ESA stopped/suspended

Katz_69

Hi I am after some advice, ......

I was signed off my work on 7th September 2009, due to a recurring back problem. The doctor, physio and the hospital consultant have all agreed that my back would not get better without further "procedures" done. I have had 6 months physio before gettting signed off. I have had quite a few xrays, including MRI scan done. I have already had 2 sets of cortizone injections under xray put into the base of back. I have had chopped and changed prescriptions to try and ease the pain.

I was getting Esa from 14 Sept, and had my ATOS medical assessment on 24/11/09. I recieved through the medical decision on Saturday (12/12/09) which has said that i needed 15 points and i only managed 12 and due to that my benefit is stopping from 10/12/09. I was due my next payment on Thursday 17th Dec. The benefit officer has said that the 1 week money still due to me will be suspended until my appeal has gone through.

I have no money left and wonder if they can withold the money for the week previous ???

I also read through the assessors comments which he states "The clients bacl pain is severe.This is supported by the fact that they frequently see a specialist for this problem.The potent strenght medication is consistant with a sever medical problem. Her back pain is at the upper end of the spectrum with specialist input and very strong medication, problems with mobility and ADLs"

To me i thought wow he got that right ................ so how come they have stopped my ESA and have said i am fit for work and that due to my work contract being ended due to "unfit for work" i have now been told to JSA, which i have to be activly seeking work.

As it is right now, I am unable to walk more than 100 meters without being in pain. I can not sit for more than 10 minutes without having to move, fidget or get up to straighten (or as much as i can). I can not kneel down without hurting on way down and back up.

I am so bored being at home and would love a job, but i have been told that at the moment that is unattainable due to the fact i can not sit,stand or walk for any lenght of time without pain (which is even affecting sleep as i can not even manage to get comfortable in bed). Stairs i do manage as i take 1 step at a time and i am pulling myself up mostly with banister. To get up out of chair i am pushing myself up agaian with arms. I can't even do my own housework, my 17 yr old daughter moved in to do that for me. My partner works full time and is doing as much hours as he can, he is out of the house 6am and back home 7pm, so he doesnt have alot of time for the housework.

I am so stuck going round and round in circles, without getting anywhere. The DSS have said due to having a partner i am not entitled to anything. His earning are supposed to cover everything.

The CaB this morning told me i would be better off as single parent, that way i would get benefits. :mad:

Somebody please advise me :huh: right now i dont know what i am supposed to do

jennilb

Hi

I suggest you appeal the decision. Get professional advice to do this and look at the previous posts about ESA on this forum. In the mean time you can apply for a crisis loan. Also, if you aren't already on it, I suggest you consider applying for disability living allowance. The idea of this benefit is it covers the extra costs of being disabled, so you can get it even if you are working which means the tests are different to ESA. I got DLA for the next 2 years no problem but have just put in my appeal for ESA as I got 0 points for the same condition.

My Dad has told me to prepare myself for the idea that I will fail at the tribunal. His view is that this government (and the other lot too) want people off more expensive sickness benefits and on the cheaper JSA. He says I should treat the 5 or so months predicted wait time between submitting the appeal and the tribunal as the time I have left to get well without jumping through more hoops.

The appeal is time limited - you have to submit it (on their form) within 1 month of the decision. They then pay the assessment rate again until the tribunal. You can submit extra evidence, such as more doctors letters etc, with or after you submit your appeal form.

Hope this helps
Jenni

Katz_69

Hi Jenni,

Thanks, I was informed that i don't have to wait for their appeal form i can just put it in a letter, which i have done along with 7 pages of evidence to support my claim, including the hospital letter which states what they have diagnosed and the denervation on back. I was not aware as to how long the appeal process takes and when i spoke to the job centre plus again this afternoon, they said my money can only be released once they have the appeal stuff in their office. So i am still none the wiser if i will get money at all or where i stand with benefit. Nobody has ever mentions disability anything before, i was fighting just to get anything to help cover my lose of earnings as partners money is runnin out quicker by the day. And my back has gone frrom bad to worse today with trying to sit and type everything up......... I am 40 and feel 95 and right now i just want to run away and leave the whole mess. I am too much of a coward to miss the kids christmas tho ) even if it will be crap this year

NASA_2

I would appeal the decision, especially as you are only 3 points away from the threshold and the doctor has referenced your problems in a way that seems like it should be higher scored, you will be paid at the assessment phase rate until the appeal is heard.

You do not need to use the GL24 (Appeal Form) that the DWP can issue. You can simply write a letter saying which decision you are appealing against (Useful to include date of decision which you have been given) and why you think it is wrong.

