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8 years 10 months ago #137308 by Julieg12
Jobseekers/ESA was created by Julieg12
;) On the 19th Dec 2014 our ESA support was stopped, after a visit to ATOS. There is nowhere open over Xmas and NewYear, to advise you. Then I found out Newham, London has no CAB. We had assistance eventually from Community Links, and went to Tribunal. The Tribunal gave us ESA back, but workforce.My husband has Hep C, geno 1, and arthritis of the spin, hips, knees, neck, mental health issues, depression, addiction. He now walks with walking stick, from hospital, and has put more weight on as he can not get around. He only goes out once a day to out chemist in morning, he knows way, we know a lot of people on route, our doctors is half way there so I do not threat. But because of his memory, I can not let him go anywhere on own.
It has been over 5 weeks since tribunal, and we still have not heard from DWP. So we are on Jobseekers. My claim is with his as we are married but I have my own issues which are getting worse. I have mental health issues, Clinical depression, suffer panic attacks, agrophobia when it gets stressful, have Vascular problems, my circulation is very bad, have arthritis in hands, along with other things. It is my mental health which is my concern at moment, last year the clinic attended closed and all my papers lost. So now have had to start off, going to Drs, attend assesments, more assesments then told no could not help as my symtoms too serious. Eventual have got into secondary Pshycology for couples, after which my name will be put forward, as long waiting list for one to one.
It makes me ill, each morning waking up thinking I have to find so many jobs this week or be sanctioned. I go to Work force, and do what they say, but we already lost money, and I could only do part time, as I have to go to Drug Councilling, Mental Health, appointnments, Tissue viabank, for my vascul exyzma then take my husband to his appointments. Plus I am a career for my elderly neighbour, make breakfast, take her shopping, plus talking therapy to another friend each Friday night.
It seems I do not matter, my problems are not included but it is dual claim. We signed on today and the lady was very indignant because she had to come down four flights of stairs as my husband can not climb that much. He can not get upstairs to bed. She said your on the work programme, make use of it, as afterwards you have to do vouleentry work 30hrs week, even over bank holidays for 13weeks with no pay. I am so scared now, I keep being sick, and feel is it worth living anymore.
Please is there anything I can do.

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8 years 10 months ago #137319 by Gordon
Replied by Gordon on topic Jobseekers/ESA
Julie

Welcome to the forum, you might want to have a look at the following FAQ which explain where everything is

Welcome to Benefits and Work

Can I confirm some of the things that you have posted.

Is your husband the main claimant for ESA?

You say you recently had a Tribunal for ESA which was one?

This placed the claimant in the WRAG? You refer to workforce?

You also say that there is a JSA claim. who is claiming this?

Did you claim ESA at the Assessment rate while you waited for the hearing?

If you did win your Tribunal then it usually takes the DWP 6-8 weeks to process a Tribunal result and put a claim back in to payment, from your post it has been about 5 weeks so I would be surprised if they had processed it yet, but you can give them a ring to find out what is going on.

While you are claiming JSA most of the activities that they might ask you to do are mandatory and your benefit can be sanctioned if you fail to comply. Your advisor appears to have forwarded the claimant on the Work Programme (WP), at the moment there is little that you can about this, if the claimant has been placed in the WRAG then it is likely that the WP placement will continue but the rules for the WP while on ESA are very different than those when on JSA.

If I have missed anything or you can clarify my questions, then please reply to this post and we try to offer further advice.

Gordon

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

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8 years 9 months ago #137390 by Julieg12
Replied by Julieg12 on topic Jobseekers/ESA
:unsure: Thank you for replying to my statements, I am so confused I do not know weather I am coming or going.

Firstly my husband is the main claimant, until Dec 19th we received ESA support allowance. After 19th when informed on the 22nd Dec 14, we had to make new claim on jobseekers, or wait until I honestly do not know. (We were already having problems, with the bedroom tax, just sorted that out, then this came on top, so we were behind in rent, other bills .
We went to tribunal and at end of day, tribunal told us we had our ESA back, but at time we did not know about support/and other. We were just thrilled that it would all come to an end. How silly. As of this date we are still claissified as Jobseekers, and have just received new papers today stating that. So I am so confussed. I have the tribunal paper stating that we should be on ESA. But work force activity. Our work force advisors, have said my husband is incapable of work just watching him sign on, so sent him for his depression to talking therapy. But me who has to wash, dress him in morning, prepare meals, clean, shop (no car) and cope with my day has to look for more jobs, fairs. I hate myself somedays, and only because I have to do for others, do I struggle to stay in this world, plus it helps me deal with my day.
We did not claim ESA Assesment whilst waiting for tribunal, we only had the jobseeker alternative. My husband is 60 this year, I am 57, we have worked, infact both of us worked at different hospitals. Plus when bringing up my son in the end I was working over 50hours a week voulentry, at the Newham Coalition. Closed this last 3yrs. So work we are not scared of,
it is our disabilities, plus as we get older, they do not get better.

