ESA refused. No income. No food after Saturday.

[2ltr16valve]

Hi all

 

I got sacked from work due to unsatisfactory attendance on 02/12. I have applied for ESA and sent a med 3 that covers me until 02/14. Just spoke to esa on phone and been told that because my previous claim was disallowed 06/2013 I am not allowed any payments until I go for a ATOS medical.

 

Now. My new claim is for a completely different reason to my last one that atos told me to go back to work for. Although my new condition was caused by the old one as i have back problems which cause mobility issues. The lack of mobility while I had a chest infection caused me to develop severe phnumonia, an I now have breathing problems with repeated chest infections and shortness of breath.

 

I can not survive on no income. All we have is child tax credits and child benefits paying ATM

It's less than a week before Christmas and I can't even feed my children past this weekend.

To be honest. I just feel like ending it all here and taking all my medicine !! Between the bedroom tax. No income and the £1000+ rent arrears I just can't do this no more

 

Ty

[45002]

]Hi all

 

I got sacked from work due to unsatisfactory attendance on 02/12. I have applied for ESA and sent a med 3 that covers me until 02/14. Just spoke to esa on phone and been told that because my previous claim was disallowed 06/2013 I am not allowed any payments until I go for a ATOS medical.

 

Now. My new claim is for a completely different reason to my last one that atos told me to go back to work for. Although my new condition was caused by the old one as i have back problems which cause mobility issues. The lack of mobility while I had a chest infection caused me to develop severe phnumonia, an I now have breathing problems with repeated chest infections and shortness of breath.

 

I can not survive on no income. All we have is child tax credits and child benefits paying ATM

It's less than a week before Christmas and I can't even feed my children past this weekend.

To be honest. I just feel like ending it all here and taking all my medicine !! Between the bedroom tax. No income and the £1000+ rent arrears I just can't do this no more

 

Ty

 

To rule out one reason why they won't pay you yet.

 

Have you missed any previous ATOS medicals at All ?

[2ltr16valve]

Have you missed previous ATOS medicals at All ?

 

 

No none. Previous claim medical was about 18 months ago. Went to that and was found 'fit' according to atos.

I appealed and in June this year I could not make the appeal hearing due to a hospital appointment I could not change. They decided to hear it in my absence anyway even tho I asked them to reschedule it. They said they agreed and to go back to work.

I did just that. Got sacked 02/12 for reason above. An now just reclaimed for a different reason.

Previous reason was chronic back pain which I still have.

New claim is for 'brittle asthma and reoccurinng chest infections"

 

Ty

[MooNboo]

Hi

 

What's the cause of your chronic back pain, what an MRI showing, what did the consultants offer you in the way of treatment.

[2ltr16valve]

Hi

 

What's the cause of your chronic back pain, what an MRI showing, what did the consultants offer you in the way of treatment.

 

Back pain is from serious rtc January 2003. MRI showed soft tissue damage. Treatment was pain mgt injections and pain killers I still take (tramadol).

That was the old claim tho that failed at appeal in June. ??

 

New claim is for breathing problems. I use nebuliser every 4-6 hours daily.

[2ltr16valve]

I have just done some reading....

 

Now looking around my claim this month is for a completely different condition than my previous claim, although my previous problem is still there it is not my 'main' illness.

 

If I have read and taken the info in right, if you claim ESA within SIX months of a negative work capability assessment then they wont pay you until a WCA..... this is pretty much same as what I am being told.

 

BUT... because I am claiming for a NEW condition the Six month rule does not apply ? is this correct as I think it is..... if so, can someone point me in the right direction of the black and white dwp rule please as I am expecting a call back tomorrow from a mgr.

[mr_mastiff]

What type of investigations are being made into your breathing difficulties?

 

How long have you had them?

 

What type of medication is being used in your nebuliser?

 

Has your GP looked at your tramadol use because it can make breathing difficulties worse!

 

Lastly how will your breathing problems relate to descriptors in order to make a successful claim?

[2ltr16valve]

What type of investigations are being made into your breathing difficulties?

 

How long have you had them?

 

What type of medication is being used in your nebuliser?

 

Has your GP looked at your tramadol use because it can make breathing difficulties worse!

 

Lastly how will your breathing problems relate to descriptors in order to make a successful claim?

 

CT scan thats shown thickening of the Bronchi tubes.

Salbutamol and Ipratropium bromide. I also take turbohaler 400 (Budesonide 400)

 

Yea doctor has checked the usual medicines that affect general asthma and they do not affect me in the same way, my condition is classed as COPD although differs slightly.

 

I am not sure about the descriptors - but I suffer frequent chest infections ~4-6 weeks which last 3-4 weeks before they clear... if they clear, I have been in hospital as an emergency admission twice this year with pneumonia and treated by GP and out of hours numerous times.

 

When I have not got a chest infection I get breathless with just walking, I can not do anything remotely strenuous without feeling like I am being suffocated. When I have a chest infection I can just about breathe let alone do anything else, just getting up to go to the toilet is an effort that causes me to sweat profusely and have to hold onto my partner for support as I get so dizzy.

[**Margaret**]

:2ltr16valve:

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

You need reg 30 (2) as interpreted by;

 

http://www.cpag.org.uk/content/esa-repeat-claims-and-appeals

 

As the article says, decision makers don't tend to read the exceptions. Hopefully you'll get a speedy revision on this one, whether via the phone tomorrow or via a mandatory reconsideration.

