My overall Benefits journey from 2013 to date - and on going still!!

[Guest]

Well.....I am baffled......... as I posted last week, my daughter had emailed atos, asking for the appointment to be emailed etc, she attached scanned documents (which had been sent with esa50), which were the letters of diagnoses and the tribunal decision letter from before etc, requested that the write to GP etc etc, she stated we would need a taxi on the day due to my anxiety and repeated the request for recording etc, and the reply was that which I put on here in post 61.........she replied thanking them for being prepared to check for us every two weeks etc, and asked if they could confirm the attachments she sent had reached the appropriate person, they replied to say they had been forwarded to the assessment team, now whether they were not looked at with the esa50 or what I have no way of knowing.

 

So today I get a letter from atos saying that a health professional has looked at it again, in the light of "further evidence", and now decided that I no longer need to be assessed at this time and my file has been returned to the DWP..............? waiting now to see what happens next.

[**Margaret**]

:Hiya Ruby_Tuesday:

 

This is good news for you. We can't know if it's the best news cos we don't know (and I'm defo not asking) whether Jobcentreplus will award the support component if you believe you're entitled to it. But it means Tatos have recommended at least limited capability for work cos you can't be found fit for work without a face to face Tatos trial.

 

The 'further evidence' is almost certainly the second copies of the medical evidence that your daughter sent to them. As to what they do with original copies sent with an ESA50:?: In your case it may even be that a second lot sent via electronic mail was harder to 'lose'. Shall add that tip to my mental list of tactics. Thanx and well done to :Ruby_Tuesday:'s daughter.

 

Suspect there's been lots of times during the last few months when you've wondered whether the pro-active approach is worth the effort. Seems a lot of faff and stress at the time, specially as it shouldn't be necessary. And we couldn't have predicted this somewhat sideways outcome. But I think we can predict that without the constant enquiries you'd have waited many months for a high chance of fit for work, for lack of medical evidence!

 

In case you're wondering, your situation's different to mine. You know that some evidence was sent to Tatos and they've returned your file to Jobcentreplus. There wasn't any extra evidence or information when my file was recalled by an exasperated decision maker.

 

You should be able to easier now.

 

Sincerely, Margaret.

[Guest]

Thankyou Margaret....yes indeed thankyou to my daughter.

 

I admit I am just grateful this much has happened, my family and GP think the support group is where I should be but its obviously not their call. I have read about others experiences with WRAG, but am not going to assume the worst or best of it, whatever comes I will just have to handle the best I can, am so thankful I have my daughter who will come to any possible future appointments, I understand that as she is my carer she is allowed to, she would need to be there as my anxiety and fibro fog do seriously affect my understanding of whats being said and my ability to remember it correctly, although I would be able to re-read any written record I wouldn't recall if I actually agreed or suggested it, and in my vulnerable state can be swayed to agree or seem to agree with anything, my daughter is my rock with this.

 

All in all I am grateful not to be waiting for assessment and the jsa route which I was convinced was on the cards, I wouldn't have coped well with it all. If I get in WRAG I think I will just have to go with it as I don't think it would be good either to be waiting for reconsideration with no money, and the whole tribunal scenario. My hand would have been forced if it had gone down the jsa route, but now things have changed somewhat. Just going to relax and wait to see what happens.

[reallymadwoman]

I thought that if you were awarded WRAG and appealed for Support group you would be paid at WRAG rate during reconsideration and whilst waiting for the appeal?

[Guest]

Ohhh I don't know anything about ESA to be fair RMW and your probably right, my claim has been for incapacity benefit and this recent ESA50 millarkey is to do with the change from that benefit to ESA, I will take a look at the regs etc. Thankyou.

[RaeUK]

A good step forward, Ruby. Well done to you both.

[Guest]

Thankyou RAE.

 

Yes RMW you are right, its only those found fit for work that cannot claim any benefit whilst appealing, so if I get put in WRAG I can still claim while appealing for support group, the WFI would be very difficult and I don't see really how any of that would work. Just relieved for what I have now and taking a breath.

 

The letter from atos says that I do not need to be reassessed at this time.......so will see what dwp decide. No doubt I will hear from them soon.

[Guest]

So a week on and no word yet from DWP.....don't feel its good to contact them, maybe just wait? I expect that although atos said the file had been returned to DWP that this in itself will take a few weeks before they get round to deciding what to do with me?

[Guest]

I hadn't wanted to ring the dwp and wasn't sure what to do, daughter said to leave it another week or two then she would be with me to ring dwp so I could let them speak to her and explain what the current situation was etc.........but today thankfully my wait was over with a letter from dwp and they have placed me in the support group, it doesn't say how long for but at least its not wrag as having seen the changes made to that group I wouldn't cope with it, GP and family shook their heads at the mere suggestion of it so I am glad I don't have to appeal etc.

[Nystagmite]

Congratulations! I don't think they tell you how long you're in a group, unless you call them and ask.

[reallymadwoman]

Well done.

 

You could also write and ask for a copy of the ESA85A (I think that's the right form number if there's not been a face to face assessment) as that will also say how long ATOS are recommending.

