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ESA epilepsy support group?

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8 years 1 month ago #154102 by sam1982
ESA epilepsy support group? was created by sam1982
HI, looking for some advice as im really worried.

I am currently in the support group for ESA and i have just had a reassessment form sent to me.

I've only just had my tribunal settled (in my favour) for PIP in December so having this form sent for ESA fills me with dread with potentially having to go through the whole thing again.

Ive had a read through on here and online and it seems some of the support descriptors have changed since i last qualified. Last time i was assessed i qualified for the support group through the incontinence descriptor- i suffer epilepsy and this happens.

However the descriptor now says incontinence when conscious but when i am having a seizure i suppose i will be classed as unconscious? and i think this will no longer apply to me. Has anyone have any experience of this with epilepsy and not fitting this descriptor anymore?

I'm not sure for the change in decision for conscious to unconscious as the same thing happens and following a seizure i am unable to change myself and will need help and often i wont know its happened until i come around. Surely this cant mean i'm more fitting for a work situation, just because it happened when i was unconscious?

Looking through the other points for the WRAG, i think i will score enough points. I initially applied for contribution based ESA and i was put into the support group and when the new rules came around for only 6 months on contribution ESA, this didnt affect me as i was in the support group.

So i,m looking through the form now and potentially with the change in support descriptor meaning i dont come under that, and because i've been on contribution based ESA longer than 6 months (as i was in the support group) i could go from receiving support group money to nothing as i wont even be able to claim JSA as i will be classed too ill to work.
Is that possible or would i be allowed to be on contribution based WRAG of the ESA for the 6 months if i'm dropped from the support group?

I have no idea what the criteria for claiming income related ESA is and because i've only been sent a reassessment form for ESA, if i get a decision back to say no support group but contributions based WRAG and then sorry no money because of the 6 month rule will i need to start a new claim form for income related ESA? and i'm not sure i will even be able to get that.

After everything i went through with PIP this just seems a battle i wont be able to get through.

any advice anyone?
thanks

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8 years 1 month ago - 8 years 1 month ago #154103 by Gordon
Replied by Gordon on topic ESA epilepsy support group?
cleocat

If you only met the SG criteria under the Continence Descriptor then I'm afraid I think you will struggle to do so now.

You should have a look at the Exceptional Circumstances Regulations which are explained in the Claim guides.

If you are moved to the WRAG;

If you have not spent any time previously in the WRAG during this claim then you will be entitled to 365 days of ESA(CB) payments (not six months), if you have then this period will be deducted from the 365 days. After this you can claim Income Related ESA which 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)

Being moved to ESA(IR) from ESA(CB) does not require a re-assessment of your health problems.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 1 month ago by Gordon.
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8 years 4 weeks ago #154976 by LadyP
Replied by LadyP on topic ESA epilepsy support group?
I too am in the support group for epilepsy and am in the process of being reassessed. Without being graphic, when does the incontinence occur? I have been told that I can often be incontinent after the seizure, rather than during. Whilst recovering, due to a combination of the seizure/rescue medication I am usually completely unaware of what is going on and certainly not able to get to a bathroom, however I am technically conscious. Don't know if that helps!
I'm still in receipt of DLA and am due to be transferred to PIP in the near future. If you don't mind sharing, I'd be interested to know how you application/appeal went.
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8 years 2 weeks ago #156102 by sam1982
Replied by sam1982 on topic ESA epilepsy support group?
Thanks for all your help Gordon.

I looked into reg 35 and went down that route of it being dangerous to my health by either being found fit to work or put into the WRAG group and having to attend interviews etc.

Ive read through the ESA guides on here and they are really detailed. I had forgotten how horrible that form is and they really helped.

Ive had a bit of trouble trying to get a new doctors note from my surgery, i requested it and then they lost my request and now im still waiting on it.

I just wanted to ask some advice, on the letter that came with the ESA reassessment form it said i needed to send the form to the address on the envelope by 12/4/16 which is tomorrow.

