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1998 Accident at work IIB, IB IB - ESA migration..
- brucky
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8 years 11 months ago - 8 years 11 months ago #134319 by brucky
1998 Accident at work IIB, IB IB - ESA migration.. was created by brucky
ESA (wrag) April 2014 contributions based 365 days expired 23rd April 2015.
As my work takes me away from home I was unaware that my wife was going through difficulties with this, and assumed it was as written in the letter "a smooth migration" or very similar wording. She wrongly assumed this was the case, when after submitting the ESA50 she quickly received ESA confirmation of migration to ESA from IB wiith nothing more than the ESA50, no medical assessments. At her 1st WFI in May 2014 the personal adviser told her she was in the wrong group gave her a number to call and tell them and apply for PIP.
13 months on our smooth migration has failed.
From 1998, a serious life changing accident at work, resulting in loss and impaired upper limb and bodily faculty. Also the specialist diagnosed Fybromyalgia, brought on by the sudden trauma of her accident. She had never had the symptoms previously. My wife had great difficulties in gaining any recognition of this as a debilitating condition around the late nineties within our local GP`s. So she soldiered on, not pursuing it suffering daily with it`s debilitating symptoms. Through multiple IIB /IB medicals and a final life award (although I assume that was for DWP advantage in capping at a fixed level)
IIB life award remains.
IB that was based on the IIB incapacity has gone replaced by the ESA.
ESA cont based has now expired.
Numerous requests for MR have either been lost or no evidence of call request logged.
In the end over the last year my wife became disheartened and just gave in. This only came to light with me being based closer to home and becoming more aware of the situation and more importantly the health changes with her. She asked me if I could act for her and deal with it. from my first contact with DWP I felt that this was a stalling situation, possibly so as her 365 days expired.
As this year quite soon after her ESA expiry date of 23rd April. The MR raised more profile in any calls I made.
Today that was received with comments from a decision maker from doctor`s and my taken out of the context they were submitted in. A total disregard for at least 2 descriptors that are repeated more than once per week. That would normally have placed her in SG on migration.
It would appear that wrongly or through malpractices DWP and the Gov. have succeeded in removing this expenditure from his Welfare budget.
We are at a loss, and are wondering do we appeal, and how ?
I have briefly read many forum comments and see that some have succeeded, and well done.
Any advice would be appreciated. Please accept apology for the long winded entry.
Bob
As my work takes me away from home I was unaware that my wife was going through difficulties with this, and assumed it was as written in the letter "a smooth migration" or very similar wording. She wrongly assumed this was the case, when after submitting the ESA50 she quickly received ESA confirmation of migration to ESA from IB wiith nothing more than the ESA50, no medical assessments. At her 1st WFI in May 2014 the personal adviser told her she was in the wrong group gave her a number to call and tell them and apply for PIP.
13 months on our smooth migration has failed.
From 1998, a serious life changing accident at work, resulting in loss and impaired upper limb and bodily faculty. Also the specialist diagnosed Fybromyalgia, brought on by the sudden trauma of her accident. She had never had the symptoms previously. My wife had great difficulties in gaining any recognition of this as a debilitating condition around the late nineties within our local GP`s. So she soldiered on, not pursuing it suffering daily with it`s debilitating symptoms. Through multiple IIB /IB medicals and a final life award (although I assume that was for DWP advantage in capping at a fixed level)
IIB life award remains.
IB that was based on the IIB incapacity has gone replaced by the ESA.
ESA cont based has now expired.
Numerous requests for MR have either been lost or no evidence of call request logged.
In the end over the last year my wife became disheartened and just gave in. This only came to light with me being based closer to home and becoming more aware of the situation and more importantly the health changes with her. She asked me if I could act for her and deal with it. from my first contact with DWP I felt that this was a stalling situation, possibly so as her 365 days expired.
As this year quite soon after her ESA expiry date of 23rd April. The MR raised more profile in any calls I made.
Today that was received with comments from a decision maker from doctor`s and my taken out of the context they were submitted in. A total disregard for at least 2 descriptors that are repeated more than once per week. That would normally have placed her in SG on migration.
