My Nightmare ESA - Does the left know what the right is doing
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I had steam coming out of my ears, the left doesn't know what the right is doing, been given wrong infomation. I had to edit the post as it was unlegible.
I was on IS with disability premium, I joke with my doctor that its quicker to ask what is right than what wrong. I'm on HRM and LRC
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My Saga.
May 2011 - Advised by lone parent advisor that in the near future would be transferred to ESA, but be notified at the time.
Sept 2011 - Given a weeks notice that my IS was stopping, and I either applied for ESA or JSA. Spoke to my lone parent advisor, who started the ball rolling for ESA - she did a "next steps" instruction sheet - advised to get sick note.
Sept 2011 - Got 3 month "fit note". I had the assesment rate of ESA £65 + £33 disability premium,
Nov 2011 - Recieved ESA50 - filled in and returned.
Dec 2011 - Had letter from ESA saying as my "fit note expired end of Dec", my money was on assessment rate £65 pw.
Dec 2011 - Saw my GP, he issued a 6 month fit note, rang ESA to say that their was a 6 month note coming (allow for xmas posting) and they would have a not on file. TOld due to the fitnote, I would not recieve the drop in money.
Also told that I had been put into the WRAG - Income related. I asked as I was due to go to the dentist, and didn't want to obtain treatment illegally.
Jan 2011 - Money drops, rang ESA - administrative error, there look into it.
Feb 2011 - No news, I didn't ring back, as I been poorly, had my daughter ill and a lot of personal issues, where some days getting out of bed has been like a military planned operation.
Wed (end of Feb) - Rang to ask about my cold weather payment, as there had been 2 triggers in my area, I had previously recived it whilst on IS+ premium. I'm at home 24/7 need heating.
I was told yesterday there had been a catalogue of errors with my claim-
1st - the lone parent advisor should not have told me to get a fit note (the next steps sheet I sent in with the fit note, not been down this line, so have no idea as to what is what).
2nd - They don't count the 13 week changeover period as ESA, therefore Sept to Dec, basically didn't exist.
3rd - The fit note in Sept they ignored, and therefore the 6 month one issued in Dec, they are only prepared to accept the first 3 months of the fit note. If my GP didn't think I was sick he wouldn't issued one.
4th - Although I am on Income related ESA, not in work group still on assesment rate, therefore not entitled to the cold weather payment. If I had have been put into a group I would have been.
5th - I was wrongly told by my lone parent advisor, that if I achived the ESA group, that the difference between the money paid for the group and assesment rate, will be back dated till the initial claim of ESA, no its 13 weeks.
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These are people who are suppose to know their job, I have a medical next week, which hopefully may get somewhere.
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I managed to see another GP in the pratice today, as health issues, I feel like a reserved chair at the moment, and she has given me a fit note for 3 months, she turned round and said you need longer than 3 months, but if there going to do this to you, I'll do 3 months, I'll be monitiring you regulary at the moment.
-Yet there is people that abuse the system, fall in muck and coming up smelling of roses.
--xx rip dad... we had our ups and downs but we’re always be family xx0 -
I am so sorry mum2one
I thought there was a protection period for transfers? In other words you are not meant to loose any money during the transfer? Or was you not claiming IB or SDA? As a lone parent, from different articles I have read, you are entitled to stay on IS.Some claimants entitled to an existing award of IS on the grounds of disability may also be entitled to IS on other grounds, for example because they are a lone parent or a carer. These claimants may choose to stay on IS without the DP even if their existing award qualifies for conversion to ESA. Claimants whose existing award does not qualify for conversion may also remain on IS without the DP. See DMG 45525 and DMG 45555 for further guidance.
However you may loose the disability premium if you do. http://www.dwp.gov.uk/docs/dmgch45.pdf. (page 26)
EDITED TO ADD: actually, reading further, it looks like you are allowed to stay on IS and keep the DP (IF you get DLA)Sue is entitled to IS on the grounds that she is a lone parent and is incapable of work. She also receives the lowest rate of the care component of DLA. After application of the WCA, the DM decides that her existing award qualifies for conversion to ESA. Sue notifies during the telephone call made to explain the conversion decision that she would prefer to stay on IS. The DM does not convert the IS award to ESA, and Sue’s entitlement to DP is also left in place as long as she remains entitled to DLA.
http://www.dwp.gov.uk/docs/dmgch45.pdf. (page 50)
Personally, if I was you, as the desicion has not been made yet, I would ring the BEL and ask them the above. You *may* be able to stay on IS, terminate the ESA award ( although not sure about backpay, technically you should get it but idk)
Things may have changed as it is hard to keep up but deff give the BEL for disabled people a ring up. They will inform you correctly. http://www.direct.gov.uk/en/Dl1/Directories/DG_10011165“How people treat you becomes their karma; how you react becomes yours.”0 -
Had the ATOS medical 2day, I tried looking at the link, it just confused me, so the plan is def ring tomorrow as last few days I've just been in an absolute state regarding this assesment.
