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IB to ESA to nothing??
- Carole Little
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9 years 10 months ago - 9 years 10 months ago #122760 by Carole Little
IB to ESA to nothing?? was created by Carole Little
I have been in IB since 1998 for PTSO as I was stabbed during the night whilst I was asleep and I have never gotten over it, plus I have a bad back, I have had my L4 & L5 and leg nerves removed, my condition is never going to get better, I am getting worse more rapidly now, anyway, for the last year I have had ATOS contact me to attend an the medical interview, which I keep refusing but I have always asked for an home visit, my Doctor wrote some notes to DWP which was complete rubbish, I can not travel nor be in strange areas, rooms or with strangers, anyway, DWP have now cancelled my claim for not attending, so what do I do now??? they did the reconsideration without me asking for one and they still said no to my claim, because apparently I did not give a good enough reason for not attending, I get very violent and aggressive when I feel I am in danger r and I keep telling them that but they are not listening, so now they have stopped my claim. What shall I do now?
Last edit: 9 years 10 months ago by Gordon.
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- Gordon
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9 years 10 months ago - 9 years 10 months ago #122764 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic IB to ESA to nothing??
CL
Welcome to the forum.
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With regard your problem, I am afraid that your options are now extremely limited.
As you failed to attend the assessment you have been classed as Fit for Work due to a technical failure.
I would make a new claim for ESA immediately, however, as you were previously on IB you will now only be able to make a claim for Income Related ESA which will need you to meet the associated means test.
Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
However, you will not be eligible for payment until six months have elapsed from the date of the Decision which closed your claim or you attend an ESA assessment.
In parallel, assuming that you now have a Mandatory Reconsideration Notice from the DWP, you can lodge an appeal with the Tribunal Service to have your original claim re-instated, you will need to show that the DWP Decision to close was unreasonable and that you cannot attend an assessment at an ATOS office. Have a look at our ESA MR And Appeal guide for further information on the process.
www.benefitsandwork.co.uk/help-for-claimants/esa
I note that your GP's letter was not supportive, I have to warn you that without medical evidence to support your appeal you are unlikely to be successful, for example you may need to show that you never go out and if this is the case how you manage for shopping etc.
In terms of other benefits, you may be able to make a claim for Housing Benefit on the basis of zero income, but I do not believe that you will qualify for any other benefits in the short term that will replace the IB/ESA. Have you looked at the possibility of making a PIP claim?
If you have any questions on the above, please reply to this post and we will do our best to help.
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?
With regard your problem, I am afraid that your options are now extremely limited.
As you failed to attend the assessment you have been classed as Fit for Work due to a technical failure.
I would make a new claim for ESA immediately, however, as you were previously on IB you will now only be able to make a claim for Income Related ESA which will need you to meet the associated means test.
Eligibility for ESA(IR) is dependant on your household income, assets and savings and any hours that a partner works.
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
However, you will not be eligible for payment until six months have elapsed from the date of the Decision which closed your claim or you attend an ESA assessment.
In parallel, assuming that you now have a Mandatory Reconsideration Notice from the DWP, you can lodge an appeal with the Tribunal Service to have your original claim re-instated, you will need to show that the DWP Decision to close was unreasonable and that you cannot attend an assessment at an ATOS office. Have a look at our ESA MR And Appeal guide for further information on the process.
www.benefitsandwork.co.uk/help-for-claimants/esa
I note that your GP's letter was not supportive, I have to warn you that without medical evidence to support your appeal you are unlikely to be successful, for example you may need to show that you never go out and if this is the case how you manage for shopping etc.
In terms of other benefits, you may be able to make a claim for Housing Benefit on the basis of zero income, but I do not believe that you will qualify for any other benefits in the short term that will replace the IB/ESA. Have you looked at the possibility of making a PIP claim?
If you have any questions on the above, please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 10 months ago by Gordon.
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- Rubyred
9 years 10 months ago #122772 by Rubyred
Replied by Rubyred on topic IB to ESA to nothing??
Hi CL, it seems that indeed your choices are limited, to successfully meet the criteria for any benefit you will have to attend at a centre when asked to do so.
As you are housebound, you will have to have evidence and to explain in detail how you manage your life, your GP would be the best person or a Social Worker, Welfare Officer or someone who could confirm your claim.
There doesnt appear to be any other choice and its a desperate situation to be in, maybe you need to speak to a mediator who could act on your behalf and give you advice to help you.
As you are housebound, you will have to have evidence and to explain in detail how you manage your life, your GP would be the best person or a Social Worker, Welfare Officer or someone who could confirm your claim.
There doesnt appear to be any other choice and its a desperate situation to be in, maybe you need to speak to a mediator who could act on your behalf and give you advice to help you.
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