First time SOA - Please be gentle. Am so worried.

SimIsOnTheUp

immoral_angeluk wrote: »

We find the best chance of success is through the Royal British Legion or charities relating to the motor/mechanic trade, oddly.

So, hopefully the CAB will advise regarding any charities who may help?

SimIsOnTheUp

immoral_angeluk wrote: »

All CAB's have a massive book of charitable trusts that you may get grants from for help with such things so there may be some other charity related to your area, personal circumstances or past/present occupations that may be able to help also.

Brilliant. Thanks!

SimIsOnTheUp

immoral_angeluk wrote: »

Just out of interest which CAB is it you're going to?

Obviously feel free to tell me to bog off and keep my nose out if you don't want to say, only reason I ask I do work in areas covered by Severn Trent. lol

I'm in Shropshire

immoral_angeluk

RE; DLA check out this factsheet from the disability alliance which should give you an idea if it's worth putting a claim in.

http://www.disabilityalliance.org/f2.htm

immoral_angeluk

SimIsOnTheUp wrote: »

I'm in Shropshire

Ah you're out of my area then. I deal with south staffs and cannock CAB. Good luck with your appointment though! Have you been given any documents to take with you? Financial statement, that kind of thing?

SimIsOnTheUp

immoral_angeluk wrote: »

Failing the ESA medical means nothing.. just check out this report to see why..
http://www.citizensadvice.org.uk/index/campaigns/policy_campaign_publications/evidence_reports/er_benefitsandtaxcredits/not_working
You should've appealled the decision and then gone to CAB for help. I know hindsight is a wonderful thing but depending on which bureau you go to they've got specialist benefits workers who can help you with the appeal and give you more chance of success. You should also provide as much information to back up your appeal as possible such as doctors statements.

I have appealed.

I made sure I had the form ready, as due to the ridiculous statistics, I expected to 'fail' the medical, so had contacted Jobcentreplus for the relevant form to fill in ready.

Sent it off, for both a 'reconsideration / appeal' at the end of February, as they stopped my ESA - they then re - started my ESA, and it continued to be paid as normal.

I didn't go the the CAB for any help with the ESA appeal, although I'd like to now if not too late!

Yesterday, I had the 'medical professional' c*ap through the post, telling me that Jobcentreplus had not changed his original decision.

I phoned them yesterday, and they confirmed that my ESA will still be paid (assessment rate) now, as normal, until the appeal.

Apparently, the appeal is taking on average 6 months from me sending the form in - ie - 6 months from end Feb, so we're looking at the end of August.

Don't want to panic, but I'm very worried about the DWP saying I've suddenly got to go back to work.

I want to work.

However, I need to get 100% better first, and I need professional help with this.

Already have an appointment with a CBT chap next week, as well as the Substance Misuse lady. Am considering going back to AA, and possibly looking at rehab.

This will take months, and I don't want to rush things and get stressed again.

The DWP on the other hand, will probably not be interested!

Any idea immoral angel, as to where to turn re the Appeal?

Many Thanks,

Sim x

immoral_angeluk

SimIsOnTheUp wrote: »

I have appealed.

I made sure I had the form ready, as due to the ridiculous statistics, I expected to 'fail' the medical, so had contacted Jobcentreplus for the relevant form to fill in ready.

Sent it off, for both a 'reconsideration / appeal' at the end of February, as they stopped my ESA - they then re - started my ESA, and it continued to be paid as normal.

I didn't go the the CAB for any help with the ESA appeal, although I'd like to now if not too late!

Yesterday, I had the 'medical professional' c*ap through the post, telling me that Jobcentreplus had not changed his original decision.

I phoned them yesterday, and they confirmed that my ESA will still be paid (assessment rate) now, as normal, until the appeal.

Apparently, the appeal is taking on average 6 months from me sending the form in - ie - 6 months from end Feb, so we're looking at the end of August.

Don't want to panic, but I'm very worried about the DWP saying I've suddenly got to go back to work.

I want to work.

However, I need to get 100% better first, and I need professional help with this.

Already have an appointment with a CBT chap next week, as well as the Substance Misuse lady. Am considering going back to AA, and possibly looking at rehab.

This will take months, and I don't want to rush things and get stressed again.

The DWP on the other hand, will probably not be interested!

Any idea immoral angel, as to where to turn re the Appeal?

Many Thanks,

Sim x

I don't know about shropshire, but most CABs have specialist benefits advisors who can help with the appeals. I know both of mine do so I'd imagine it's the same at yours.
Failing that as you're on ESA you're be entitled to legal aid to get help preparing the appeal case from a solicitor if you could find a local solicitor to take it on. The legal aid wouldn't pay for representation in court though.
http://www.communitylegaladvice.org.uk/en/legalaid/calculator.jsp
If you give CLS a call they'll let you know who locally does legal aid benefit cases

The fact that you're having to potentially go into rehab etc is pretty clear reasoning that you're not fit for work, but unfortunately many many people are having to jump through hoops at the moment due to the jobcentre scoring 'nil pois' on genuine cases. There's even been cases of people with terminal CANCER being deemed fit for work so you're not alone..

SimIsOnTheUp

immoral_angeluk wrote: »

If you went for a DRO bare in mind the HB overpayment would not be written off by the DRO for 12 months, as it is being taken from your benefit. After the 12 month 'moratorium' period though then the balance would be written off.

If I remember rightly the minimum they'll accept is £3 something a week.. may vary depending on the council though.

Hmmmm.. it should be £65.45 every week.. so £130.90 every fortnight/£261.80 every 4 weeks.
Might be worth giving them a call.

Thank You for your help.

Re the DRO / writing off the HB Overpayment, I'm so worried about this -

I don't think they'll write it off, as it was 'fraudulent' when I got done in 2006..been paying it back ever since

Apparently, any record of fraud (I was interviews 'under caution' / threatened with Court and criminal charges / I paid an 'admin penalty') will render the HB Overpayment *excluded* from the DRO won't it?

SimIsOnTheUp

Jeez, the grief my brain and my drinking has caused me in the past :-(

*Trying to stay positive, but really struggling, reading this now*

Thanks,

Sim.

SimIsOnTheUp

immoral_angeluk wrote: »

If I remember rightly the minimum they'll accept is £3 something a week.. may vary depending on the council though.

Hmmmm.. it should be £65.45 every week.. so £130.90 every fortnight/£261.80 every 4 weeks.
Might be worth giving them a call.

Thanks for this.

I will ask the CAB lady, if she can help with asking the Council to reduce my HB Overpayment repayments slightly.

Re ESA figures, it looks like I've been slightly under - paid strangely!

Will phone them next Tuesday