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soozieqoos
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10 years 6 months ago - 10 years 6 months ago #112043 by soozieqoos

What to do? was created by soozieqoos

Good Evening
Firstly, my apologies if this comes across a bit muddled, I have M.E and confuse easily nowadays due to it.
I've been ill for approx 7 yrs with M.E, I never claimed ESA benefit for the first 5 yrs, however after the break up of marriage I had no choice. As I was in receipt of DLA,middle rate care and higher rate mobility, i was awarded ESA plus the disability premium.
After the 1st yr I was called in for a ATOS medical, I wasn't to worried, I just told the truth. Well silly ole' me!
Apparently I'm fit for work, if only

I have started an appeal as advised by a support forum. While waiting for a date, I've renewed DLA, only I got moved from middle rate care to lower, then I received a letter from DWP to inform me I've now been stopped the disability premium.
Because of this, I can no longer pay anyone to come and help me (my husband left me in a lot of debt, which I'm having to try and pay off)
The nature of my condition is that 2 days are never the same as to what I can manage to do, either through pain,fatigue,'flu' feelings or mostly a combination of all.
Now, I'm certainly not out to get anything more than I'm entitled to, but without the financial help that comes from the disability premiums, my health is going to deteriate as i cant manage on my own.
Is there anything I can do?
Please feel free to ask me any questions, i probably have missed some important stuff out, but even doing this much writing has wiped me out.
Thank you for reading
Sooz x

Last edit: 10 years 6 months ago by Gordon.

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10 years 6 months ago #112048 by Gordon

Replied by Gordon on topic What to do?

soozieqoos

Forgive me but I am a little confused by your payments, the Disability Premium is not payable with ESA, is there any possibility that you are confusing this with the WRAG rate which would not be paid while you appeal?

Where are you in the appeal process?

Have you appealed or asked for a Reconsideration?

When was the Decision that you were Fit for Work?

Gordon

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10 years 6 months ago #112054 by Gordon

Replied by Gordon on topic What to do?

soozieqoos

As you have not posted any further information, I will try and fill in the gaps as I can.

If you have not already done so you need to lodge an appeal against the Fit for Work Decision on your ESA, if you have only asked for a Reconsideration, then you will not be paid the ESA Assessment rate while you wait for the Decision to be revised, only an appeal allows this.

Have a look at our ESA Appeal guide

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

and the following FAQs

How long do I have to appeal?

How to submit an appeal

ESA medical – what forms to ask for?

Qualifying for the WRAG

Disability Rights UK Factsheet - Appeals and reconsiderations

Preparing for a Tribunal

MOJ Video of ESA Appeals Process and Tribunal

With regard your DLA, the question to ask yourself first, is has your care needs reduced since you previously claimed, if not, then it is possible that the reduction in care is the result of the ESA assessment. You should have received a Statement of Reasons as a result of the new Decision, does this indicate that the ESA medial report was used?

Although you can appeal just the Care component, you need to be aware that the DWP can expand the scope to include your Mobility award

Is there any risk to challenging a decision?

In addition to the links I have already posted, have a look at the following which are specific to DLA

Our DLA Appeal guide

www.benefitsandwork.co.uk/help-for-claimants/dla/#dlaappeals

DLA Medical – What forms to ask for?

If you can, try and get face to face advice

Where to get advice?

Gordon

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soozieqoos
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10 years 6 months ago - 10 years 6 months ago #112078 by soozieqoos

Replied by soozieqoos on topic What to do?

Hi and Thank you for your reply, I'm sorry for confusion, I am appealing, I did ask for reconsideration, but has gone to appeal.
The ESA benefit was in support group and I have been getting extra because of disability, I thought this was called the disability premium, I am receiving EESA at present, but the 'premium' part will stop at end of month when my DLA rate changes.

I will read through the links you have kindly added.

Sooz

Last edit: 10 years 6 months ago by Gordon.

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10 years 6 months ago #112082 by Gordon

Replied by Gordon on topic What to do?

soozieqoos

Thank you for providing some additional information.

While you were in the Support Group you would have received the Enhanced Disability Premium, whilst this can be payable due to your receiving DLA HRC, in your case this would have been payable because of your SG status, when you were found Fit for Work you would obviously lose this premium.

You may also have been eligible for the Severe Disability Premium, this is paid to a claimant who receives DLA MRC or HRC, lives alone and nobody claims Carers Allowance for them. If you were receiving this then your DLA claim being reduced to LRC would result in the SDP being stopped.

There is also a Disability Premium which is payable with JSA and Income Support, but not ESA.

If it is the SDP that has ceased then the only way to get it re-instated is to challenge your latest DLA award, if you are successful, your SDP will be backdated to the date it was removed and you will receive back payments for the missed money, however, there is no interim payment that can be made to cover it's absence.

Gordon

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

The following user(s) said Thank You: soozieqoos

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