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  • FIRST POST
    • fumin37
    • By fumin37 7th Oct 17, 6:09 PM
    • 55Posts
    • 11Thanks
    fumin37
    Esa hell ..desperate for feedback and advice anyone please :-)
    • #1
    • 7th Oct 17, 6:09 PM
    Esa hell ..desperate for feedback and advice anyone please :-) 7th Oct 17 at 6:09 PM
    Hi ...i have posted this on anothe forum but not getting the advice im looking for due to it being the weekend ..someone kindly gave me tbe link for here ..so here goes!
    I applied for ESA last year in November 2016 due to severersl conditions that i could no longer manage to work through anymore
    and went to the medical some time later which of course i failed.
    Iwent for a MR straight away ,failed and took it to tribunal.
    i claimed ESA at the assesemnt rate during this time.
    I then unbelievably missed two tribunals around march time due to a mix up and confusion with dates they had given me and my annoying cognative issues.
    i finally got to tribunal in May 2017 where they immedistely stated they woukd not be able to take my new evidence (of new conditions) into account as my claim was made in November.
    i basically failed on the spot because of this.
    i contacted ESA immediately while at the CAB and the man i spoke to said it was wrong of the tribunal to refuse my evidence and to re apply gor ESA again on the grounds of my new and worsening conditions .I semt in a fit note that day backing this up and was told to sign on jsa in the interim.
    I was then told by jsa before i had even had a payment that i had been put straight back onto ESA based on my fit note.I had not at this point even sent off new claim forms.
    I then remained on ESA untill my WCA last month.
    I then failed that too but with 6 points as apposed to 0.
    I asked for a MR and sent in more harder evidence including a letter from my doctor and the decision was overturned.
    I have now after a year of absaloute stress and turmoil been placed into the WRAG group.
    but my initial relief has turned to anxiety when i realised my "new claim"was made literally a few weeks after the cuts came in and i will now still be struggling just as much as i have been on the lowest rate of ESA and i imagine NO back pay .

    I do not know this for sure as i still have no award letter but this is how im guessing its going to be ?
    Unless the dwp back dates to my original claim back in Novemember last year due to my worsening and new conditions.I am still VERY confused by all of this and the idea of having to continue to live at subsistance level while being unwell and trying to support a family fills me with dread And my benefits have been all over the place due to being forced to claim jsa for a week.weve been to the food bank 3 times in the last few weeks..
    i realise this is a bit of a long post but any advice would be so gladly appreciated !so many thsnks in advance if anyone has the energy to read through it and give me some feed back !:-)
Page 3
    • Cheeky_Monkey
    • By Cheeky_Monkey 8th Oct 17, 11:06 AM
    • 1,343 Posts
    • 2,600 Thanks
    Cheeky_Monkey
    No its not cheeky monkey .
    Originally posted by fumin37
    Why don't you get housing benefit then?
    I used to be indecisive - now I'm not so sure
    • fumin37
    • By fumin37 8th Oct 17, 11:09 AM
    • 55 Posts
    • 11 Thanks
    fumin37
    I dont recall saying i didnt .
    what is the reason you asked ?
    • pmlindyloo
    • By pmlindyloo 8th Oct 17, 11:17 AM
    • 10,742 Posts
    • 12,624 Thanks
    pmlindyloo
    I see that you have applied for PIP so that is a good start.

    Although I respect your daughter's decision not to claim benefits I think that in your situation you are going to have to maximise your income in any way that you can. Hard decisions are going to have to be made and some pride swallowed.

    First thing to do is (another) trip to CAB where they can check that you have all the benefits that you are entitled to. I am sure they will suggest PIP for your daughter, if appropriate, and if awarded that she could claim ESA whilst at university although any student loans may be taken into account.

    If your daughter was awarded daily living PIP then you could claim Carer's Allowance for her.

    Are you in privately rented accommodation and claiming Housing Benefit? Is your rent covered by HB or do you have to make a 'top up?'

    CAB should be able to check that you are on the cheapest tariffs for your utilities and help deal with any debts.

    Can your 17 year old get a part time job?

    In simple terms you have to maximise your income and minimise your expenditure.

    There may be other help that I haven't covered.

    All of you have to accept that this is a time when you need help and should not feel guilty about accepting it. On the other side of the coin both your children need to do their bit - either by claiming benefits or doing some part time work.