It would appear that wrongly or through malpractices DWP and the Gov. have succeeded in removing this expenditure from his Welfare budget.
We are at a loss, and are wondering do we appeal, and how ?
I have briefly read many forum comments and see that some have succeeded, and well done.
Any advice would be appreciated. Please accept apology for the long winded entry.
Bob
Last edit: 8 years 11 months ago by . Reason: tick
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- Gordon
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8 years 11 months ago #134323 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 1998 Accident at work IIB, IB IB - ESA migration..
BB
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?
Your post suggests that you wife has now had a Mandatory Reconsideration in regard her WRAG award? You should now have two copies of the MR Notice?
Based on what you have written, you have until 22 May to make an appeal to the Tribunal Service, our ESA MR & Appeal guide has links to the form you will need and how to complete it, you will need to supply Good Cause for the appeal being late, the fact that the DWP have only just completed an MR despite repeated requests should be sufficient.
The Appeal, as the MR, can only look at your wife's condition as it was at the time of her transfer to ESA. Your primary goal is to show that she met the criteria for the Support Group at that time, but you also need to show that she met the criteria for the WRAG as the Appeal panel can reach any Decision that the Decision Maker could.
You obviously need to address the contents of the assessment report, but doing so directly offers little chance of success as you will simply be arguing with the opinions of the assessor, rather you should show that she meets the criteria, why she meets the criteria by reference to her own medical evidence and then why the assessors conclusions are incorrect, again by reference to her evidence.
If you can show a documented decline in her conditions since she started to receive ESA, then you can in parallel to an appeal ask for her claim to be re-assessed based on that deterioration, if she is successfully placed in the Support Group then her ESA payments will be re-instated.
You need to be aware that a new Decision will limit the result of the Tribunal, so if they decide she qualifies for the SG and the new Decision by the DWP places her back in the WRAG then payments will only be made from 23 April 2014 until the date of that new Decision. Obviously this new Decision would be eligible for an new MR and Appeal.
You are a long term member of B&W so I assume that you have previously used the guides, but if not then our ESA Claim guides are available on the following link. There have been no changes to the ESA Descriptors and Regulations, but there has been some changes to the DWP guidance which may be applicable.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then 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?
Your post suggests that you wife has now had a Mandatory Reconsideration in regard her WRAG award? You should now have two copies of the MR Notice?
Based on what you have written, you have until 22 May to make an appeal to the Tribunal Service, our ESA MR & Appeal guide has links to the form you will need and how to complete it, you will need to supply Good Cause for the appeal being late, the fact that the DWP have only just completed an MR despite repeated requests should be sufficient.
The Appeal, as the MR, can only look at your wife's condition as it was at the time of her transfer to ESA. Your primary goal is to show that she met the criteria for the Support Group at that time, but you also need to show that she met the criteria for the WRAG as the Appeal panel can reach any Decision that the Decision Maker could.
You obviously need to address the contents of the assessment report, but doing so directly offers little chance of success as you will simply be arguing with the opinions of the assessor, rather you should show that she meets the criteria, why she meets the criteria by reference to her own medical evidence and then why the assessors conclusions are incorrect, again by reference to her evidence.
If you can show a documented decline in her conditions since she started to receive ESA, then you can in parallel to an appeal ask for her claim to be re-assessed based on that deterioration, if she is successfully placed in the Support Group then her ESA payments will be re-instated.
You need to be aware that a new Decision will limit the result of the Tribunal, so if they decide she qualifies for the SG and the new Decision by the DWP places her back in the WRAG then payments will only be made from 23 April 2014 until the date of that new Decision. Obviously this new Decision would be eligible for an new MR and Appeal.
You are a long term member of B&W so I assume that you have previously used the guides, but if not then our ESA Claim guides are available on the following link. There have been no changes to the ESA Descriptors and Regulations, but there has been some changes to the DWP guidance which may be applicable.
www.benefitsandwork.co.uk/help-for-claimants/esa1
If you have further questions then 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
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- brucky
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8 years 11 months ago #134324 by brucky
Replied by brucky on topic 1998 Accident at work IIB, IB IB - ESA migration..
