After his heart attacks and surgery, he was advised never to push, pull or lift anything.

 

Therefore for the 1st time in his life he needed the country and im surprised that the hassle he has had from this has not give him another one.

 

They paid him £23.55 per week esa and refused anymore as he receives a small annuity once a year of £2500 from a private pension scheme. However this was pointed out to them that this goes in full for his rent / tax etc. Didn't want to know.

Therefore he appealed about this to the HM tribunals where there still hasn't been a decision.

 

Then he receives a ATOS appointment last month at hospital. He was asked to do several things including bending his knees where he lost his balance and took the window blind with him as he tried to grab something to stop his fall.

This was not included in said report received.

 

There are other similar things including weak bladder, when he needs to go he needs to go, also not included.

 

They state that he stood for 2 minutes therefore could stand for at least 1 hour, the bloke couldn't do 9 mins on treadmill.

 

This information although told to them hasn't been supplied yet (the report from bruce protocol test etc) should I send these to them?

 

He has also tried the DLA which was also refused and also in appeal with HM Tribunals.

 

We are at a complete loss of what to do, all I can safely say is thank you David Cameron for that lovely pre-election speech

 

"We dont want to pay people who dont want to work. We promise you, you do the right thing and contribute to the system and we will be there for you when you need us" Eerrrr yea, looks like it, 45 years of income tax and national insurance contributions = £0.00.

 

My father was point out of his job, adapted for him by his employer by a conservative council and the same said people are trying to say go back to work. Thats easy then just need them to tell local council to give his licence back then problem solved. But it dont happen like that.

 

Im sorry for rambling, am so so frustrated with it all.

 

Any further help etc would be so greatly received.

 

Thank you so much

[StinkyFeet]

Sorry forgot to add, his esa payment has now been terminated.

[honeybee13]

Hello there, I'm sorry to hear of your problems. I'm sure the guys will be able to help you.

 

Could I ask you to clarify something please? Have you already been to a tribunal or have you asked for the decision to suspend ESA to be reconsidered?

 

And was the Atos assessment for a separate ESA claim or the DLA?

 

Sorry if I'm being thick.

 

My best, HB

[Nystagmite]

Some people have their DLA refused / stopped due to a recent failed ESA / WCA assessment. Seems to be what's happened here.

 

You mention the treadmill test where he couldn't do the full 9 minutes - does he have the results in writing?

[fedupandold]

Good day all, Im really hoping somebody could help with this as my father and I are so stressed and at a loss with this poxy goverment we dont know what to do next.

 

My father (59 years old) has worked and contributed to the system from the age of 14 until the middle of last year.

 

He held a local taxi licence for the past 9 years but suffered 2 heart attacks in 2010 6 months apart.

 

He already suffered with arthiritus in leg joints and arms etc which as gp advised was down to age and his previous work years back in a factory. Being the chap he is, he just soldiered on.

 

His taxi licence was up for renewal in November 2011, the gp wasn't happy with his medical and the local council insisted that he under went a bruce protocol treadmill test lasting minimum 9 minutes.

 

My father managed 6 mins and 50 seconds before his left leg went on him and the test was stopped.

 

His employer had provided a automatic taxi for him that took pressure off having to use a clutch, this was not good enough for the local council. Therefore my father put it in the hands of a solicitor at his expense but after £300 later, said they couldn't budge it as the 9 minute was a minimum mark. He therefore lost his licence.

 

After his heart attacks and surgery, he was advised never to push, pull or lift anything.

 

Therefore for the 1st time in his life he needed the country and im surprised that the hassle he has had from this has not give him another one.

 

They paid him £23.55 per week esa and refused anymore as he receives a small annuity once a year of £2500 from a private pension scheme. However this was pointed out to them that this goes in full for his rent / tax etc. Didn't want to know.

Therefore he appealed about this to the HM tribunals where there still hasn't been a decision.

 

Then he receives a ATOS appointment last month at hospital. He was asked to do several things including bending his knees where he lost his balance and took the window blind with him as he tried to grab something to stop his fall.

This was not included in said report received.

 

There are other similar things including weak bladder, when he needs to go he needs to go, also not included.

 

They state that he stood for 2 minutes therefore could stand for at least 1 hour, the bloke couldn't do 9 mins on treadmill.

 

This information although told to them hasn't been supplied yet (the report from bruce protocol test etc) should I send these to them?

 

He has also tried the DLA which was also refused and also in appeal with HM Tribunals.