    I don't know what your and your daughter's particular disabilities are but is there any work that you both could do which would fit around them? Sometimes you have to 'think outside the box'.

    I am honestly not trying to minimise your problems but in your circumstances it seems that you have no alternative but to accept help wherever that comes from.
    • Cheeky_Monkey
    • By Cheeky_Monkey 8th Oct 17, 11:28 AM
    • 1,343 Posts
    • 2,600 Thanks
    Cheeky_Monkey
    I dont recall saying i didnt .
    what is the reason you asked ?
    Originally posted by fumin37
    Because you put 'housing benefit N/A' which means Not Applicable
    I used to be indecisive - now I'm not so sure
    • fumin37
    • By fumin37 8th Oct 17, 11:29 AM
    • 55 Posts
    • 11 Thanks
    fumin37
    I see that you have applied for PIP so that is a good start.

    Although I respect your daughter's decision not to claim benefits I think that in your situation you are going to have to maximise your income in any way that you can. Hard decisions are going to have to be made and some pride swallowed.

    First thing to do is (another) trip to CAB where they can check that you have all the benefits that you are entitled to. I am sure they will suggest PIP for your daughter, if appropriate, and if awarded that she could claim ESA whilst at university although any student loans may be taken into account.

    If your daughter was awarded daily living PIP then you could claim Carer's Allowance for her.

    Are you in privately rented accommodation and claiming Housing Benefit? Is your rent covered by HB or do you have to make a 'top up?'

    CAB should be able to check that you are on the cheapest tariffs for your utilities and help deal with any debts.

    Can your 17 year old get a part time job?

    In simple terms you have to maximise your income and minimise your expenditure.

    There may be other help that I haven't covered.

    All of you have to accept that this is a time when you need help and should not feel guilty about accepting it. On the other side of the coin both your children need to do their bit - either by claiming benefits or doing some part time work.

    I don't know what your and your daughter's particular disabilities are but is there any work that you both could do which would fit around them? Sometimes you have to 'think outside the box'.

    I am honestly not trying to minimise your problems but in your circumstances it seems that you have no alternative but to accept help wherever that comes from.
    Originally posted by pmlindyloo
    No i appreciate your reply and advice, and as you point there is a huge element of guilt involved .
    Not helped by many peoples judgemental attitudes about what you may or may not "deserve"
    yes the CAB and others have suggested my daughter claim.But after seing what ive been going through she feels totally put off by the whole harrowing process and i do not blame her one bit.
    The conditions we share are not very well known about or well understood so that complicates things further.
    However i do think you are right and we may need to go back to the drawing board on this.
    • fumin37
    • By fumin37 8th Oct 17, 11:31 AM
    • 55 Posts
    • 11 Thanks
    fumin37
    Because you put 'housing benefit N/A' which means Not Applicable
    Originally posted by Cheeky_Monkey
    Yes i know what N/A means .
    • Alice Holt
    • By Alice Holt 8th Oct 17, 12:04 PM
    • 1,471 Posts
    • 1,570 Thanks
    Alice Holt
    No i appreciate your reply and advice......
    However i do think you are right and we may need to go back to the drawing board on this.
    Originally posted by fumin37
    I, too, would completely agree with with pmlindyloo.
    She has given excellent and very knowledgeable guidance.

    Please don't be put off by any judgemental responses on here, you need to do what is best for you and your daughter.

    Your CAB may be able to help with your daughters PIP form.

    If PIP is awarded then In addition to ESA, she may be able to claim Housing Benefit as a student.
    This could be a good resource for her:
    https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline

    Best wishes.
    • fumin37
    • By fumin37 8th Oct 17, 12:25 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    QUOTE]Thanks so much Alice for your reply.
    She did start a pip app but felt defeated by it due to knowiing what the process would entail ei : feeling disbelieved etc ..niether us feel very good the majority if the time so its difficult trying to help each other through these things especialy when there is so much adversity .We both often struggle to get through the days without feeling exhsusted sometimes so i totally get it ..
    But you are right.I do think she should look into things and maybe get some help from the CAB .
    And yes all good advice is much appreciated after all its what i came here for .
    • Cheeky_Monkey
    • By Cheeky_Monkey 8th Oct 17, 12:54 PM
    • 1,343 Posts
    • 2,600 Thanks
    Cheeky_Monkey
    Yes i know what N/A means .
    Originally posted by fumin37
    Glad to hear it. In which case, you did say that you don't get housing benefit so not sure why you are querying my question as to why you don't get it.

