Broke my back yet refused PIP & ESA... help!?

[vivaaa]

so, i broke my back in a really bad car accident in November 2013. i was in hospital for over 4 weeks lying flat on my back which was followed by 2 months of wearing a back brace 24/7.

 

during this time my partner, friends and family had to do EVERYTHING for me. i couldn't get to the toilet myself, i couldn't dress myself, sit/lie down or stand myself and i couldn't shower or bathe. i had to learn to walk again, regain strength in every part of my body, attend physio, hospital & doctors appointments and jump through hoops to keep up with all of the forms and stupid repetative questions related to my PIP claim and ESA.

 

nearly 6 months on, i am still off work sick (i'm a waitress) and although my bones have healed and i am walking a lot better, i am still struggling with the majority of things and still have to wear my brace to be able to do simple tasks.

 

despite this, i am not entitled to ESA as i have not 'paid enough tax' in the year they have reviewed and i am not being rewarded PIP as i received 0 points on their ridiculous table of questions (even though i clearly said i couldn't do a lot of them).

 

in addition to that, i am unable to receive any other benefits available as i live with my partner and he earns a decent wage. i think this frustrates me more as i only moved in with him when i came out of hospital because despite him working 50hours a week, no one else could look after me the way i needed to be.

 

i have no income and haven't done for a while, the PIP decision was the last straw and i am so bloody frustrated.

 

can anyone help??

[Lebleuet]

Hi!

 

I'm really sorry for your situation and unfortunately I cannot give you any advice about PIP and ESA, but is your partner receiving WTC in the moment? At least this could increase your monthly income a bit!

 

All the best for you!

[vivaaa]

hey, thanks for your reply!

 

awch it's just so bloody frustrating yenno? i'm only 22 but i've worked my whole life and paid more than i should have in tax, and because i'm not a junkie or alcoholic i'm entitled to nothing. what has the world come to?!

 

sorry for my lack of knowledge in these things but what is WTC? working tax credits?

if so, i don't think he will be elegable as his best mate does the same job and his mrs said she can't get any :/

[honeybee13]

Hi. I've moved your thread to the main benefits forum, where more people will see it. You posted in the forum for questions about Atos.

 

HB

[rebel11]

Hi vivaaa

 

Here's some info:-

 

https://www.gov.uk/browse/benefits/entitlement

 

http://www.entitledto.co.uk/benefits-calculator/startcalc.aspx

[Madamfluff]

hey, thanks for your reply!

 

awch it's just so bloody frustrating yenno? i'm only 22 but i've worked my whole life and paid more than i should have in tax, and because i'm not a junkie or alcoholic i'm entitled to nothing. what has the world come to?!

sorry for my lack of knowledge in these things but what is WTC? working tax credits?

if so, i don't think he will be elegable as his best mate does the same job and his mrs said she can't get any :/

 

 

I am sorry but a lot of benefits are means tested and if you have money coming in Via your partner wage then you don't get these benefits.

 

 

If you feel you are hard done by because at age 22 you have 'worked all your life' and 'paid in more then you should have in tax' perhaps you would like to hear my story which would put things into perspective for you.

 

 

This week despite still being unemployed, looking for work and doing everything the JC told me to I have had to sign off as I am no longer entitled to income based JSA.

 

 

I have worked for 45 years (a lot more then you) for 6 years I was paying nearly 2 grand a month in tax and NI so yeah more tax than I wanted to.

 

 

However this month my Husband got his state pension a pension that he worked for 45 years for, because he worked 15 years over the 30 needed to get the basic SP and he paid enhanced NI contributions for a time he gets a higher rate of pension that just puts us over the amount that the law says we need to live on so my JSA was stopped.

 

 

I understand and accept the reasons why this has had to happen and I am afraid you may have to as well.

[fletch70]

Hi

So you have been turned down for Cont based ESA due to lack of NI contributions, I am wondering which tax years they looked at. If you are claiming that you have paid more tax than you should have are you saying you overpaid in which case talk to HMRC about filling in tax returns etc. If it's more than you wanted to then i am afraid, join the club.

 

AS for PIP and scoring 0 points, have you followed through with the appeal process, mandatory consideration 1st the appeal? If not then you need to be looking at that. My first application for ESA gave me 0 points but on appeal I got 15, my next two assessments I stopped trusting in the system and did my research and have been placed and kept in WRAG

[liverbird37]

Found the junkie comment a little insulting. I'm 40yrs and too worked all my life before receiving ESA and DLA. Not because I'm an alcoholic or a druggie, but because I was left seriously disabled by an NHS surgeon, not to mention an incredibly debilitating genetic disease. Who is to say a person with a drug or alcohol issue is undeserving ? We don't know the circumstances that led these individuals down this road. I would happily swap my ESA & DLA for my health back in the blink of an eye.

 

I apologise if I appear a little rude, but found your remarks upsetting.

[rebel11]

Hi liverbird37

 

I'm sure no offence was meant. As for the NHS, could write book, but would end up tearing the pages out.

 

Found the junkie comment a little insulting. I'm 40yrs and too worked all my life before receiving ESA and DLA. Not because I'm an alcoholic or a druggie, but because I was left seriously disabled by an NHS surgeon, not to mention an incredibly debilitating genetic disease. Who is to say a person with a drug or alcohol issue is undeserving ? We don't know the circumstances that led these individuals down this road. I would happily swap my ESA & DLA for my health back in the blink of an eye.

 

I apologise if I appear a little rude, but found your remarks upsetting.

[fletch70]

I think we are being brainwashed into believing that drug addicts and alcoholics along with immigrants and benefit cheats are the reason the country is in a mess. As has been said , we have no idea why people become drug addicts or alcoholics although I can give one example , person dependent on morphine for pain relief then a junior Dr took him off a high dose to nothing. The person concerned mixed with what I think were the wrong crowd and substituted heroin for the morphine. Got himself clean and a few months later was back on the morphine and eventually diamorphine and ketamin for pain relief before he died.

[Nystagmite]

Your problem with PIP is that you may not meet the criteria for long enough. (3 months before claim, 9 months after)

 

Your diagnosis doesn't matter either. All they care about is whether you meet the criteria.

[nicolee2931]

My guessing is maybe you are eligible for the ESA Support group, could you technically walk more than 50 meters without severe discomfort?

 

If you can't walk more than 50 meters and are in severe discomfort, as with a broken back I would more than likely think you are, the support group applies to you and isn't means tested.

 

Are tasks such as toileting difficult?

 

If so and it isn't too late appeal, its certainly worth a try, have a chat to a welfare rights adviser, nothing gained nothing lost.