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ESA help required,totally confused
- rosiegirl
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11 years 10 months ago - 11 years 10 months ago #108319 by rosiegirl
ESA help required,totally confused was created by rosiegirl
please can you advise me on what this letter means in English please confused totally, my husband has been on incapacity benefit for last 15 years...I sent the form off for esa on behalf of my husband , he was not called for a medical or anything ,we received a letter today which I am unclear of.....
you are entitled to both contribution based and income related ESA ?
contribution based esa can be paid for a maximum of 356 days unless you are in support group ?
you have been placed in work related activity group ?
it says that my husband will have to go to interviews with a personal advisor - which we will find hard he finds it hard getting around the house never mind going out ,he spends most of his time indoors as its easier for him,if he has to go out to hospital appointments ect he really pays for it in pain and discomfort for days after
he is in severe pain constantly and all his doctors/specialists say there is no fix and they do not know the full outcome ..he sufferes with arthritis to his joints ,severe nerve damage to his legs and feet ,numbness, spasms, cramp..
he has 5 discs that are beyond repair in his spine , also he has degenerative bones in his ,spine , groin, hips ,he has the skeletal structure of a 90 year old he is 43 by the way
this has all been caused due to very aggressive treatment for a very rare form of cancer he had when he was 16...it spread throughout his bones and he was only given a 5% survival rate.. but he was given trial drugs and after 2.5 years of treatment he was given the all clear
the doctors/specialists he is under are not willing to operate as the bones are so weak so there is no fix all they can do is keep the medication right..he is on a cocktail of pills everyday just to keep the pain to a bearable limit, fentanyl, ketamine ,oramorph , pregaballin to name a few,he as been asked to go on methadone to which he is not keen...
not sure what we are supposed to do should we just agree to this or appeal ,I have not told my hubby yet as I know this will just cause more stress ...please help any advice on what to do will help
sorry for going on.....thanks in advance
you are entitled to both contribution based and income related ESA ?
contribution based esa can be paid for a maximum of 356 days unless you are in support group ?
you have been placed in work related activity group ?
it says that my husband will have to go to interviews with a personal advisor - which we will find hard he finds it hard getting around the house never mind going out ,he spends most of his time indoors as its easier for him,if he has to go out to hospital appointments ect he really pays for it in pain and discomfort for days after
he is in severe pain constantly and all his doctors/specialists say there is no fix and they do not know the full outcome ..he sufferes with arthritis to his joints ,severe nerve damage to his legs and feet ,numbness, spasms, cramp..
he has 5 discs that are beyond repair in his spine , also he has degenerative bones in his ,spine , groin, hips ,he has the skeletal structure of a 90 year old he is 43 by the way
this has all been caused due to very aggressive treatment for a very rare form of cancer he had when he was 16...it spread throughout his bones and he was only given a 5% survival rate.. but he was given trial drugs and after 2.5 years of treatment he was given the all clear
the doctors/specialists he is under are not willing to operate as the bones are so weak so there is no fix all they can do is keep the medication right..he is on a cocktail of pills everyday just to keep the pain to a bearable limit, fentanyl, ketamine ,oramorph , pregaballin to name a few,he as been asked to go on methadone to which he is not keen...
not sure what we are supposed to do should we just agree to this or appeal ,I have not told my hubby yet as I know this will just cause more stress ...please help any advice on what to do will help
sorry for going on.....thanks in advance
Last edit: 11 years 10 months ago by Gordon.
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11 years 10 months ago #108325 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic ESA help required,totally confused
rosiegirl
To try and explain the letter
"you are entitled to both contribution based and income related ESA"
This may not be accurate. If you husband was receiving IB with no other benefits then he will have been transferred to Contribution Based ESA alone, if he also received an Income Support top-up in addition to his IB then he will have bee transferred to ESA(CB) with an Income Related ESA top-up.
"contribution based esa can be paid for a maximum of 356 days unless you are in support group"
In 2012 the government changed the rules for receiving ESA(CB) and claimants will now only receiving payments for 365 days if they remain in the WRAG, the rule does not apply to any time spent in the Support Group or to ESA(IR). After the 365 days have elapsed, payments will stop unless the claimant is in the Support Group or they are also eligible for ESA(IR), which is subject to a means test of household income, assets and savings, and any hours that a partner works.
"you have been placed in work related activity group"
There are two groups for ESA, the Support Group and the Work Related Activity Group (WRAG), you husband has been placed in the latter. Members of the WRAG are expected to attend Work Focussed Interviews and to carry out Work Related Activity, they may also be forwarded to the Work Programme.
Work Focussed Interviews
Work Programme
It may be possible for WFIs to be held over the phone, and in principle they can be held in the claimants home although I know of only one claimant where this has happened.
If you believe your husband should be in the Support Group.
Qualifying for the Support Group
Then you can appeal
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
You should have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
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
If you have more questions, please reply to this post.
Gordon
To try and explain the letter
"you are entitled to both contribution based and income related ESA"
This may not be accurate. If you husband was receiving IB with no other benefits then he will have been transferred to Contribution Based ESA alone, if he also received an Income Support top-up in addition to his IB then he will have bee transferred to ESA(CB) with an Income Related ESA top-up.
"contribution based esa can be paid for a maximum of 356 days unless you are in support group"
In 2012 the government changed the rules for receiving ESA(CB) and claimants will now only receiving payments for 365 days if they remain in the WRAG, the rule does not apply to any time spent in the Support Group or to ESA(IR). After the 365 days have elapsed, payments will stop unless the claimant is in the Support Group or they are also eligible for ESA(IR), which is subject to a means test of household income, assets and savings, and any hours that a partner works.
"you have been placed in work related activity group"
There are two groups for ESA, the Support Group and the Work Related Activity Group (WRAG), you husband has been placed in the latter. Members of the WRAG are expected to attend Work Focussed Interviews and to carry out Work Related Activity, they may also be forwarded to the Work Programme.
Work Focussed Interviews
Work Programme
It may be possible for WFIs to be held over the phone, and in principle they can be held in the claimants home although I know of only one claimant where this has happened.
If you believe your husband should be in the Support Group.
Qualifying for the Support Group
Then you can appeal
Is there any risk to challenging a decision?
How long do I have to appeal?
How to submit an appeal
You should have a look at our ESA Appeal guide
www.benefitsandwork.co.uk/help-for-claimants/esa
and the following FAQs
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
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
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