    I only know of two reasons why people can't get housing benefit. One is owning their own home and two is having savings above the limit. I'm not aware of what else would be a disqualification but happy to be enlightened.
    I used to be indecisive - now I'm not so sure
    • fumin37
    • By fumin37 8th Oct 17, 2:18 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    Hi cheeky monkey As far as i recall i never once said "i didnt"get housing benefit im sure i simply said it was non applicable?But i may be wrong .
    weather or not i recieve housing benefit is irrelevent to my original post where i have a query about my being put on the lowest rate of ESA dispite being on it for well over a year with continual sick notes provided.Im sure this has absloutely nothing to do with housing benefit ?
    I have zero savings.If i did i wouldnt be on a forum discussing my current financial hardship .
    I have no disqualifications for any reason.
    i realise my original post probably seemed a bit confusing as my situation IS very confusing due to the DWP messing me around for such a long time.When you are unwell.It is very hard to take in times ,dates,and other data when one is being bombarded by paperwork appointments and phone calls for months on end.
    Im sure you understand that .
    • epitome
    • By epitome 8th Oct 17, 2:27 PM
    • 2,862 Posts
    • 1,775 Thanks
    epitome
    By the way,

    It appears you have been very lucky to get JSA processed as a valid claim (whenever you have claimed it). That is because JSA is not allowed to be processed unless the claimant has said
    • I am available for work
    • I am looking for work
    The claimant has to have a WFI to confirm their willingness to look for work before the JSA claim can be processed.

    The Jobcentre is not allowed to put a JSA claimant on EPS until after their first payment of JSA. If a claimant shows up at their WFI and is indicating that they are unable to look for work due to illness, -according to procedure-, the JSA cannot be awarded.


    Anyway.....
    All claim dates for JSA and ESA since Nov 16 - start and finish dates.
    And then ask them for any gaps in the payment history from November 2016 onwards.

    I would expect the gaps to occur between your different claims. I would also expect your ESA payments to have continued beyond your first ESA end date.

    So you might have claim dates:
    ESA 12/11/16 - 25/04/17
    JSA 15/05/17 - 15/06/17
    ESA 16/06/17 - Live

    And payment dates
    12/11/16 - 14/05/17
    15/05/17 - 15/06/17
    16/06/17 - ongoing

    So this example would be "gaps between claims" but "no gaps in payment"
    • fumin37
    • By fumin37 8th Oct 17, 2:43 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    Thanks very much epitome .
    I am going to call tommorow definitely .
    It was always the tribunal service and ESA that told me to claim JSA after every failed exam or tribunal.
    i would have to make a claim over the phone to JSA and then go in for an appointment to sign on .There they would place me immediatley into the 13 week rule of being able to claim if you are sick. absaloutely no questions about it The job centre were always aware of my fit notes .I have been signed off work continously for a year and a half.the first few of those months i was still claiming working tax credits where you are allowed 5 months illness.
    Obviously i was hoping to go back to work and continue on tax credits but i neber got better from my original illness and aquired new ones too hence applying fir ESA .
    Unfortunately i never got any help with any of it and have been trying to do it on my own up untill recently so that wont have helped.
    very much appreciate your feedback and i will get those dates first thing.
    • fumin37
    • By fumin37 8th Oct 17, 3:03 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    By the way ..i only ever had to sign on once at the beginning of each JCA claim.
    And wasnt expected to go in again or take part in any work related task.
    on the two occasions i was on JSA i would be placed straight back onto ESA.
    i have had a year of in my emotional life PTSD is an issue aswell as other issues ive endured that have been massively overwhealming hence being unable to deal with all this very clearly.
    Frankly i have been treated pretty shabbily.
    • fumin37
    • By fumin37 9th Oct 17, 6:12 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    Just thought ide say my CAB advisor got on the phone to ESA after i tried them this morning and got no joy, and apparantly(i am taking it as apparantly at the moment ) i am going to be backdated the difference from june and so i guess they are taking my first claim(before the cuts in april) into account after all.I am due a payment on wednesday.
    massive thanks to everyone who helped me with advice on here over the weekend ..it was very much appreciated.
    • kelpie35
    • By kelpie35 9th Oct 17, 6:21 PM
    • 1,497 Posts
    • 4,710 Thanks
    kelpie35
    Pleased to hear you are getting somewhere with your claim.

