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ESA CB
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9 years 5 months ago #126310 by sheeps68
ESA CB was created by sheeps68
Hi. I have put in a request for ill health retirement which is agreed by my doctors as the best course of action. I work for a local authority and as such get 6 months full pay and then 6 months half pay. I've had to put in a claim for ESA as my SSP runs out shortly. I'm told I will still get ESA assessment rate whilst getting half pay.
I was surprised by this as expected to just get my NI contributions paid. Can someone assure me this is correct please. Of course I'm hoping I will end up in the support group as my daily care needs are now taking all my energy. I currently get DLA high mobility & low care. However am going to request my care needs are looked at again once I have the medical evidence for this.
Also presuming the Ill Health Retirement goes through eventually how do things work then? Will I still get ESA, I presume I can still get my NI paid. I'm still in my 40's!
Many Thanks
I was surprised by this as expected to just get my NI contributions paid. Can someone assure me this is correct please. Of course I'm hoping I will end up in the support group as my daily care needs are now taking all my energy. I currently get DLA high mobility & low care. However am going to request my care needs are looked at again once I have the medical evidence for this.
Also presuming the Ill Health Retirement goes through eventually how do things work then? Will I still get ESA, I presume I can still get my NI paid. I'm still in my 40's!
Many Thanks
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9 years 5 months ago #126316 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB
DW
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You cannot be in remunerative work and continue to receive ESA, but if you are signed off as sick by your employer then this should not count, the important thing is to be open and honest with the DWP about what is going on.
Further, as you have been previously been working then you should be eligible for Contribution Based ESA which is not affected by your income (there is one exception - see below), your savings or whether a partner works, this is not the case for Income Related ESA.
ESA(CB) may be affected by any pension income you might receive from your Ill Health Retirement, I cannot say whether this will definitely be the case as it will depend on the T&Cs of the scheme, but the most likely scenario is that the first £85/week will be disregarded and then there will be a £1/week deduction for every £2/week above the £85.
Before reporting a Change of Circumstances for your DLA you should check whether you are in an active PIP postcode as a CofC will trigger an invitation to claim PIP if you are rather than a DLA renewal. See
www.gov.uk/government/publications/pip-postcode-map-uk
Please follow the Members Only Guides link in the top left of the page for the ESA, DLA or PIP guides.
Gordon
Welcome to the forum
In case you are not aware, your real name appears to be showing in the forum, if you want to change this then follow the instructions in the following FAQ
My full name is showing, how can I stop it?
You cannot be in remunerative work and continue to receive ESA, but if you are signed off as sick by your employer then this should not count, the important thing is to be open and honest with the DWP about what is going on.
Further, as you have been previously been working then you should be eligible for Contribution Based ESA which is not affected by your income (there is one exception - see below), your savings or whether a partner works, this is not the case for Income Related ESA.
ESA(CB) may be affected by any pension income you might receive from your Ill Health Retirement, I cannot say whether this will definitely be the case as it will depend on the T&Cs of the scheme, but the most likely scenario is that the first £85/week will be disregarded and then there will be a £1/week deduction for every £2/week above the £85.
Before reporting a Change of Circumstances for your DLA you should check whether you are in an active PIP postcode as a CofC will trigger an invitation to claim PIP if you are rather than a DLA renewal. See
www.gov.uk/government/publications/pip-postcode-map-uk
Please follow the Members Only Guides link in the top left of the page for the ESA, DLA or PIP guides.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sheeps68
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9 years 5 months ago #126322 by sheeps68
Replied by sheeps68 on topic ESA CB
Thanks hopefully I've solved the name issue.
Yes I've been off sick constantly since July. I was honest but do fear they haven't taken it all down correctly as would not want to be in the wrong.
With regard to my DLA I checked I was not under the PIP area's yet. I was concerned as of course there is a risk involved and with an indefinite award that was a bigger risk for me. I have had the forms sent to me and almost chickened out of doing it due to fear of them deciding I no longer met mobility criteria as as aspect I had to appeal in 2003 then I saw this sentence on the form "You do not have to answer questions 25 - 36 if you do not want to claim for help getting around outdoors, or you have claimed for help getting around outdoors and nothing has changed" Of course this will be highlighted and underlined. Not to mention it being referred to in bold and red on accompanying letter.
Thanks for the information. ESA & DLA forms are about ready to go just waiting medical information to put in with them all.
Yes I've been off sick constantly since July. I was honest but do fear they haven't taken it all down correctly as would not want to be in the wrong.
With regard to my DLA I checked I was not under the PIP area's yet. I was concerned as of course there is a risk involved and with an indefinite award that was a bigger risk for me. I have had the forms sent to me and almost chickened out of doing it due to fear of them deciding I no longer met mobility criteria as as aspect I had to appeal in 2003 then I saw this sentence on the form "You do not have to answer questions 25 - 36 if you do not want to claim for help getting around outdoors, or you have claimed for help getting around outdoors and nothing has changed" Of course this will be highlighted and underlined. Not to mention it being referred to in bold and red on accompanying letter.
