ESA Stopped...HELP NEEDED PLEASE.

[Sugarbabe47]

Hi I have had two operations on my shoulder, one in Feb which didnt work and one in June. A full rotator cuff repair. I am employed and have been off sick since last November 2104 with my shoulder. I claimed ESA as I was advised to in May when my SSP ran out. I have had an assessment on 4th August and been told last Fri that I am not getting any more ESA payments?? And deemed fit for work??? My sick note runs out end of Sept 15 as my Consultant WILL NOT allow me back to work until my arm is back to normal use. I have complained to ESA and sent a letter to them from my Consultant telling them that I am not allowed to do ANY chores whatsoever,or employment. He told me I will go back to work when he says so as I am now having intense physiotherapy on my arm/shoulder to get it to work again!!

 

My job is being kept open - I live alone and have struggled for the last 6 months, financially as well as being unable to dress or wash myself. My question is please I do not know what I can claim now as I have NIL income now ESA has stopped. I have appealed and just received their descision today - Mandatory reconsideration notice?? My Consultants letter has not got to them yet!!! Do I have to claim Universal Credit, JSA (But I have a job to go back to?) or Income support??? No one from ESA is helping me here. I have worked for over 40 years paying NI/Tax etc and this is the first time I have been off sick for this length of time. Any advice would be appreciated . I have no income and no savings how am I supposed to live with nothing?? Sorry for long post but needed to put all details in. Sugar x

[antone]

If you have received their Mandatory Reconsideration notice and it has upheld the decision to stop your ESA then the next stage must be a formal appeal to the independent tribunal. Once that has been received by HMCTS (the government body that hears benefits appeals) then you can be paid ESA at the assessment phase rate (the same amount you were receiving before) until the appeal is actually heard provided your doctor will continue to supply sick notes.

[Sugarbabe47]

Thank you for quick reply. Do I ask ESA to make payments or will they do this automatically? I will be writing a letter of appeal tomorrow. Any help on what to write? I cannot print anything off computer as I cant afford to replace ink for my printer at this time!! I would be due a payment next Friday 28th but am I right in thinking that I will not be getting this? even though DWP have my sicknote till Sept end?? Its too confusing this benefit claiming, I do not understand any of it. I am hoping to go back to work in October but cannot survive on NIL money till then. Sugar x

[antone]

What you need to do is make your appeal. I'll give a few thoughts about this, but it's not really my area of expertise as I'm a former DWP employee rather than a claimant or welfare rights adviser.

 

Firstly, though, you're right to think that you probably will not receive your payment due 28th. During the period between you making your appeal and it being processed and acknowledged by HMCTS (HM Courts and Tribunals Service) you might need to claim JSA or UC. Once your appeal is acknowledged you can close this claim and reclaim ESA. If this sounds complicated, that's because it is complicated and has been made intentionally complicated to discourage people from making claims and pursuing appeals. I'm not trying to alarm you, it's just best to know what to expect.

 

An award of ESA is granted based on you meeting certain descriptors. These are, well, descriptions of various tasks and physical/mental abilities such as (made up example) "Claimant is able to walk unaided for a)10 metres; b) 25 metres; c) 50 metres". You can find the entire list of descriptors at this link. As you'll see, each descriptor has various "points" scores associated with it - to qualify for ESA you need a total score of 15 points from all descriptors. Just to stress: that's a total score. You can score 3 points from one descriptor and 6 from another etc. as long as you get to 15 points in all. So your appeal letter should focus on how you satisfy the relevant descriptor.

[antone]

Sorry, meant to add - when making your appeal it will help to have supporting evidence from your doctor, but you can submit this at a later date so if you don't have everything you'd like them to consider to hand right away, don't delay sending off your appeal while you wait to get hold of it.

[Mr.P]

I have NIL income now ESA has stopped.

 

I would hope that you have been claiming Council Tax Relief (and Housing Benefit if in rented accommodation). If so, you should contact your local council on Monday and make a NIL income declaration. If you have not been claiming CTR/HB, then you should be as you are entitled to it.