I ended up taking my dad in with me, I was so nervous, and I struggled to get about, they don't make it easy! xxxx rip dad... we had our ups and downs but we’re always be family xx0 -
They probably don't make it easy on purpose. Atos provided me a taxi to my assessment on Friday, I asked for a people carrier type car as this is so much easier and less painful for me to get in (I'm on a waiting list for a hip replacement I have severe osteoarthritis). A normal car turned up the taxi driver knew nothing about a people carrier and it was agony getting in it as it's so low on the floor. I'm thinking of writing a complaint as they have caused me extreme pain.0
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Cpt.Scarlet wrote: »What was passed last night was the ability to change the appeal process, currently you can Appeal (which includes a Reconsideration) or ask for a Reconsideration in its own right, the change will mean that you have to ask for a Reconsideration and if the decision is not changed you can then appeal.
The issue is that you are not eligible for the Assessment rate during a Reconsideration whereas you are when you appeal. This has always been the case, but may not have been applied diligently by thw DWP.
And there is seemingly no time limit on how long the DWP will keep you in the 'Reconsideration Period'.
For all intents and purposes, they may wish to hold over passing the case up for appeal for maybe 8/10 weeks. In that time no benefit will be paid.
You will be left with either to apply for a Crisis Loan or more than likely claim JSA which could be problematic as you would have to confirm that you are fit to carry out work for at least 16 hours a week. A bit difficult then to prove that you are too ill to work whilst they are carrying out the reconsideration!0 -
Had the ATOS medical 2day, I tried looking at the link, it just confused me, so the plan is def ring tomorrow as last few days I've just been in an absolute state regarding this assesment.
I ended up taking my dad in with me, I was so nervous, and I struggled to get about, they don't make it easy! xx
Might be worth calling the DWP next week and asking for copy of the medical report from the ATOS assessment.. it's the ESA85. It can at very least give forewarning of what decision may be taken weeks later."Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack0 -
I've posted the next 3 month sick note off today, - but will ring on Friday and ask for the ESA85 form, at least give me an idea what to expect.
Back at the GP 2mor, - keeping them in business at the moment! xxxx rip dad... we had our ups and downs but we’re always be family xx0 -
I've posted the next 3 month sick note off today, - but will ring on Friday and ask for the ESA85 form, at least give me an idea what to expect.
I had a medical on the 27th, and was informed on ringing them that a decision has been made today to keep me in the WRAG for the time being.
So, a couple of weeks for me.0 -
I've posted the next 3 month sick note off today, - but will ring on Friday and ask for the ESA85 form, at least give me an idea what to expect.
Back at the GP 2mor, - keeping them in business at the moment! xx
Why do you need to get sick notes if you're being transferred from IS to ESA? This is not necessary, the transfer should just go straight ahead, subject to you passing the medical of course. There is no 13 week assessment phase for IS/IB transfers.“You can please some of the people some of the time, all of the people some of the time, some of the people all of the time, but you can never please all of the people all of the time.”0 -
Badgersbabe wrote: »Tell me about it Hun I have been on assesment rate for nearly 9 months now.I have 3 sons I have struggled daily to make ends meet.I eventually had my ESA tribunal on the 14/2 and won and was placed in the support group.Beleive me the nightmare does not end there.I am now waiting for all my backpay arrears to be paid and my correct ESA rate.This could take another month.You think when you go to appeal that its all over for a while but still it continues.How long you been on assesment rate?.Hope you dont have as long a wait as me.....
esa was a nightmare when i claimed a year ago and am sure it is worse now, to have to go to tribunrals to prove ur honesty not just yourself but doctors etc as well is all wrong waste of time and more importantly money,i honestly dont believe it has to be that complicated, the system in place i think is a good one but they miss one vital point that i feel is causing all the problems, everybody who claims should be filtered into 2 groups one group that has good medical evidence to support their claim and another group that has not,everybody is classed as the same dishonest etc and this is wrong, doctors,surgeons etc do not lie about their patients dont operate for the fun of it and deserve alot more respect than they get, i have my industrial disease medical tomorrow but i dont just go myself all my updated medical records which are legal documents go with me too which is very important if they decline you its not you its the medical evidence as well they are going against but it does make them think twice as they know you will just bounce back on appeal and more than likely win .0
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