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Income related ESA

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8 years 10 months ago #136972 by Gordon
Replied by Gordon on topic Income related ESA
RD

There is nothing stopping you closing your claim, but I would strongly advise you to get face to face advise from a trained advisor before you do so, you need to speak to someone who can calculate the various scenarios that are available to you in regard to benefits, not just now but in the future and in the light of potential changes.

Also, you might want to wait until you have a Decision on your PIP claim, if successful, we believe that an ESA(IR) top-up would be available and your money would significantly increase.

If you do close your ESA claim then you can make a rapid re-claim providing you do so within 12 weeks.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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8 years 10 months ago #137015 by raindaisy
Replied by raindaisy on topic Income related ESA
Thanks Gordon,

Finally today , my ordered disability rights handbook came through the post , i calculated we will have to pay towards rent of about £7.50 a week and there will be some council tax too , not sure how much.

I despair at the council . they go beyond the pale in the way they treat ppl. we have been at logger heads for 2 years plus...

any ways, I am currently , going through my PIP appeal papers and using your guide on challenging the medical report . yes i will wait until the outcome of PIP .

i am having surgery on Sunday, appeal is 10 days later, but i am determined to get it over with.

I will let you know. Thank you again.

great place to off load :-)

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  • bro58
8 years 10 months ago - 8 years 10 months ago #137017 by bro58
Replied by bro58 on topic Income related ESA

raindaisy wrote: Thanks Gordon,

Finally today , my ordered disability rights handbook came through the post , i calculated we will have to pay towards rent of about £7.50 a week and there will be some council tax too , not sure how much.

I despair at the council . they go beyond the pale in the way they treat ppl. we have been at logger heads for 2 years plus...

any ways, I am currently , going through my PIP appeal papers and using your guide on challenging the medical report . yes i will wait until the outcome of PIP .

i am having surgery on Sunday, appeal is 10 days later, but i am determined to get it over with.

I will let you know. Thank you again.

great place to off load :-)


Hi rd,

Having had several "battles" with Councils/LA's, they can be more bloody minded and belligerent to deal with than The DWP, and that's saying something !!! :laugh:

They "hate" me because I keep beating them !!! :laugh:

If your Tribunal Hearing is on or around the 08/07/15, you need to get any additional submissions/evidence that you may have to them ASAP., or you face the risk of it not being taken into account or an adjournment.

You can take a page or so of A4 as evidence on the day, any more than that and they will probably not read it.

If you are to do this make 5 copies, keep one copy yourself and hand the other 4 to The Clerk on your arrival.

I hope all goes well with the surgery ! :)

Keep up the "good fight" !!! :)

bro58
Last edit: 8 years 10 months ago by bro58.

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8 years 10 months ago - 8 years 10 months ago #137024 by raindaisy
Replied by raindaisy on topic Income related ESA
Thank you bro!! i hear you loud and clear on the LA issue. You are not alone!
what makes it hard for me , is i was an employee of them once, and the fiddles and skulduggery what goes on inside. I had a shelf life of 2 years and got out , and went over to "the other side" if you like!

i currently going through the HCP report and she has commented on EVERY section of the observations , repeatedly:
"she has no mental health input" and "she has no specialist treatment or involvement therefore can manage this task reliably "
I have widespread fibromyalgia and the specialist has made clear no further appointments , as FM is managed by GP !! whilst I have given medical evidence of MH assessment which scored "severe"..it impossible to have MH input every time i am in a crashed out flare!

the HCP has also repeated in every section "no condition type" referring to cognitive etc ?? what does that mean ??
Fibro affects all limbs, upper and lower , and also cognitively as well, hence why it taking me so long to get on with this.

she has also "formal observations indicated her to be well nourished"! she is referring to me overweight! my BMI has been mentioned in letters which refer to surgery , but not FM!! indeed, limited and difficult mobility has been a major contributory factor of my BMI!!

she also said i was observed walking normally etc..therefore can walk 200 meters! it was less than 8 meters from the front door to the chair, as the "clinic" is a converted old butchers shop front!

the ESA HCP report is far more detailed and completely says the opposite and awarded 15 pts for mobility due to the upper and lower limb and i have a condition..etc..??

in a nutshell everything I stated on form and the medical evidence has been ignored and contradicted. throughout.

i should not be doing this as bp is on the rise. lol
Last edit: 8 years 10 months ago by bro58.