 

We are at a complete loss of what to do, all I can safely say is thank you David Cameron for that lovely pre-election speech

 

"We dont want to pay people who dont want to work. We promise you, you do the right thing and contribute to the system and we will be there for you when you need us" Eerrrr yea, looks like it, 45 years of income tax and national insurance contributions = £0.00.

 

My father was point out of his job, adapted for him by his employer by a conservative council and the same said people are trying to say go back to work. Thats easy then just need them to tell local council to give his licence back then problem solved. But it dont happen like that.

 

Im sorry for rambling, am so so frustrated with it all.

 

Any further help etc would be so greatly received.

 

Thank you so much

 

 

What someone has paid into (NIC & Tax) for 45 years counts for zilch when asking the government for money. If it did matter, then you would have a two tier benefit system - those that have paid in and those that couldn't pay in because of a disability.

What does count is being able to prove with evidence that he should receive a minimum of 15 points in respect of the various descriptors.

There are many claimants that could work a normal week, yet they qualify for ESA as they can show which descriptors give enough points. Then you have those that can't work who fail to get any points.

Being ill or disabled does not mean by itself that you are unfit to do any type of work.

 

The average adult walks at approx. 3mph. which means that over a 7 minute test they would walk approx. 580 metres. The DWP even allow that for someone who is 'sick' and who can walk for 7 mins they would travel a minimum of 290 metres. The DWP when looking at walking ability for both DLA and ESA say that 50 metres is the qualifying limit - your father walked 290 metres!!!

 

"We dont want to pay people who dont want to work. We promise you, you do the right thing and contribute to the system and we will be there for you when you need us"

The bit you have missed out is that you still have to qualify for the benefit in the first place.

 

I think a little less anger and more constructive thinking is called for. Go through the descriptors and pick out the ones that you can produce medical evidence for.

[ellie12022]

So sorry to hear of all the stress your father is going through, I hope everything can get sorted out. Here are some links you might find helpful

 

http://dwpexamination.org/

 

http://thefullfacts.com/esa/forum/viewforum.php?f=1&sid=964321fa441f1747ebac09aaddd2447c

 

 

http://forum.chronicfatiguesyndrome.me.uk/index.php?action=printpage;topic=14795.0

 

Keep going, he is lucky to have you supporting him.

[fightingback99]

Has your father sent off his GL24 form to appeal the decision, and asking for ESA assessment rate to be paid meantime ? Needs to be sent within a month of receiving letter saying his ESA has stopped. He'll also need to send in a new sick note from his GP. He should also apply for housing benefit to his local council and council tax allowance. You can can roughly check his entitlement by putting his details into www.turn2us.org.uk

 

You need to have a look at the ESA descriptors and find which ones your father fits. The assessment isn't looking at whether he can do his usual work, but any type of work even if it means retraining for something else.

 

And do appreciate what you're saying about him receiving poor treatment having worked his entire life. Recently my brother same age who's never claimed a penny from the state, and wasn't eligible for anything other than basic JSA of £71 per week , was laid off . At his very first ever JSA appointment was forced to apply under threat of sanction , for a job left him with £300 per month after paying his bare petrol costs for a 90 minute drive each way. Lucky for him he found something else.

 

Previous circumstances don't count. Labour have suggested introducing a 2 tier system, to give a better deal to long term workers who hit hard times, but something similar's been tried before in the 80's and failed. Too many people abused it , and it was scrapped. Hope things work out for him.

[StinkyFeet]

Hello there, I'm sorry to hear of your problems. I'm sure the guys will be able to help you.

 

Could I ask you to clarify something please? Have you already been to a tribunal or have you asked for the decision to suspend ESA to be reconsidered?

 

And was the Atos assessment for a separate ESA claim or the DLA?

 

Sorry if I'm being thick.

 

My best, HB

 

Thank you for your reply matey.

 

No my father hasn't heard anything further regarding the tribunal appeals, the ATOS appointment came through after the appeal with tribunal was sent and was for the original ESA claim.

Strangely even though my fathers ESA claim has been stopped, he received a letter today dated after the letter advising it stopped advising to send a new doctors note.

 

Confused. Thank you sincerely for your help

[StinkyFeet]

Some people have their DLA refused / stopped due to a recent failed ESA / WCA assessment. Seems to be what's happened here.

 

You mention the treadmill test where he couldn't do the full 9 minutes - does he have the results in writing?

 

Hello matey,

 

Yes he has the results in writing for the treadmill test which he did way before claiming esa / dla etc as he wanted to remain in work.

Only when he was told he wouldn't be getting his licence back after also paying for a solicitor to try and over turn this did he claim esa etc.