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8 years 9 months ago #137420 by Gordon
Replied by Gordon on topic Jobseekers/ESA
Julie

Call the DWP to find out what is happening with the Tribunal result, you are approaching the six week mark that we would expect you to hear from them about it. The number to call is

THE ESA PHONE NUMBER DWP : 0345 608 8545 Press Option 3 for ESA. (Open 8AM-6PM. Mon-Fri.)

From your post your husband appears to have been placed in the WRAG by the Tribunal, this does mean that once the Decision is processed by the DWP that he will remain on the Work Programme, but the rules will be different when he is on ESA from what they are while he remains on JSA.

Gordon

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

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8 years 8 months ago #139804 by Julieg12
Replied by Julieg12 on topic ESA
At Xmas as I started to write about a month ago, my Husband the main claimant, as we are married 30 yrs or more, had our ESA Support stopped when seeing an ATOS nurse. Being
Xmas we could not get any information, as what to do? and made a claim for Jobseekers. but we did find out that we should appeal.
We took it to the Tribunal, where not understanding enough felt so relieved when they said we would get the ESA back. We managed to get letter from our GP, not very good, but luckly
our Consultant from the Liver Clinic gave a more detailed description. At this time we had many other problems, because the Clinic where both my Husband and myself were treated for Drug Addiction, myself also received my mental health support from them as well, plus our treatment for Hep C. from the BBV nurses and Liver Consultant. I was cured of Hep C, but my husband has geno type 1, which is much harder to rid, had two try with treatment but no luck. The Clinic lost the contract to CRI, which is private all our paperwork misplaced, and we fell through cracks. So at time of ATOS meet we had no back up, and the main reason we lost the support was because we were not in specialized treatment. ATOS said, that all changed again, when we eventually sorted help out from the consultant, and they said my husband could walk more 200yds. we got 0 points. At tribunal that overturned to 15points. But did not understand about ESA work force/support group till now. I am my husbands carer, plus at time for my two elderly neighbours, but I could manage that at my own pace and time, as I have problems with my hands, and severe depression, panic attacks . I have dealt with all paper works and everything our married life, but the last five years my depression has deteriated a lot. I had to give up my voulentry work, because everything was getting ontop of me.I can not concentrate, learn new things, do tests anymore, sometimes I can not go out. Please help me understand how we can boost our claim back to support, so I don't have to keep going to work force, I am sick the night before, can not sleep. If it was not for my son I would have taken the easy way out and top myself, that's what I feel like, I cannot explain things, I do not understand this ESA, plus now I have found out, that over the years my husband has claimed for me, no NI has been paid for me.
I"m 57 and will not be getting any pension. I was told by ESA that I have to make a claim, get sick notes. It has taken me over a year to get my Dr's to refer me for mental health treatment, I have a phobea of Dr's also, what do I ask for, do I need to get letter from the phyciatrist that is giving my husband and myself treatment as couple at moment, would they, or do I have to wait until I get one to one treatment. Because there is a long waiting list and I have to go through couple counselling first. I also have a key worker for the drugs, but none of these people know what I should do, or how to go about it. I am sorry Gordon it has taken this long to get back to you, but it takes me so long to process things now. There is so much I need to explain, but I do not know what is important and things. Plus I am scared, sad, desperate, mixed up. If you could please let us know what to do next. Thank you for your time.

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8 years 8 months ago #139812 by Gordon
Replied by Gordon on topic Jobseekers/ESA
Julie

I have merged your latest post with your previous ones so that we can both see what has been advised before,

It sounds as if your husband's ESA has been put back into payment following the Tribunal, is this the case?

Are you trying to make a claim for ESA in your own right?

If you are the you need to be aware of the following.

You mention that you are currently part of your husbands claim, this implies that he is receiving Income Related ESA at least in part . Only one person in the household can receive ESA(IR) at a time.

This is important as it appear that you have not worked for a while as you have been caring for your husband, do you receive Carers Allowance?

ESA comes in two flavours, Contribution Based ESA, which you claim in your own right or Income Related ESA, that you claim as couple.

If you have not worked during the Tax Years 2012-13 and 2013-14 or you have not been in receipt of CA, then you can only make a claim for ESA(IR) and if your husband is already receiving this then you can only do so by taking over his claim for ESA(IR).

If he is also receiving ESA(CB) then this will not effect your situation significantly, but if he only receives ESA(IR) then he will have to close his claim so that you can make yours which may have implications if you do not receive an award.

If you can answer my questions, I'll try and give more precise advice, although you might want to consider getting face to face advice, do an internet search for "welfare advice" with your postcode, town or county.

Gordon

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