Gordon Thanks.
Yes long term member resulted from the long term situation with wife and seeking advice / support on recognition of the Fybromyalgia, but because I was always in decent paid employment we both stupidly let the system grind us down and accepted it. At 59 I have just been released from my project role and you soon notice how harsh the welfare system is. I thought savings and premium, bonds bought for the grandkids were safe I am now experiencing the welfare cuts first hand, and cannot believe what I am experiencing and pray daily for a new project or any job. I have changed name. The day of the accident changed our families lives and still does as we deal with the ongoing degeneration, exacerbated by it. I am totally shocked that a certain descriptor has been disregarded, or appears disregarded.
Thank`s for heads up
I have downloaded Tribunal forms and will try and submit asap.
Once again thanks
BR
Bob
Yes long term member resulted from the long term situation with wife and seeking advice / support on recognition of the Fybromyalgia, but because I was always in decent paid employment we both stupidly let the system grind us down and accepted it. At 59 I have just been released from my project role and you soon notice how harsh the welfare system is. I thought savings and premium, bonds bought for the grandkids were safe I am now experiencing the welfare cuts first hand, and cannot believe what I am experiencing and pray daily for a new project or any job. I have changed name. The day of the accident changed our families lives and still does as we deal with the ongoing degeneration, exacerbated by it. I am totally shocked that a certain descriptor has been disregarded, or appears disregarded.
Thank`s for heads up
I have downloaded Tribunal forms and will try and submit asap.
Once again thanks
BR
Bob
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- Gordon
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8 years 11 months ago #134325 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic 1998 Accident at work IIB, IB IB - ESA migration..
brucky
If you are no longer working then there is a possibility that your wife would be entitled to Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that she is then you can request an ESA3 form from the DWP, which captures your financial information to allow the DWP to make a decision on entitlement.
Being entitled to ESA(IR) passports a number of other benefits such as free prescriptions and dental care and also potentially Housing Benefit and Council Tax assistance.
Have you look at your wife receiving PIP?
Gordon
If you are no longer working then there is a possibility that your wife would be entitled to Income Related ESA. ESA(IR) is dependant on your household income, your savings and assets, and any hours that your partner works. See
Asset rule for ESA(IR)
24 hour work rule for ESA(IR)
If you think that she is then you can request an ESA3 form from the DWP, which captures your financial information to allow the DWP to make a decision on entitlement.
Being entitled to ESA(IR) passports a number of other benefits such as free prescriptions and dental care and also potentially Housing Benefit and Council Tax assistance.
Have you look at your wife receiving PIP?
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Please Log in or Create an account to join the conversation.
- sally-jane
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8 years 11 months ago #134336 by sally-jane
Replied by sally-jane on topic 1998 Accident at work IIB, IB IB - ESA migration..
Hi,
Sorry to hear of your difficulties.
I too had an accident at work in 1996 and as a single person, home owner, life became very difficult.
I had a well paid position in the Local Authority(LA) and expected the L.A to help as things became harder. The accident resulted in me being retired from work due to illhealth and given a life award re IIB at 50%.
Brucky did your wife get a pension from work when she left?
What % did she get as a life award on IIB - it does have a bearing on her DLA/PIP/ IB to ESA - SG/WRAG and IR/CB.
I unfortunately did NOT get a pension from the LA, as it was suggested at the time back in 1999 when I no longer could continue at work that the DWP would pay me IB as it was then for life and a top up re DLA from mid range to high range as I deteriorated and works on the house would be made available when deemed neccessary. ( lies lies and dam lies now.)
As we are all aware this SAFETY net has been withdrawn, no IB for life, ESA forms to fill out on a regular basis and your health deteriorating all the time with the stress and strain of trying to fit in the SG Category , unfortunately it seems your wife only made it into the WRAG lot and as you work she is penalised.
Savings taken off you if you have any and life gets worse and worse and now with the impending further cuts for those on CB benefits and IIB being withdrawn along with DLA/PIP only for those on UC, your family as mine will take the full brunt of the cuts.