Thanks for the information. ESA & DLA forms are about ready to go just waiting medical information to put in with them all.
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9 years 5 months ago #126325 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB
sheeps68
Your ESA form in particular needs to be returned to ATOS by the date on the accompanying letter, or you risk your claim being closed, so if waiting for the reports would compromise your doing this, send the form on it's own and the reports separately to the same address, we would also recommend in these circumstances your sending a copy to the DWP c/o the Decision Maker and to take a copy to any face to face assessment you might have.
Gordon
Your ESA form in particular needs to be returned to ATOS by the date on the accompanying letter, or you risk your claim being closed, so if waiting for the reports would compromise your doing this, send the form on it's own and the reports separately to the same address, we would also recommend in these circumstances your sending a copy to the DWP c/o the Decision Maker and to take a copy to any face to face assessment you might have.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sheeps68
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9 years 5 months ago #126640 by sheeps68
Replied by sheeps68 on topic ESA CB
I am now in huge relief.
I have finally had the medical letters I needed to support ill health retirement, ESA & DLA change of circumstances.
I'm grateful I'm still in the DLA are and not being transferred to PIP. It's just my care needs have increased so asked to have claim looked at again. Hopefully I'll now get middle rate care but we shall wait and see any idea how long its taking for DLA change of circumstances are taking? Do we get a letter of acknowledgement? I'm being pessimistic and expecting a long wait.
My ESA50 has also gone off with some quite string medical evidence. Again am not expecting fast! In fact am expecting it to take a long time. Do we get acknowledgement of receipt of forms?
As for the ill health retirement again I do not expect fast as work for a local authority. Am told it can go through in around 2 months once it gets to occupational health if good medical evidence. I have got that and I don't think anyone can argue with the evidence. The same evidence was used for the other 2 forms. The hiccup here is a manager needs to complete the form.
However I'm in relief for now as this current bit for me is over as I sent off pages of negative evidence of what I can't do. Was really glad for the DLA & ESA guides as in some odd way it allowed me to disconnect emotionally a little from what I was having to state was all my difficulties. Yes I had been in denial as to how things had deteriorated so those forms forced me to really look at it. Hence a little emotional disconnection was really helpful.
I have finally had the medical letters I needed to support ill health retirement, ESA & DLA change of circumstances.
I'm grateful I'm still in the DLA are and not being transferred to PIP. It's just my care needs have increased so asked to have claim looked at again. Hopefully I'll now get middle rate care but we shall wait and see any idea how long its taking for DLA change of circumstances are taking? Do we get a letter of acknowledgement? I'm being pessimistic and expecting a long wait.
My ESA50 has also gone off with some quite string medical evidence. Again am not expecting fast! In fact am expecting it to take a long time. Do we get acknowledgement of receipt of forms?
As for the ill health retirement again I do not expect fast as work for a local authority. Am told it can go through in around 2 months once it gets to occupational health if good medical evidence. I have got that and I don't think anyone can argue with the evidence. The same evidence was used for the other 2 forms. The hiccup here is a manager needs to complete the form.
However I'm in relief for now as this current bit for me is over as I sent off pages of negative evidence of what I can't do. Was really glad for the DLA & ESA guides as in some odd way it allowed me to disconnect emotionally a little from what I was having to state was all my difficulties. Yes I had been in denial as to how things had deteriorated so those forms forced me to really look at it. Hence a little emotional disconnection was really helpful.
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9 years 5 months ago #126646 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA CB
Sheeps
There is considerable variance across the country in regard to ESA re-assessment times, currently we are still hearing of claimants waiting well in excess of a year for a Decision to be reached, the situation is improving but I think it likely that you will still wait the best part of a year to hear.
PIP timescales are quote as being 26 week but I think 39 is a more realistic average at the moment.
Neither of your forms will be acknowledged, if you did not send them using a tracked postal service, then it would be worth your while to phone ATOS for the ESA form and the DWP for the PIP one, just to confirm receipt of the forms.
Gordon
There is considerable variance across the country in regard to ESA re-assessment times, currently we are still hearing of claimants waiting well in excess of a year for a Decision to be reached, the situation is improving but I think it likely that you will still wait the best part of a year to hear.
PIP timescales are quote as being 26 week but I think 39 is a more realistic average at the moment.
Neither of your forms will be acknowledged, if you did not send them using a tracked postal service, then it would be worth your while to phone ATOS for the ESA form and the DWP for the PIP one, just to confirm receipt of the forms.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
The following user(s) said Thank You: sheeps68
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