Benefits entitlement for appealed ESA payments

LISA80

My mum has been declared unfit for work by her GP for the last 2 years for numerous medical reasons. Recently (due to our location) she has undergone the new assessment process and been told that she should go back to work (she can raise her arm above her head and pick up a 20p - have you ever heard the likes? Yet I am the one who witnesses her barely able to get out of bed some mornings!).

There is no physical way that she is able to work so has been forced to appeal. Throughout the appeal process she is forced to live on £65/week. Luckily for her she lives with me and my hubby otherwise I can almost guarantee she would've been homeless by now! Has anybody else gone through this scenario?

Is there any other benefits that she could be claiming for to try and increase her income. Unfortunately despite our best efforts she is very rapidly sinking into debt!:mad:

Indie_Kid

Does she have care and /or mobility needs that have lasted for the last 3months and are expected to last for another 6?

LISA80

No she doesn't, she still manages to get by but has Angina, chronic asthma, COPD and a severe progressive tremor. With all respect to her even if she could do a job she'd have great difficulty getting a job

AsknAnswer2

In that case, she would not satisfy the criteria for DLA - which is what I assume Sh1305 was seeking the information for. I'm afraid that she cannot receive more than the £65.45 per week ESA during an appeal against a decision that she is unfit for work (appeals on any other basis where it's decided no entitlement exists pay no benefit at all pending appeal). JSA and Income Support is also £65.45 per week as is the assessment rate of ESA - unless the person claiming is under 25 then it is £51.85 per week. This is the maximum personal allowance for a single person.

It may be worthwhile her seeking advice on budgeting and managing her debts. CAB or your local authority money advise service can help with budgeting advice (the old style money saving boards here are also very good). CAB or your local Welfare Rights service can offer assistance with her benefit appeal also. For assistance about managing her debts, National Debtline can offer advise. All are free services.

oldestrocker

LISA80 wrote: »

My mum has been declared unfit for work by her GP for the last 2 years for numerous medical reasons. Recently (due to our location) she has undergone the new assessment process and been told that she should go back to work (she can raise her arm above her head and pick up a 20p - have you ever heard the likes? Yet I am the one who witnesses her barely able to get out of bed some mornings!).

There is no physical way that she is able to work so has been forced to appeal. Throughout the appeal process she is forced to live on £65/week. Luckily for her she lives with me and my hubby otherwise I can almost guarantee she would've been homeless by now! Has anybody else gone through this scenario?

Is there any other benefits that she could be claiming for to try and increase her income. Unfortunately despite our best efforts she is very rapidly sinking into debt!:mad:

Oh I am sorry that your mum has found herself to be in this situation. Well, welcome to the real world of ESA! Many, many people have been having your mum's problem since late 2008 when all of this started. So she is not on her own.

As you may have gathered that over the past two years, there have been many postings on the various forums and websites.
Your best bet for a start is to have a look at all of the archive posts on this forum. Spend a couple of hours getting yourself acquainted with the processes involved.

Yes, the government do now say that you should only be getting 2/3rds of what IB was paying - they seem to be trying to save money!
Make sure that whilst your mum awaits her appeal date, that she gathers enough quality and up to date evidence.
Maybe she can contact her GP and consultants etc and ask for letters of support.

It's not easy I know, but you have to try. I know this might seem daft, but have you been keeping records/copy letters between consultant & GP over the time she has been ill?
If not you might have to apply for these under the FOI Act. In my case it cost me £200 in fees!!!

You need as much evidence you can get as you have to disprove the findings of the DWP medical which are treated as the 'bible' for DWP decisions.

dmg24

oldestrocker, personal information is held under the Data Protection Act, not the FIOA.

oldestrocker

dmg24 wrote: »

oldestrocker, personal information is held under the Data Protection Act, not the FIOA.

Thanks, but that is what I was told it was. Never mind, what you do say does make more sense.