I called the number that is on the letter (it says 'if you need talk to us about anything in this letter please call...) and it was the dwp, i wanted to ask if i sent the form tomorrow (12th) using next day delivery as i was going to put my new doc note inside today would it be ok if the form is 1 day late? arriving the 13th and not the 12th.

The guy at dwp told me it had nothing to do with them (even though the letter says its the number to call about the form!) and he told me to contact the health assessment advisory service and give me a number. That number is no where to be found on that letter so phoning the dwp was the only way to get that number.

I then called the health assessment advisory service (is this maxius?) and explained and he told me i would not be able to send the form in late and even 1 day late would count as over.
Fair enough so i ask him, is it ok if i send the main form today next day delivery so it arrives tomorrow (12th) by 1pm and then i send my new doc note separate. He then tells me im late and over as it is and i need to contact dwp to make a new ESA claim! He said as the envelope is going to wolverhampton and they are based in cardiff by the time it is sorted it would have gone over the 12th deadline.

Is this right? the letter says to send to the address on enclosed envelope (wolverhampton) by the 12th. Ive now sent my form today next day delivery so it will arrive at the address on the envelope tomorrow the 12th. No where does it say on the health questionnaire letter that it needs clearing time between wolverhampton and cardiff to be included by the final date of 12/4/16

Im really worried now, i tried calling the dwp back after speaking with the cardiff health assessment centre but i couldnt get through and i was on hold for ages.

Is it right that i need to make a new claim for ESA and im late already and its the 11th where the letter says it needs to be in for the 12th?

I know i shouldnt have left it so late but i just thought i was giving myself the best chance by including everything together, im feeling really stupid and worried now!

As it stands i have proof that it was sent next day delivery today and it will arrive with them (wolverhampton) tomorrow 12th.

Anyone have any experience? i dread phoning the dwp as when i first spoke to them they said it had nothing to do with them and just passed me off. Is it worth contacting someone higher up in either dwp or maximus as 9/10 ive had bad experience over the phone with dwp.

thanks for anyone else.

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8 years 2 weeks ago #156110 by sam1982
Replied by sam1982 on topic ESA epilepsy support group?

LadyP wrote: I too am in the support group for epilepsy and am in the process of being reassessed. Without being graphic, when does the incontinence occur? I have been told that I can often be incontinent after the seizure, rather than during. Whilst recovering, due to a combination of the seizure/rescue medication I am usually completely unaware of what is going on and certainly not able to get to a bathroom, however I am technically conscious. Don't know if that helps!
I'm still in receipt of DLA and am due to be transferred to PIP in the near future. If you don't mind sharing, I'd be interested to know how you application/appeal went.


Hi, thanks for your message, im not sure for myself when the incontinent happens its only when i get up, like you say conscious that i realise. How are you able to prove for the ESA when it occurs if you dont mind me asking.
We still had to deal with getting changed and cleaning ourselves, the embarrassment everything afterwards while we are conscious so i think its bad that its been changed to just being while conscious. Ive also read a few people saying it happens after when they are conscious.

My appeal for PIP - (they initially awarded me just standard mobility) went to tribunal and it was a paper hearing as i just wasnt able to go through with a face to face tribunal. I was lucky and it was found in my favour and they awarded me standard for living and mobility.
It did go on for a while waiting to hear and i had a back payment just before christmas and i was so glad the whole thing was over but now ive been sent the reassessment form for ESA and having to go through the whole thing again. :(

Good luck for your reassessment, what point are you at?

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8 years 2 weeks ago - 8 years 2 weeks ago #156111 by Gordon
Replied by Gordon on topic ESA epilepsy support group?
Cleocat

What Maximus told you (yes it's the same) is complete rubbish.

As long as your form is returned to the required address in time you are covered, it's not your problem as to how long it takes to get from Wolverhampton to their offices, even if it is late, as long as it is returned, then you will not be asked to make a new claim it may just add time to the how long before your claim is progressed.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 8 years 2 weeks ago by Gordon.
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