Dla, IB-esa migration, whats the scoop?

NASA_2

oldestrocker wrote: »

Thanks you make a lot of sense.
Yes failing the WCA can instigate a review of their DLA entitlement.

Once again, the numbers of people that claim JSA after failing the ESA assessment isn't counted in 10's. Again look at the many on this and other sites that religiously follow the advice given out by the DWP within the 'failure letter' They believe that that is the way forward!!
I actually fell into the same trap myself, until some kind hearted woman in the JC said that she couldn't accept that I was fit for work. The JSA claim form was filed away and she completed a new ESA1 and fast tracked it for me. Now I am fairly intelligent, but the letter to me seemed to say that I had to claim JSA!!

The Disability Premium didn't come into the equation for me as it was a contribution based claim. But I take your point as regards the difference in benefit levels.

When I mentioned walking it was just an example. Of course it wouldn't stop someone working. But to some claimants, they withold the info that they claimed ESA for believing that if it became knowledge, the JSA claim would cease leaving them with nothing!
I kept to myself what was wrong with me, and acted out that I was fit for work as I saw the problems if I admitted to my conditions. It was only because of what the lady in the JC saw that she questioned me closely to find out the true extent. I never knew that I could carry on getting ESA whilst appealing.
To me that was illogical - how could I be paid ESA when I had failed the medical! You are either ill or not!!

As regards DLA, I feel that it is commonly accepted by most that to fail the ESA assessment WILL mean a review of the DLA entitlement. For that reason I failed to show on my ESA50 anything to do with my mental illness as that is what I get DLA for. I didn't want to run the risk of it being said that I didn't have a sufficient mental illness to qualify for ESA AND then run the risk of a review of my DLA.

There is a lot of disinformation about - but there is also a lot of fear of losing what you have already!

I've seen plenty of disallowance letters - they all state the right of appeal against the decision in fairly explicit terms.

An insignificant minority choose to claim JSA - few letters are as clear as the disallowance letter.

oldestrocker

NASA wrote: »

I've seen plenty of disallowance letters - they all state the right of appeal against the decision in fairly explicit terms.

An insignificant minority choose to claim JSA - few letters are as clear as the disallowance letter.

Hi,

You have had me digging out my letters as I didn't want to contradict you!!

errrr yes you are right, the actual failure letter is very clear in what you can do. Sorry.
However I didn't take much notice of it at the time as after I read the first few lines saying that I had failed I went on to read the form ESA65 that came with it (albeit in a different envelope).

On pages 5 & 6 it tells me what 'to do now'

I could only claim ESA again after 6 months or if there was a deterioration or new illness - straight away. That didn't apply

The next paragraph said that I should claim JSA if I didn't have a job.

There was no mention of being able to claim ESA whilst appealing, although I do conceed that it was mentioned in the other letter, which I gave up reading after the first few lines!

I knew there was a reason for taking that action - I just didn't dream it up.

So I claimed JSA - the appeal went in after the lady in the JC helped with the ESA1 as it was her that told me that I should appeal.
The rest is history.

So yes it was my fault in not reading the letter properly and going straight onto the ESA65. That will teach me to read my post properly in future - it would have saved me weeks of stress.

Mind you if I made that mistake, and it is so easy to do in wanting to look at the scores given, many more would probably do the same.

Thanks for putting me straight on that. I apologise for doubting you.
Maybe the ESA65 could explain about appealing as well and still receiving ESA.

Indie_Kid

oldestrocker wrote: »

Maybe that is because you haven't failed a medical for another benefit ie ESA.
If you get chance to have a look at the descriptors that apply for ESA and you will see that if you fail the test, it is very unlikely that DLA will accept that for similar desriptors you are entitled to DLA.

eg If you fail the walking test for ESA, and you are claiming that that is one of the reasons you are receiving DLA for, doubt will arise in your DLA claim.

For me that won#t be true:
I claim DLA on the basis that I'm unable to prepare a cooked meal for one. There are no descriptors for ESA (to my knowledge) about that.

Are you andyandflo posting under another new AE?

I was wondering the same thing.

Also worth saying that some people would actually benefit financially from being on JSA during the appeal if they also get DLA as the Disability Premium is more than the WRAG would pay. The choice is with the claimant.

I've noticed this too. And there was me thinking that no-one on IB would be worse off when they go on to ESA. (I'm sure that's what I got told)

NASA_2

sh1305 wrote: »

I've noticed this too. And there was me thinking that no-one on IB would be worse off when they go on to ESA. (I'm sure that's what I got told)

No-one will be worse off if they move from IB to ESA - they will retain their rate of benefit until ESA catches up and then they will get an increased rate each year when it comes uprating time.

oldestrocker

healy wrote: »

If you do a search for andyandflo you will see what I mean.

Hi,
I have had a quick look at what you suggested and there is a lot there.
From what I can see, the guys seemed to be suffering from very serious mental illnesses. I couldn't make head nor tail of what they were driving at most of the time.

Their main arguments, if you can call them, were to do with Mortgage Interest Payments and something to do with illnesses that they (he) had but refused to tell the DWP in an ESA claim?????

I do note that somebody came on and said that they (he) was dead!!! If they (he) is dead from some sort of overdose or something, then its a real sad matter.

I hope that that was a wind up as I would hate to think that anybody would see it as anything but serious.

Are you in some way attempting to say that I maybe this same person? (who isn't actually dead)??

If so then that is sick!!

I don't know them(he) from Adam and to start making comments like that is not something I want to be drawn into.

I would prefer to respect people and certainly those not with us any longer. I do hope that you have the same level of respect?

Any further suggestions along those lines and I will report the matter.

healy

oldestrocker wrote: »

Hi,
I have had a quick look at what you suggested and there is a lot there.
From what I can see, the guys seemed to be suffering from very serious mental illnesses. I couldn't make head nor tail of what they were driving at most of the time.

Their main arguments, if you can call them, were to do with Mortgage Interest Payments and something to do with illnesses that they (he) had but refused to tell the DWP in an ESA claim?????

I do note that somebody came on and said that they (he) was dead!!! If they (he) is dead from some sort of overdose or something, then its a real sad matter.

I hope that that was a wind up as I would hate to think that anybody would see it as anything but serious.

Are you in some way attempting to say that I maybe this same person? (who isn't actually dead)??

If so then that is sick!!

I don't know them(he) from Adam and to start making comments like that is not something I want to be drawn into.

I would prefer to respect people and certainly those not with us any longer. I do hope that you have the same level of respect?

Any further suggestions along those lines and I will report the matter.

No I was just asking as your situation is so similar, I was not making sick comments.

We have no way of knowing if they are dead or not, but many have their doubts. As to respect andyandflo is/was a nasty piece of work who wasted many peoples time when they were trying to be helpful.

I did not mean to cause any offense and will not bother you further.

Errata

As the OP also has the problem of homelessness and is living in a multi storey car park, it's difficult to know what to advise. https://forums.moneysavingexpert.com/discussion/comment/38907160#Comment_38907160