I advise you have a chat with your MP now and explain how it has affected you and your poor wife who like me tried to soldier on without to much of a complaint and have been dealt a poor hand.
Do not try and get your IIB changed, because Fibro/ arthritis change of circs will definately result in a loss of the IIB she already has.
I know it all seems doom and gloom, butwhenss people go thru the wrong way and get on this site and explain the pitfalls they went thru, hopefully will help us before anything else goes wrong.
Good luck
Sorry to hear of your difficulties.
I too had an accident at work in 1996 and as a single person, home owner, life became very difficult.
I had a well paid position in the Local Authority(LA) and expected the L.A to help as things became harder. The accident resulted in me being retired from work due to illhealth and given a life award re IIB at 50%.
Brucky did your wife get a pension from work when she left?
What % did she get as a life award on IIB - it does have a bearing on her DLA/PIP/ IB to ESA - SG/WRAG and IR/CB.
I unfortunately did NOT get a pension from the LA, as it was suggested at the time back in 1999 when I no longer could continue at work that the DWP would pay me IB as it was then for life and a top up re DLA from mid range to high range as I deteriorated and works on the house would be made available when deemed neccessary. ( lies lies and dam lies now.)
As we are all aware this SAFETY net has been withdrawn, no IB for life, ESA forms to fill out on a regular basis and your health deteriorating all the time with the stress and strain of trying to fit in the SG Category , unfortunately it seems your wife only made it into the WRAG lot and as you work she is penalised.
Savings taken off you if you have any and life gets worse and worse and now with the impending further cuts for those on CB benefits and IIB being withdrawn along with DLA/PIP only for those on UC, your family as mine will take the full brunt of the cuts.
I advise you have a chat with your MP now and explain how it has affected you and your poor wife who like me tried to soldier on without to much of a complaint and have been dealt a poor hand.
Do not try and get your IIB changed, because Fibro/ arthritis change of circs will definately result in a loss of the IIB she already has.
I know it all seems doom and gloom, butwhenss people go thru the wrong way and get on this site and explain the pitfalls they went thru, hopefully will help us before anything else goes wrong.
Good luck
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- brucky
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8 years 11 months ago #134343 by brucky
Replied by brucky on topic 1998 Accident at work IIB, IB IB - ESA migration..
Gordon
Should she consider applying for PIP.
She has told me that a ESA3 was forwarded last week after the ESa cont ended. So I will need to complete and return asap.
She attended a Work Focused interview yesterday as she was advised even though ESA cont had ended they were aware of the MR request and the ESA being requested and issued. She should not fall foul of the system by not attending?
Currently we have income of my JSA with a slight reduction for savings etc
IIDB for my wife and CTC for grandson who we have raised since birth in 2006..
I have started the process of appeal, hopefully following correct guides the initial ESA50 has a small number 10/13 in bottom l/h corner
I have the forms. I sent the request for data / reports through post with proof of postage. I was considering dropping into local CAB for chat on the appeal if they assist? Totally out of my depth with this Can be involved in multi million pound projects for new CHP and Biomass turbines or new builds , but just cannot get my head round this.
BR
Bob
Should she consider applying for PIP.
She has told me that a ESA3 was forwarded last week after the ESa cont ended. So I will need to complete and return asap.
She attended a Work Focused interview yesterday as she was advised even though ESA cont had ended they were aware of the MR request and the ESA being requested and issued. She should not fall foul of the system by not attending?
Currently we have income of my JSA with a slight reduction for savings etc
IIDB for my wife and CTC for grandson who we have raised since birth in 2006..
I have started the process of appeal, hopefully following correct guides the initial ESA50 has a small number 10/13 in bottom l/h corner
I have the forms. I sent the request for data / reports through post with proof of postage. I was considering dropping into local CAB for chat on the appeal if they assist? Totally out of my depth with this Can be involved in multi million pound projects for new CHP and Biomass turbines or new builds , but just cannot get my head round this.
BR
Bob
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