 

Big thank you

[StinkyFeet]

What someone has paid into (NIC & Tax) for 45 years counts for zilch when asking the government for money. If it did matter, then you would have a two tier benefit system - those that have paid in and those that couldn't pay in because of a disability.

What does count is being able to prove with evidence that he should receive a minimum of 15 points in respect of the various descriptors.

There are many claimants that could work a normal week, yet they qualify for ESA as they can show which descriptors give enough points. Then you have those that can't work who fail to get any points.

Being ill or disabled does not mean by itself that you are unfit to do any type of work.

 

The average adult walks at approx. 3mph. which means that over a 7 minute test they would walk approx. 580 metres. The DWP even allow that for someone who is 'sick' and who can walk for 7 mins they would travel a minimum of 290 metres. The DWP when looking at walking ability for both DLA and ESA say that 50 metres is the qualifying limit - your father walked 290 metres!!!

 

"We dont want to pay people who dont want to work. We promise you, you do the right thing and contribute to the system and we will be there for you when you need us"

The bit you have missed out is that you still have to qualify for the benefit in the first place.

 

I think a little less anger and more constructive thinking is called for. Go through the descriptors and pick out the ones that you can produce medical evidence for.

 

Appreciate what your saying and as im sure you understand, when a loved one has been through the mill, you do feel kind of annoyed at the way there being treated, im sure you would feel the same if someone so close to you was being treated badly. As you will appreciate and I did put in my post that I apologise for rambling / being frustrated and annoyed as it like a hamster in a wheel scenario.

 

Sorry if my post seem to point that I felt he was entitled to it cause he put into the system etc, at no point did I ever mean any insult to anybody regarding that so please, I didn't mean any offence to anybody and if it seemed that way, please may I apologise now for that as it was not meant to knock any person with a disability etc whom may not be able to work or ever have worked due to severe health / disability issues.

 

Thank you in advance for your reply, it is greatly appreciated.

[StinkyFeet]

So sorry to hear of all the stress your father is going through, I hope everything can get sorted out. Here are some links you might find helpful

 

http://dwpexamination.org/

 

http://thefullfacts.com/esa/forum/viewforum.php?f=1&sid=964321fa441f1747ebac09aaddd2447c

 

 

http://forum.chronicfatiguesyndrome.me.uk/index.php?action=printpage;topic=14795.0

 

Keep going, he is lucky to have you supporting him.

 

Thank you Ellie, that has been helpful.

[StinkyFeet]

Has your father sent off his GL24 form to appeal the decision, and asking for ESA assessment rate to be paid meantime ? Needs to be sent within a month of receiving letter saying his ESA has stopped. He'll also need to send in a new sick note from his GP. He should also apply for housing benefit to his local council and council tax allowance. You can can roughly check his entitlement by putting his details into www.turn2us.org.uk

 

You need to have a look at the ESA descriptors and find which ones your father fits. The assessment isn't looking at whether he can do his usual work, but any type of work even if it means retraining for something else.

 

And do appreciate what you're saying about him receiving poor treatment having worked his entire life. Recently my brother same age who's never claimed a penny from the state, and wasn't eligible for anything other than basic JSA of £71 per week , was laid off . At his very first ever JSA appointment was forced to apply under threat of sanction , for a job left him with £300 per month after paying his bare petrol costs for a 90 minute drive each way. Lucky for him he found something else.

 

Previous circumstances don't count. Labour have suggested introducing a 2 tier system, to give a better deal to long term workers who hit hard times, but something similar's been tried before in the 80's and failed. Too many people abused it , and it was scrapped. Hope things work out for him.

 

Hello matey, thank you for your reply. No this hasn't been sent off yet but has been downloaded, printed and ready to go a long with the latest sick note as you advised.

 

It wrong totally aint it mate, 90 minute drive, poor bloke must have been half knackered before he even got to work.

 

No, definately dont agree with the 2 tier system as that not fair at all dividing the nation. What about the poor souls out there that where born blind or with arms missing, they may never be able to work so why should they get paid less through something that is no fault of there own.

 

As stated above, and apologise, I never meant that my father should get better service off DWP beause he had contributed and obviously he has been a lucky person whom health has been really kind up until few years back. There are many poor souls out there that are not this lucky and I really hope they get looked after properly as nobody needs the extra stress put on them when things go wrong for them.

[ellie12022]

Insist Dwp pay him assessment rate while appealing and make sure your doctor knows he can write 'fit' notes for him due to the appeal.