[Sugarbabe47]

Thanks Mr P -- I will contact council on Monday as I have been getting CT and HB ....but had to pay half my ESA as I live alone in a 3 bed house, I also have to ask for a Discrepency payment form??? no idea what this is? Been a worker all my life and just cannot get my head round all of this. I have been struggling to live since May on £72 per week and had to pay £42 of that for rent, which I have to admit I havent managed many payments. Food and gas and electric come to more than £30 per week!!! I want to go back to work but not allowed to until my arm is better.....all this is unknown to me...I am appalled that people are expected to live with nothing! Thanks guys for all your help!! Sugar x

[Sugarbabe47]

Another question please. Do I claim JSA? I am unfit for work till end Sept? Do I claim Income support? Universal Credit? Oh my!! My heads just mushed with all this and the thought of living with no income is scary...how do I feed myself? pay for gas/electric? can't get my head round this lot!! I do not have any family that can help me. Upset is an understatement:sad:

 

Thanks for your help

 

Sugar x

[Nystagmite]

Income support is for lone parents of children under 5 and carers.

 

You can't claim JSA because you're unfit for work. (and because you have a job)

[estellyn]

as you're making your appeal, you should be looking to get your esa reinstated at appeal rate.

 

This is the form you should use to appeal:

 

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/181311/SSCS1.pdf

 

In order to have a successful appeal you will need to score 15 points on the descriptors (in appendix 1), or meet any of the requirements in appendix 2:

 

http://www.disabilityrightsuk.org/work-capability-assessment

 

or meet the requirement:

 

suffering from some specific disease or bodily or mental disablement and consequently there would be a substantial risk to the mental or physical health of any person if you were found not to have a limited capability for work-related activity;

[Sugarbabe47]

I am so upset today....I have been on the phone all morning passed from from department to another!! I have been told I cant have my ESA re-instated even though one other person on the phone told me I can????????? They know I am appealing - they have a letter from my consultant...then I got told told to claim JSA??? Called them and they stated I should get my ESA re-instated at lower rate??? So now I have got to go Job centre on wednesday. Why the hell am I being told different things by all these benefit people and who is right???? I have worked over 40 years paying full N/I and tax, why am I being treated like this??? I really am so upset and have broke down in tears whilst they keep telling me conflicting advice......any advice please as I feel so confused and this really isn't doing my mental health any good. I have begged my consultant to go back to work but he will not let me as if I go back too soon I will undo all the repair work he has done on my shoulder...please help I do not know where to turn to ---------thanks Sugar x

[Guest]

ok so you have the mandatory notice from dwp? and have passed to the tribunal service? ....if so at this stage you can be paid esa at the assessment phase/lower amount. its not full reinstatement as in the full amount you have been getting. you dont have to go for jsa. I would be ringing esa and telling them that the tribunal service has your request for a hearing and you are appealing their decision to stop esa and are now requesting payment of the basic esa amount while you await a tribunal hearing. Then put it in writing to them asap take a copy and send recorded delivery. Any confusion re the tribunal service then ring them, theyre helpful and will answer any questions.

 

DWP do pass you around and i had the same as you.....they are useless and in my case they were nasty and as unhelpful as possible. BUT i didnt give up and i won my tribunal and months of back pay. The support from this site was amazing and i would have given up i think without it.

[Sugarbabe47]

Thanks Ruby - Yes I have had the mandatory notice from dwp- got that on Sat just gone....been phoning all over today as I said.....I have just got to wait for them to send my full assessment notes so I can go through them, they ALL know I am going to appeal - but not sent anything in writing YET!!

I should be back at work in October and I just need something?? to live on till then....I told ESA umpteen times today I am appealing and would like my ESA re-instated but got told conflicting stories!! I have survivied many things in my life but to live on NIL income for 6/8 weeks is not viable for anyone, I will be dead in a week or so with no food,gas,electric etc.....Thanks again Sugar x

[estellyn]

You can't get your esa reinstated until your appeal has been made and processed. You need to apply to your local council for emergency assistance. You probably won't be able to apply for jsa as you aren't fit for work, and you already have a job. So get your appeal form completed and sent today if you can - once it's received and your appeal is on the system, then esa can be reinstated.

[tommy456]

Another question please. Do I claim JSA? I am unfit for work till end Sept? Do I claim Income support? Universal Credit? Oh my!! My heads just mushed with all this and the thought of living with no income is scary...how do I feed myself? pay for gas/electric? can't get my head round this lot!! I do not have any family that can help me. Upset is an understatement:sad:

 

Thanks for your help

 

Sugar x

You can if on ESA/JSA be entitled to a Warm home discount , if your energy supplier is one of the participating suppliers for the WHDS https://www.gov.uk/the-warm-home-discount-scheme/eligibility

 

Maybe go and see your local CAB they should be able to help you, they may refer you to one of their outreach advisers who do sometimes attend tribunal hearings , they can be a big help , they can also help with telling you what benefits you may be entitled to. and how to go about claiming them,

