Being fobbed off-Disability Element of Tax Credits

thebaileys

Hi,

I recently went back to work after 10 months of long term sick.

I am waiting for a disc replacement, I spoke with a pathways advisor whilst claming ESA, who advised me to claim the benefit once back in work.

I called WTC last monday to let them know I was back in work, and to claim this extra benefit. The guy on the phone said yes you qualify, but we will need to put the element on manually.

I called today and was told, no you can't have it and a letter is on its way. You must have been on ESA for 28 weeks.

I have read up the factsheet ref T956.

According to this I meet the critrea-

1-I work 16 or more hours a week.

2-I cannot sustain a 8 hour 5 day working week due to severe pain.

3-You have received SSP followed by ESA for a combined period of 28 weeks or more (I claimed SSP for 28 weeks and ESA for 14 weeks)

I feel like I am being fobbed off! Has anyone else had trouble with this benefit?

Thanks

Hammyman

They are talking out of their backsides. I got it for the thick end of a decade. You'll need to provide supporting evidence such as from your specialist but you should be getting it.

thebaileys

Thanks for your reply, I will call them again on monday armed with the factsheet.

Its just annoying that its actually been passed to the department that deals with it, and even they don't know the rules!

Hopefully they will listen to me this time,I've got no problems with them contacting doctor or consultant.

Thanks

dazzadub

i agree dont take any crap. tell them you have read up on the criteria and you meet it if they dont agree with it then speak to citizen advice

also with your esa was it hard to get as i have similar problem to you and people seem to feel i wont get past the medical is there anything i need to look out for

thebaileys

I was only on Esa for 14 weeks while waiting for my medical, I failed the medical, however only found this out when I didn't get paid.

I still haven't had a letter from them! Very annoying.

I Felt the doctor at Esa medical was very uninterested, I told her I had worked from being 14 years old, never claimed in my life, and due to severe back pain had found myself in this situation.

I could have appealed, but I've gone back to work on reduced hours, which still isn't easy, and been told to claim this(when I eventually get it), and back to work credit.

Thanks

dazzadub

oh right, i have a ruptured and a prolapsed discs and had it over 3 years due to my old gp not giving a crap.
i have a damaged nerve in my back with is causing sciatica in both legs, pain runs up all my back and into my arm pits.

i cant bend over even cant get my knees
toes

i acn lift my arms up and that its mainly the stomach down i have serious issues with.
cant sit for more then 5-10 mins. cant stand for more than 5-10 mins.

sometimes i need use a stick

and have to take sleeping tablets every night to hep me get some sleep

sunnyone

thebaileys wrote: »

I was only on Esa for 14 weeks while waiting for my medical, I failed the medical, however only found this out when I didn't get paid.

I still haven't had a letter from them! Very annoying.

I Felt the doctor at Esa medical was very uninterested, I told her I had worked from being 14 years old, never claimed in my life, and due to severe back pain had found myself in this situation.

I could have appealed, but I've gone back to work on reduced hours, which still isn't easy, and been told to claim this(when I eventually get it), and back to work credit.

Thanks

Thats not uncommon, that how my husband found out he had failed the medical but in under a month he was in the support group

lorelai34

I'm not sure if you meet the 3rd qualifying condition you posted although to be honest I'm not sure. I think you would have need to have actually received ESA to qualify. Maybe I've misunderstood your post but you said you received ESA for 14 weeks but then you said you didn't because you failed the medical?

thebaileys

I was on esa for 14 weeks, had the medical about week 12 but failed it.

Even though I failed the medical, I was still on esa 14 weeks.

Condition 3- (2)For at least one day in the last six months, you have received one of the following:

Esa where you have received this allowance for 28 weeks or more or you have received ssp followed by esa for a combined period of 28 weeks or more.

SSP-28 week ESA-14 weeks.

Or I could qualify under Condition 3 (4) All four points apply

I was on SSP for 20 weeks or more

Likely to last for 6 months-has lasted almost 5 years so far
Your gross earings are at least 20% less than they were (they
are, I've had to drop hours due to pain)

Your gross earnings are at least £15.00 a week less than they were (Again, yes due to reduction in hours)

I have a letter that states I can appeal in writing or contact them over the phone.

Hammyman

dazzadub wrote: »

oh right, i have a ruptured and a prolapsed discs and had it over 3 years due to my old gp not giving a crap.
i have a damaged nerve in my back with is causing sciatica in both legs, pain runs up all my back and into my arm pits.

I know exactly how you feel. Been suffering from that for 21 years. Had two discs operated on in 1992 then the one above failed in 1999 and is inoperable due to previous op. Been told I've got it for the rest of my life which is why I now work for myself cos its that or doing nowt which would drive me insane.

thebaileys

I called the department that deals with adding the Disability Element on, and was again told you've only claimed ESA 14 weeks, I then told the advisor its a combination of SSP and ESA for 28 weeks.

He said 'oh well we don't know you've had ssp for 28 weeks' you will need to send proof.

So I've got to get in touch with my HR to confirm this, then send it too them.

I