 

If not, the quickest way to get a claim into payment is to close your current claim and reclaim from six months after the date your appeal to the Tribunals Service was dismissed. (Not saying my suggestion is fair and just, it isn't. But it's the quickest way for an unwell claimant to get money for food, fuel and rent.)

 

Best wishes, Margaret.

[2ltr16valve]

:2ltr16valve:

 

http://www.legislation.gov.uk/uksi/2008/794/contents/made

 

You need reg 30 (2) as interpreted by;

 

http://www.cpag.org.uk/content/esa-repeat-claims-and-appeals

 

As the article says, decision makers don't tend to read the exceptions. Hopefully you'll get a speedy revision on this one, whether via the phone tomorrow or via a mandatory reconsideration.

 

If not, the quickest way to get a claim into payment is to close your current claim and reclaim from six months after the date your appeal to the Tribunals Service was dismissed. (Not saying my suggestion is fair and just, it isn't. But it's the quickest way for an unwell claimant to get money for food, fuel and rent.)

 

Best wishes, Margaret.

 

 

Many thanks Margaret.

 

So if I reference the legislation section 30(2) that should prove they have to pay me before new WCA ?

[citizenB]

The link below is for Bristol Council.. but you should check with your own Council to see if they provide the new type of Crisis loan.

 

http://www.bristol.gov.uk/page/financial-help-and-benefits/emergency-payments-local-crisis-and-prevention-fund

[2ltr16valve]

The link below is for Bristol Council.. but you should check with your own Council to see if they provide the new type of Crisis loan.

 

http://www.bristol.gov.uk/page/financial-help-and-benefits/emergency-payments-local-crisis-and-prevention-fund

 

 

This is what my local authority have I think if I've found right thing.

 

http://lessbarkinganddagenham.org

[antone]

This is what my local authority have I think if I've found right thing.

 

http://lessbarkinganddagenham.org

 

Looks like it, yes, so keep it in mind. But follow Margaret's advice above, because as far as I'm aware, the rule that says you can't be paid until a WCA takes place if you reapply for ESA within six months applies only to those who are simply applying for the same condition (and then only if the condition has not worsened).

 

In your case, you are applying for a different condition. Contact them ASAP, as DWP offices in England will be closed 24th-26th Dec.

[45002]

There also this may help OP

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?404755-Find-your-Nearest-FOODBANK

[**Margaret**]

:2ltr16valve:

 

Yes. A paraphrase of reg 30 (2) (b) (i);

 

Among the conditions for being treated as having limited capability for work within six months of a determination that the claimant doesn't have limited capability for work is that, 'the claimant is suffering from some specific disease or bodily or mental disablement from which the claimant was not suffering at the time of that determination'.

 

And if all the other conditions for entitlement are satisfied, Jobcentreplus should have paid this claim anyway for any illness that a doctor's prepared to write Med 3 (unfit) notes for. It's probably at least twelve months since their determination of fit for work, and the six months run from the date of disallowance. Not the date of the decision by the tribunal panel, which only remakes or confirms the original decision.

 

Even if one knows this legislation backwards it can be very difficult to argue it over the phone, particularly if you get an inexperienced processor or decision maker or have issues with phones. So read the legislation and the CPAG article to make sure you completely understand it all, then write out the argument with the dates so you've some notes to refer to during the call. And personally, I'd follow up the call with a fully referenced written argument as part of a request for mandatory reconsideration.

 

Fingers crossed for you, Margaret.

Edited December 20, 2013 by **Margaret**

[2ltr16valve]

Hi all,

 

Good news, all resolved today. A manager called me this morning and said that for some reason someone has pushed the 'wrong button' and my payment was there all along. He does not know whats happened or why I was told what I was as there is nothing on the system to say I would not receive any payments before a WCA.

 

Thank you all for your help, very much appreciated. Its humbling to know there are people there to help when no one else will.

[citizenB]

Oh this is very good news indeed. I hope the person who pushed the wrong button is being sent for retraining!

[caro]

Thank goodness for that! You must be so relieved.

[RaeUK]

Good news indeed. Merry Christmas!

[odds]

Oh this is very good news indeed. I hope the person who pushed the wrong button is being sent for retraining!

 

I doubt that very much, the people that make these 'decisions' don't actually see the real world situation and are making decisions on health benefits that they have absolutely no knowledge about. Heads you win, Tails you lose.

To be honest a Driving Test Examiner is actually more qualified to judge people than a DWP decision maker, at least they know when a person is capable of driving.

 

Pete.

[antone]

I doubt that very much, the people that make these 'decisions' don't actually see the real world situation and are making decisions on health benefits that they have absolutely no knowledge about. Heads you win, Tails you lose.

To be honest a Driving Test Examiner is actually more qualified to judge people than a DWP decision maker, at least they know when a person is capable of driving.

 

Pete.

 

They don't. They see a pile of paperwork and it will be one of many piles of paperwork they have to deal with that day. The obvious solution would be to employ doctors to do the job, but a) they cost more money than DMs; and b) they'd probably be more sympathetic and hence award more benefits. We can't have that, can we?

 

Not that there are no sympathetic DMs, of course - plenty of them are decent people. But without training, with inadequate information, and with a huge workload, they get the decisions wrong often. About 40% of the time, according to tribunal results.

[caro]

How much extra do all those tribunals cost, not only in money, but the difficulty they cause the people entitled to those benefits? How many don't feel able to go through the appeal process too?