[Guest]

ok that's another good idea RMW thankyou, and thankyou Nystagmite

[Guest]

I haven't contacted them yet, but reading the letter I am on IR ESA Support group. My benefit rate has risen due to an extra payment called disability income guarantee that I wasn't getting on incapacity benefit, and the limited capability for work addition is £34.80 which is £4.80 more than the topup I had when on incapacity benefit.

 

Does this extra amount affect my housing benefit/council tax benefit at all?

[Guest]

Ok so I grabbed the bull by the horns so to speak and rang them just now. They are giving me 2yrs grace before the next esa form, their decision was backdated to the 9th January so they have said on 9th January 2016 is when I will be contacted again.

[**Margaret**]

:Ruby_Tuesday:

 

That you've limited capability for work related activity but that DWATO have recognised it and awarded you employment n support with the support component.

 

The £34.80 is the support component that's added to your personal allowance of £71.70. You won't have any 'top ups' as such cos your applicable amount (what Government says you need to live on) of employment n support is higher than your applicable amount of incapacity + income support.

 

'disability income guarantee' is a legacy generic term for supposedly ensuring a minimum income for disability. (And I wish Jobcentreplus would up date their letters.) You'll be more familiar with the term 'enhanced disability premium' for which the 'passport' is your support component.

 

The higher rates won't affect housing benefit/council tax reduction cos Government's decided you need more to live on.

 

It is an ESA85A and I'd suggest you write to your benefit delivery centre for a copy. Never know when it might come in useful.

 

Think that's it, and I'm really pleased that you got the right result for you.

 

Margaret.

[Perseus1]

:Ruby_Tuesday:

 

That you've limited capability for work related activity but that DWATO have recognised it and awarded you employment n support with the support component.

 

The £34.80 is the support component that's added to your personal allowance of £71.70. You won't have any 'top ups' as such cos your applicable amount (what Government says you need to live on) of employment n support is higher than your applicable amount of incapacity + income support.

 

'disability income guarantee' is a legacy generic term for supposedly ensuring a minimum income for disability. (And I wish Jobcentreplus would up date their letters.) You'll be more familiar with the term 'enhanced disability premium' for which the 'passport' is your support component.

 

The higher rates won't affect housing benefit/council tax reduction cos Government's decided you need more to live on.

 

It is an ESA85A and I'd suggest you write to your benefit delivery centre for a copy. Never know when it might come in useful.

 

Think that's it, and I'm really pleased that you got the right result for you.

 

Margaret.

 

Is this premium excluded if you are DLA (lower rate) and ESA please?

 

I used to get it with JSA though?

[Nystagmite]

Is this premium excluded if you are DLA (lower rate) and ESA please?

 

I used to get it with JSA though?

 

It's not excluded.

 

Ruby - you still need to inform housing benefit and council tax. Because your ESA (or part, rather) is income based, you'll get full housing and council tax support.

[Perseus1]

It's not excluded.

 

Ruby - you still need to inform housing benefit and council tax. Because your ESA (or part, rather) is income based, you'll get full housing and council tax support.

 

I have got two conflicting reports. I am not receiving this premium when I used to on JSA. Any references so I can take it up with the DWP please?

[**Margaret**]

:Premiums:

 

The low and medium rate care components of disability living allowance neither confer nor exclude entitlement to an enhanced disability premium with either employment n support or jobseekers. A high rate care component 'passports' to the premium with an income flavoured award.

 

An enhanced disability premium may be payable with jobseekers allowance if the claimant's partner has limited capability work related activity as determined by a work capability assessment.

 

Margaret.

[citizenB]

Perseus, I think you should start your own thread with your queries. As your question doesnt appear to relate to Ruby Tuesday's it might become confusing.

[Guest]

the dwp baffle me, I am not alone on that I know lol..........so they give me extra to live on but the council tax I pay may go up? bit daft then saying I need more to live on when its not all mine....

 

when I rang dwp yesterday, I said that the letter states I will be transferred to esa from 8th February, but I now recall him saying its been backdated to 9th jan, presumably when atos sent the file back to dwp as atos wrote to me on 9th jan, the dwp wrote on 22nd to say esa from 8th February. so my next contact is due from 9th jan 201 to check if they still think I can have this benefit. I was paid as usual on 7th feb at old rate incapacity and understood that the new rate esa will be paid on due date 21st feb. will this include any extra from the 9th jan?

[Guest]

sorry keyboard issues lol next contact 2016

[Guest]

well I have emailed the councils benefit office and told them of the change of benefit and payment etc so will see what they say. am just grateful am in support group and not worse off.

[**Margaret**]

:Ruby_Tuesday:

 

Under the rules for employment n support your applicable amount (what Government says you need to live on) is more than for incapacity/income support so the higher rate of employment n support won't reduce your entitlement to housing benefit/council tax reduction.

 

Both employment n support and incapacity are paid in arrears at the end of every two week period.

 

7 February - incapacity/income support for previous two weeks.

21 February - employment n support (starting 8 February) for previous two weeks.

 

Don't think you'll get any backdating to 9 January. Most decisions are effective from the date when the decision maker makes the decision, but the start dates for conversion decisions are usually aligned to payment cycles which depend on national insurance numbers.

 

Best wishes, Margaret.

[Guest]

Thankyou Margaret I hadn't understood that. Am so grateful to be in this position. And thankyou as always for your input. At least I know I have informed them and what to expect. I have written for the esa85a, and now will enjoy the peace for a while lol x