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ESA 0points - what happens now?

  • Judith
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11 years 1 month ago - 11 years 1 month ago #101270 by Judith
ESA 0points - what happens now? was created by Judith
Earlier today I had a phone message from a lady at DWP saying she would now send a letter so I spent 1 hour repeatedly ringing the number she had phoned from then 30 minutes ringing the office which had sent my last details - Walsall Benefit Centre.
The woman I spoke to accessed my file and told me I had been allocated no points and that I would lose my benefit. I have been on IB since 1997 and I am 61 in June so will get retirement pension next September. I am so devastated - I did not find this site until after I had sent my form in but I had explained everything and looking through some of your information how points are awarded I cannot believe that I have no points. I have had 4 medicals with doctors during my years of IB and never had any problems.
I lost my job with the NHS following 12 months sick following a lower back injury. However I also have very high blood pressure (on many meds), Diabetes, IBS (including incontinence!) and more recently sleep apnea.
I have also fleetingly looked through some of the documents on here where it mentions getting a sick note - I havent had a sick note since January 1997.
The most annoying fact is that if I had been born in March 1952 instead of June I would not have been chased up at all :(
I cannot afford to lose this benefit but at present I do not feel that I have the strength and energy to challenge their decision. It took me 4 years to chase the NHS about giving me ill-health retirement (which is very small) but I was younger then and am so dispirited with my health as it is......
I need advice and encouragement please. :(
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago - 11 years 1 month ago #101275 by Gordon
Replied by Gordon on topic ESA 0points - what happens now?
Judith

I am sorry to hear you have failed to be transferred.

If you decide not to, or feel unable to, challenge the Decision then your options are somewhat limited.

You can make a new claim for ESA, but you will not qualify for Contribution Based ESA as you will have no NI Contributions is the required years due to your previously having been on IB, however, you can claim Income Related ESA, providing you are able to meet the means test of income, savings and assets and hours worked by a partner, see

24 hour work rule for ESA(IR)

Asset rule for ESA(IR)

You will need a Fit Note (used to be a sick note) from your GP certifying that you are unfit for work, you can apply over the phone or you can download the ESA1 application form, see the following for a link

ESA Forms

Alternatively, and I state this for completeness, you can apply for JSA. You will not be eligible for JSA(CB) for the same reasons as ESA(CB), but you may be eligible for JSA(IR), again subject to a means test.

You may be eligible for DLA, if you can show that you have care and/or mobility needs.

If you decide to challenge the Decision then you need to lodge an Appeal (not a Reconsideration), which will entitle you to the ESA Assessment rate for a year or until a new Decision is made. You will need to provide a Fit Notes, covering you from when your claim was denied, until a new Decision is made.

Our ESA Appeal guide is on the following.

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

and you should have a look at the following

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

12 Month Limit for ESA(CB)

Do I have to attend WFIs while I appeal?

If you have more questions, please reply to this post.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 11 years 1 month ago by Gordon.
The following user(s) said Thank You: cemac, Judith

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  • bro58
11 years 1 month ago #101276 by bro58
Replied by bro58 on topic ESA 0points - what happens now?
Good advice Gordon.

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bro58

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  • Judith
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11 years 1 month ago - 11 years 1 month ago #101277 by Judith
Replied by Judith on topic ESA 0points - what happens now?
Hi Gordon

Seems like I have no choice but to appeal. However, it was my understanding that whilst on SSP/IB my insurance contributions were made so have the government changed that a well?? My hubby is 65 this year and we cannot manage without my benefits - the more stress that I receive the worse my health get and now after 16 years am being told I am fit to work and I know I am not.

I would appreciate any encouragement from members to have been where I am. Thank you.
Last edit: 11 years 1 month ago by Gordon.

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11 years 1 month ago #101278 by Gordon
Replied by Gordon on topic ESA 0points - what happens now?
thanks :)

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

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  • Judith
  • Topic Author
11 years 1 month ago #101279 by Judith
Replied by Judith on topic ESA 0points - what happens now?
Sorry Gordon think I missed a bit (not surprising really).
You say that if I appeal I will be given an allowance whilst a new decision is being made and I will need sick note from my gp in order to get this - have I got this right?
Thank you Gordon and others :)

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