    Hope when you get it all sorted out that you are able to start putting by a small amount as an emergency fund.

    Hopefully all this news will help to improve your health too.

    Take care
    • fumin37
    • By fumin37 9th Oct 17, 7:23 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    Thankyou thats very kind :-)
    • epitome
    • By epitome 9th Oct 17, 8:49 PM
    • 2,862 Posts
    • 1,775 Thanks
    epitome
    Just thought ide say my CAB advisor got on the phone to ESA after i tried them this morning and got no joy, and apparantly(i am taking it as apparantly at the moment ) i am going to be backdated the difference from june and so i guess they are taking my first claim(before the cuts in april) into account after all.I am due a payment on wednesday.
    Originally posted by fumin37
    They can't take your first claim into account, you lost the appeal.

    If they are backdating to June, that means the claim they are paying out on started around March 2017,,,which fits what I said you must have done... instead of being paid on appeal you must have made a new claim around March. Which is why you were not allowed onto JSA when you lost your appeal, because you already had a live claim to ESA.

    I can still potentially help you get a little more money, and this could help with any Housing Benefit gaps you have...But I need to know all the claim dates, and all the periods you did not get paid for.
    • fumin37
    • By fumin37 9th Oct 17, 10:39 PM
    • 55 Posts
    • 11 Thanks
    fumin37
    Hi epitome its very strange .they said my money will be backdated to 12th june .as i made a new claim then based on my new and worsening conditions.
    ive just listened to the recorded call .
    but she still makes no sense at all im afraid lol
    • fumin37
    • By fumin37 10th Oct 17, 12:16 AM
    • 55 Posts
    • 11 Thanks
    fumin37
    This is the conversation my representative at the CAB had with the woman at ESA this morning .Maybe it will make sense as to why im so confused.

    "She was put Onto ESA on the 18th of June 2016 to the 11th of June 2017 and then she had no LCW and I don't know why ,but they said
    she wasn't entitled to it anymore. So she must have put in a mandatory recon, I can't see any notes but she must have, because it then says the appeal was refused because she didn't attend twice she was given a hearing twice and she didn't go, so the claim was finished and closed and that finished with.

    (This isnt the case as i then was given a third appeal as it was accepted by the dwp that it was due to my conditions and general confusion over dates that i didnt attend the other two, and remained on ESA the entire time untill i was told by the appeal panel that my new evidence would not be accepted by them because they had to go by evidence given on my first claim made in November???)

    "She then put in for a, oh she phoned up or whatever, and then her claim was allowed because it was a worsening condition but it was a new claim, and this was from the 12th 2017 to the 18th of September and again she didn't have any LCW.
    (My worker then ask her what do you mean by that?)
    Well she wasn't allowed ,she didn't pass the medical ,you know she was found fit for work so then she put in for a mandatory recon which wasn't changed, and then it went to the appeal status and the appeal but in the meantime she had to claim Jobseeker's ,so she had to claim job seekers from the 19th of September to the 27th of September because you're not allowed two claims so she was put on Jobseeker's for that. The appeal has now been allowed but it only goes from the 12th of June right? So she's been put in the work related activity group from the 11th of September 2017 and let me just check? She's been given 12 months from, she's been given 12 months and that will be from when the appeal was heard which was what did they do? 3rd of October so she's been given 12 months work related activity and any money that's due will be backdated you know, so she's been given 12 months work related activity group from the 11th of September and we will get everything there for her on Wednesday.
    (My worker then asks roughly what the back pay will be?)
    Well it's about £29 a week extra and it's from the 11th of September so you looking at one two three four weeks about £120 you know that's just a rough idea until I look into it because of the JSA time exceeded that then it will be taken off obviously.
    • pipkin71
    • By pipkin71 10th Oct 17, 10:09 AM
    • 18,888 Posts
    • 82,923 Thanks
    pipkin71
    Just out of interest, was the woman aware she was being recorded?
    There is something delicious about writing the first words of a story. You never quite know where they'll take you - Beatrix Potter
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