IB then had medical told not enough points for ESA

I’ve been on IB for 14 years with back and hip, knee problem and told years ago to no longer send in doctors sick notes as my condition was not going to get better.

Got the older type of ESA form filled in it, then got sent for a medical and today got a phone call telling me I haven’t got enough points to claim ESA but I tried your ESA guide and I got 20 points on that. The woman told me to apply for JS.

My problem would be not sure what job I could do due to my mobility restrictions what she said next to me that I wouldn’t have to give my car back which I have on mobility as I got full mobility part 10 years ago and it said for life, but the other issue is that im a full time carer of my wife who gets full mobility and full care of DLA.

My wife is in tears, as money is already tight as we are renting from the local council our home 2 bedroom house but we were informed that we had an extra bedroom so we would have to pay extra for that and it would reduce any housing benefit that we would get. We have sent in a doctors letter stating that I cant sleep in the same bed with my wife due to they way she lies to help relieve pain and I turn her 3 times in the night and was informed as we were husband and wife that didn’t count even being her carer, But if I had another carer who stayed over and looked after her then that would cancel out the bedroom tax … its true the worst people hit
are the ones with disability

Where do i go now .... what should i do next any help would be great thanks Ant

williams wrote: I’ve been on IB for 14 years with back and hip, knee problem and told years ago to no longer send in doctors sick notes as my condition was not going to get better.

Got the older type of ESA form filled in it, then got sent for a medical and today got a phone call telling me I haven’t got enough points to claim ESA but I tried your ESA guide and I got 20 points on that. The woman told me to apply for JS.

My problem would be not sure what job I could do due to my mobility restrictions what she said next to me that I wouldn’t have to give my car back which I have on mobility as I got full mobility part 10 years ago and it said for life, but the other issue is that im a full time carer of my wife who gets full mobility and full care of DLA.

My wife is in tears, as money is already tight as we are renting from the local council our home 2 bedroom house but we were informed that we had an extra bedroom so we would have to pay extra for that and it would reduce any housing benefit that we would get. We have sent in a doctors letter stating that I cant sleep in the same bed with my wife due to they way she lies to help relieve pain and I turn her 3 times in the night and was informed as we were husband and wife that didn’t count even being her carer, But if I had another carer who stayed over and looked after her then that would cancel out the bedroom tax … its true the worst people hit
are the ones with disability

Where do i go now .... what should i do next any help would be great thanks Ant

Hi w,

Welcome to Benefits and Work

You can appeal the fit for work decision by downloading the GL24 Appeals Form from link on this page :

How to submit an appeal

You only need to print off from around page 20 onwards.

You must return this form to The DWP within one month from the date of The Decision Notice letter that you should receive informing you of the fit for work decision.

If you wish to receive The Assessment Rate of ESA whilst appealing, you must also obtain a MED 3 fit note from your G.P. to cover you from the date that your benefits ceases.

You should include the MED 3 with the GL24, and keep copies of both.

Do I need to provide a Fit Note?

Sending Documents to the DWP or ATOS

See also :

How long do I have to appeal?

Do I have to attend WFIs while I appeal?

What will I be paid while I appeal?

From our : Appeals FAQ’s

As you had a face to face assessment, you may also wish to request The ESA85 Medical Report compiled by The ATOS HCP at the face to face, there will also be an LT54.

This can be done over the phone, but you may wish to back this up in writing using a SAR, See :

SAR :

www.dwp.gov.uk/docs/request-for-personal-information.rtf

From this page :

www.dwp.gov.uk/privacy-policy/data-protection/

&

ESA medical – what forms to ask for?

ESA Forms

Also worth a read :

Qualifying for the WRAG

Qualifying for the Support Group

From our : ESA FAQ’s

I don't know whether you used our ESA Claims Guides when filling in your ESA50 03/11, but if you didn't it may be worth while viewing them. They are under the heading of :

"'Old' ESA50 form, decision on or after 28 Jan 2013"

On this page :

ESA Claims Guides

There is also an ESA Appeals Guide on the same page.

You may also find this document helpful :

Disability Rights UK Factsheet - Appeals and reconsiderations

I can't really comment on The Bedroom Tax issue, but you may wish to keep an eye on the outcome of this :

wearespartacus.org.uk/

I know this seems a lot to take in, but you now have most of the information that you need to be going on with.

You may wish to bookmark/favorite this page for ease of future reference.

You can return and reply to this topic, if you have any queries that may crop up.

bro58