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Lost and Bewidered

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12 years 3 months ago - 12 years 3 months ago #97664 by Alan
Lost and Bewidered was created by Alan
Has anyone had anything similar to my problem re: ESA?
I have physical and mental health problems, have been on IB since September 2005, and after a battle I won in 2007 I have received IIDB since.
My problems have got significantly worse since 2005.
I receive DLA at higher rate mobility and middle rate care. All of which I have seen DWP doctors over the last 12 months. The last DWP doctor I saw was in November 2012 for IIDB which resulted in his recommendation of increasing the level of injury from 40% to 45% because of my deteriorating health.
I also receive SDS from the local council because my health problems don’t allow me to do things around the house and quite often I am confined to bed.
I take 12 different types of medication, 38 tablets each and every day.
Apart from my mental health problems my DLA (mobility) was awarded because I cannot walk at all without pain and discomfort. I walk with 1 crutch as there is little feeling and no strength in my left arm and hand, which makes it impossible for me to use 2, or a manual wheelchair without assistance.
I received the questionnaire from the ESA in the summer and it was filled in by my Mental Health Support Worker, who comes to see me every week, because I couldn’t understand the questioning properly and am not able to write clearly.
Sent this back and received notice I was to be placed in WRAG. Without a medical. Totally confused by this my SW and I appealed and asked for re-consideration. Meanwhile I attended a meeting at the jobcentre with my “personal adviser”. She was shocked that I was in WRAG but told me that she was certain the reconsideration would place me in the Support Group where she, and my SW believed I belong.
I received notice back that they would not change their decision (again no medical) and gave me notice to appeal at a tribunal. As far as the decision maker and the nurse (yes nurse, not doctor) that looked at my case were concerned I would be fit for consideration for work within 18 months without ever seeing me!! DLA doctors and the doctor for the IIDB say I am getting worse, yet the DM and nurse for ESA do not bother looking at previous DWP decisions located on computer. Is this right??? How can they make these decisions without even seeing you?
I HAVE NEVER SEEN A DOCTOR, OR BEEN FOR A MEDICAL IN REGARDS TO ESA!!!
So, as it is, I have an appeal tribunal pending, for which he waiting time in my area is 16 weeks, and Saturday I received notice that my 365 day contribution based ESA is up on July 23rd and do I want to appeal!!
I’m at my wits end, and rather than my health getting better, which it never will, so that I can go back to work in 18 months, it’s getting much worse!!
Sorry it’s such a long-winded effort here, but I am new to the site and forum and I needed to give some background to see if there’s anyone else in the same ESA predicament, or anyone with advice.
Alan
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #97670 by Gordon
Replied by Gordon on topic Lost and Bewidered
Alan

Unfortunately, it appears to be quite common for IB claimants to have been transferred to the WRAG without a face to face assessment.

As you have already moved to the Appeal stage of the process, there is realy nothing you can do to shorten the process, and my best advice is for your to use the time to ensure that your case is the best it can be.

I notice you are a new member, so in addition to pointing you at our ESA Appeal guide I would recommend that you have a look at our ESA Claim guide, I appreciate your limitations may prevent you "re-writing" your ESA50 but it often helps to see whether you can present your case better than you already have. See

www.benefitsandwork.co.uk/help-for-claimants/esa

You should also consider whether there is any additional evidence you can provide, do you see your GP regularly, I am wondering if they can help with evidence to support in regard your phycial problems?

With regard the the time limit on your payments, this is not an appealable Decision, although the problem can be negated by your being placed in the Support Group by your current appeal.

At the end of the 365 days, your ESA(CB) payments will stop, however, if you are eligible for Income Related ESA, then it should be possible for you to be moved over, and this will allow payments to continue.

You might want to have a look at the following FAQs

Qualifying for the Support Group

Disability Rights UK Factsheet - Appeals and reconsiderations

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

If you have further question, then please reply to this topic.

Gordon

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

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12 years 3 months ago - 12 years 3 months ago #97677 by Alan
Replied by Alan on topic Lost and Bewidered
Thanks for getting back to me Gordon.

I have downloaded a lot of the links, and i will be going through them over the next couple of weeks.
My doctor, on the ESA report, states that i have difficulty moving, and also about "coping with changes or social engagments", but it would seem a nurse knows better!!

As far as the WFI are concerned i have no problem, my SW comes with me, i just wish to goodness they would line up a medical so they could see me!!

I spoke to someone at the JC+ this morning and they told me i would have to apply to go onto Income Related as they wouldn't just "move". If i had any hair on my head i would be pulling it out by now :(

I didn't know about this site, but i am so glad i found it, and all the advice that is here.
Many thanks
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago - 12 years 3 months ago #97684 by Gordon
Replied by Gordon on topic Lost and Bewidered

Alan wrote: Thanks for getting back to me Gordon.

I have downloaded a lot of the links, and i will be going through them over the next couple of weeks.
My doctor, on the ESA report, states that i have difficulty moving, and also about "coping with changes or social engagments", but it would seem a nurse knows better!!

As far as the WFI are concerned i have no problem, my SW comes with me, i just wish to goodness they would line up a medical so they could see me!!

I spoke to someone at the JC+ this morning and they told me i would have to apply to go onto Income Related as they wouldn't just "move". If i had any hair on my head i would be pulling it out by now :(

I didn't know about this site, but i am so glad i found it, and all the advice that is here.
Many thanks


I am afraid the devil is in the detail, so taking your GPs comments as posted, then these would not qualify you for the SG, infact they probably would not get you into the WRAG!

Any transfer onto ESA(IR) should be automatic, however, you will need to complete an ESA3 form detailing all of your income, assets and any hours your partner works.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 12 years 3 months ago by Gordon.

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12 years 3 months ago #97787 by Alan
Replied by Alan on topic Lost and Bewidered
I've only been a member since Sunday and i'm beginning to think this is the best £20 i have ever spent :)
The following user(s) said Thank You: Bearer

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12 years 3 months ago #97807 by peggy2
Replied by peggy2 on topic Lost and Bewidered
Alan

I am glad you have found the site, it is a excellent site with really good guides.
When you have time look at FAQ on the left hade side of the site under News and Forum and find information about contacting your local MP or ask your support worker to contact them on your behalf. I feel they should be involved with your case.
Best of luck Alan
;)
The following user(s) said Thank You: Alan

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