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  • bro58
8 years 10 months ago - 8 years 10 months ago #137030 by bro58
Replied by bro58 on topic Income related ESA

raindaisy wrote: Thank you bro!! i hear you loud and clear on the LA issue. You are not alone!
what makes it hard for me , is i was an employee of them once, and the fiddles and skulduggery what goes on inside. I had a shelf life of 2 years and got out , and went over to "the other side" if you like!

i currently going through the HCP report and she has commented on EVERY section of the observations , repeatedly:
"she has no mental health input" and "she has no specialist treatment or involvement therefore can manage this task reliably "
I have widespread fibromyalgia and the specialist has made clear no further appointments , as FM is managed by GP !! whilst I have given medical evidence of MH assessment which scored "severe"..it impossible to have MH input every time i am in a crashed out flare!

the HCP has also repeated in every section "no condition type" referring to cognitive etc ?? what does that mean ??
Fibro affects all limbs, upper and lower , and also cognitively as well, hence why it taking me so long to get on with this.

she has also "formal observations indicated her to be well nourished"! she is referring to me overweight! my BMI has been mentioned in letters which refer to surgery , but not FM!! indeed, limited and difficult mobility has been a major contributory factor of my BMI!!

she also said i was observed walking normally etc..therefore can walk 200 meters! it was less than 8 meters from the front door to the chair, as the "clinic" is a converted old butchers shop front!

the ESA HCP report is far more detailed and completely says the opposite and awarded 15 pts for mobility due to the upper and lower limb and i have a condition..etc..??

in a nutshell everything I stated on form and the medical evidence has been ignored and contradicted. throughout.

i should not be doing this as bp is on the rise. lol


Hi rd,

It's really important that you get any evidence that you have to The Tribunal ASAP, ideally they state that it should be with them no later than 14 days before the hearing.

As previously stated you can present a page or so on the day.

Once you have posted your evidence, you might want to ring The Clerk to ensure that they have it and that it arrived in time for the panel to read it, and take it into account.

Qualifying for The SG under the Mobilising descriptor is a very good indication that you should qualify for at least a Standard PIP Mobility Award.

Not only is the ESA Mobilising Test a walking test, it also assesses whether you can self propel a manual wheelchair unaided, so in a way it is more difficult to fulfil.

PIP "Moving Around" is purely a walking test.

PIP Moving Around :

"a. Can stand and then move more than 200 metres, either aided or unaided. 0 points.

b. Can stand and then move more than 50 metres but no more than 200 metres, either aided or unaided. 4 points.

c. Can stand and then move unaided more than 20 metres but no more than 50 metres. 8 points.

d. Can stand and then move using an aid or appliance more than 20 metres but no more than 50 metres. 10 points.


e. Can stand and then move more than 1 metre but no more than 20 metres, either aided or unaided. 12 points.

f. Cannot, either aided or unaided, –
(i) stand;
or
(ii) move more than 1 metre. 12 points.

ESA Mobilising Activity/Descriptor 1. :

1. Mobilising unaided by another person with or without a walking stick, manual wheelchair or other aid if such aid is normally or could reasonably be worn or used.

1 Cannot either:

(a) mobilise more than 50 metres on level ground without stopping in order to avoid significant discomfort or exhaustion;

or

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant discomfort or exhaustion.


From :

The Functional SG (LCWRA)Schedule 3 Descriptors

As you know the requisite for Enhanced PIP Moving Around Mobility is that you can walk no more than 20 meters, although it should be taken into account whether you can do so Reliably. (A very important word)

For Enhanced Mobility PIP, you have to fulfil e. or f. above, and score 12 points.

Have another read through our : PIP Claims Guide. (2nd Link on page) from page 58, re : Moving Around.

Good luck.

bro58
Last edit: 8 years 10 months ago by bro58.

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