I'm doubtful as to whether you will be given a crisis loan while benefit is suspended as the benefit could be put back into payment and paid to you instead.

EDIT to add: You are almost certain not to get a crisis loan if you have a partner in f/t work.

sunnyone

You will be paid ESA at the assessment rate while you appeal so you will have some income and the acrued extra £25.50 pw will be paid in a lump sum if you win the appeal.

ESA isnt fit for purpose, its a sickness benefit that excludes most disabilities, injuries and illnesses. My husband has kidney failure and hes just had his ESA reconsidered and reinstated after our MP intervined.

good luck.

sunnyone

benjie31trixie

hi could anyone help i am signing on at job centre but cant claim any money as i have a private pension of £115 per week if i fall sick would i be able to claim esa

Mupette

benjie31trixie wrote: »

hi could anyone help i am signing on at job centre but cant claim any money as i have a private pension of £115 per week if i fall sick would i be able to claim esa

Are you not able to work due to an illness/disability?

DX2

benjie31trixie wrote: »

hi could anyone help i am signing on at job centre but cant claim any money as i have a private pension of £115 per week if i fall sick would i be able to claim esa

You may be able to claim Employment and Support Allowance if any of the following apply to you:

• your Statutory Sick Pay has ended, or you cannot get it
• you are self employed or unemployed
• you have been getting Statutory Maternity Pay (SMP) and have not gone back to work for your employer because you have an illness or disability which affects your ability to work
• you are under State Pension age

You must also either:

• have had an illness or disability which affects your ability to work for at least four days in a row (including weekends and public holidays)
• be unable to work for two or more days out of seven consecutive days
• be getting special medical treatment

Pension income rules

If you receive contribution-based Employment and Support Allowance and have a gross pension income of more than £85 a week, the amount of benefit payable will be reduced by half of the excess.
The excess is the difference between £85 and the actual pension income. For example, for a pension income of £100, the excess is £15. The amount of Employment and Support Allowance payable is reduced by half of that, which is £7.50.
If you receive income-related Employment and Support Allowance, any pension income you have will be taken into account, regardless of the amount.

jennilb

Hi

I was also told over the phone that I could appeal in a letter, which my boyfriend wrote and I signed and put in 3 days after the decision. The lady I gave it into at the job centre (they've lost everything I've sent in the normal mail) told me they wouldn't accept it as an appeal as it wasn't on the form and gave me the form. She was right.

I have been living off DLA (and HB/CTB) for the last month, as no ESA has been paid in that time. I put in the appeal form and several extra pages pointing out all the errors / inaccuracies in the ATOS medical report on Friday, which was the last day I was allowed to appeal on. I was specifically told to apply for a crisis loan if I ran out of money but luckily my tiny tiny amount of savings has allowed me to buy food and DLA has paid the bills.

So I suggest ringing them and checking they have accepted your letter as being an appeal. If they haven't you'll need to act quickly to submit their form within the 1 month timescale.

I hope this helps.

Jenni

NASA_2

A letter will be accepted as long as it has the relevant information on it so it is completely incorrect to state that a GL24 is required. The GL24 simply sets out a framework for what information is needed. The DMG states the following and I have never seen a letter refused (So long as the required information was on it and wasnt incoherent from start to finish):

Making an appeal to the First-tier Tribunal

06060 The notice of appeal

1 must be on an approved form or some other approved format

and must be signed by the appellant and must include
1.

the name and address of the appellant and any representative

2.

the address where documents for the appellant should be sent

3.

details of the decision being appealed

4.

details as to why the appellant thinks the decision may be wrong2.
1 SS CS (D&A) Regs, reg. 33; 2 TP (FtT) (SEC), Rules, rule 23(6)

Katz_69

Well i have put everything in the letter, including copies of hospital letter, a fully print out of what the hospital letter says i am suffering from, the medical assessors report with fully highlighted errors and the explainations alongside, copies of the emails i have sent to my so called claimes advisor - which he read and never replied to any or made any other contact - the dates on the forms and the dates i was given over the telephone, my fully name, address, NI no, all contact details, and then i ran out of what i thought i could put n so i photocopied everything they had sent me regarding the medical and their decision, and i highlighted everything they had misinterpreted, misunderstood, misread and were just downright wrong.

Hopefully they will have gotten everything this morning and i am waiting until 3.30pm to call and see what money i can get, as right now my bank has called and said i am now over my limit again and so i will get charged from them yet again this month and i just can't keep up and am struggling. My youngest daughter is even coming home for luch as its cheaper.

I am so hacked off with how the benefits have all stuffed up. I was begining to think it was just me, as even tax credits screwed up and blocked me off their system for 2 years.

Thankyou to everybody for their advice, i will let you know how i get on.