The discretionary housing and council tax payments, Provide extra help for those who are unable to afford to pay the 20%+ outstanding CT after the CT reduction has been applied , they can also make a payment to help with arreas ect., nut they have a limited fund no harm in claiming it if you think you satisfy the criteria

[Sugarbabe47]

Thank you Tommy456 - I have applied for the warm house discount as I am on meters for gas and electric. I have also applied to my local council for *urgent needs support scheme* for basic needs food etc. I only got this info after explaining to my council that I am on nil income. Why does the DWP not advise like this? I have been crying all day trying to sort everything out. I really cant believe in this day and age people are treated like this. I have also claimed the other help from council DHP? payment and have an interview on wednesday, the council have been the most helpful today on the phone. (Apart from you guys here!) I am afraid my mental health is suffering because of all this upset and stress. Thanks for all your help. Sugar x

[tommy456]

As for the DWP not informing people of other benefits that they may be entitled to, this seems to vary from area to area, I after being sanctioned wasn't informed about the hardship payments that the DWP pay to those who have been sanctioned and have no money to live as a result, They pointed me in the direction of my local council, who basically said all they could offer was a voucher for a food bank ,

[Sugarbabe47]

Hi Tommy

 

*They pointed me in the direction of my local council, who basically said all they could offer was a voucher for a food bank *

 

Sorry to hear this and I agree must be an area thing, I have been told some good news today, I am entitled to 2 x Food Parcels which will be delivered to me. One tonight and one next week also I have been given a £30.00 payment (cash to collect at a pay point) to cover my gas and electric for two weeks. Its all they can allow me which is better than nothing. I am so very grateful for this help. At least I will be able to manage the next 2 weeks. I have appointment tomorrow at my local Job Centre and Council offices so all I can do is hope I get the help I need. I will keep you posted. I also have help with my appeal from CAB, just waiting for them to contact me today or tomorrow. Feeling a little relieved today but still upset - I feel like a beggar asking for food!!

[GeneralSod]

Hello Sugarbabe47,

 

Have you asked the Job Centre for the forms for a Budgeting Loan? I haven't got much advice to give, but when I was in a similar situation a few years ago I filled in the forms and got around £300 which tided me over. They were reluctant to give me the forms but I persisted.

(If you see my thread they are now asking for it back! But needs must when the devil drives).

Best wishes to you. DON'T feel "like a beggar asking for food" - ALL of us are in need at some point in our lives, who is anyone to judge? We've all paid into a system to support us when things go tits-up, as it does for everyone sometimes, so don't feel bad about asking for what's rightfully yours! It's an insurance policy against a rainy day - that's why it's called National Insurance! x

[Sugarbabe47]

Thanks GeneralSod I will ask tomorrow when I go to Job Centre. I am anxious about my appt, and I have just read your thread...reading everything on here for tips/advice!! I know I have paid into the system for 40years and its not my fault I needed 2 operations on my dominant shoulder!! Honest to God this is ridiculous...from Feb (first op -which failed!!) to last week I have been in a sling unable to dress myself etc and have only managed to get to appointments...living alone at times like this is hard and I do find it embarrassing and upsetting to be left in this awful situation.

Budgeting loan or Crisis Loan? which do I ask for and will they not give me the form without a fight tomorrow??? Thanks for your help hun x

 

OMG...Just received a text *we have received your claim for jobseekers allowance* ---cant understand this system....

[GeneralSod]

More knowledgeable folk than me will hopefully be able to advise, but I personally got a Budgeting Loan, (my understanding is that Crisis Loans no longer exist, but I may be wrong).

Please don't feel embarrassed or upset - no one asks to be ill or unemployed, it happens to the best of us. Nothing is a permanent state - good times or bad times. Just keep trying to ride the wave and the madness of the unfathomable whims of the DWP!

[estellyn]

Sorry, budgeting loans are only available if in receipt of certain income based benefits for 26 weeks or more, and crisis loans no longer exist - the help from the council is in place of crisis loans.

[obiter dictum]

Quick point of reference

 

Budgeting, Crisis loans, as well as Community Care Grants are still available in Northern Ireland.

 

We still have the Social Security Agency, not DWP

 

Stormont refuses to accept the Governments welfare reforms

[estellyn]

Quick point of reference

 

Budgeting, Crisis loans, as well as Community Care Grants are still available in Northern Ireland.

 

We still have the Social Security Agency, not DWP

 

Stormont refuses to accept the Governments welfare reforms

 

yeah I know, I should move.

[Sugarbabe47]

yeah I know, I should move.

 

 

Can I come too estellyn,promise I will be good and quiet