ESA medical form received - advice needed please

hoggle_2

Hi all. I am need of a bit of advice if anyone can help. Apologies if the post is a bit disjointed

OH has is currently on ESA and has recently been awarded DLA with higher rate mob and middle rate care. I have just applied for carers allowance but not yet heard back.

Yesterday OH received medical form from ESA, (which we were expecting after being awarded DLA). My questions are:

1. Will the ESA rate be reduced at all? I understand it will if it ends up going to tribunal and if we do have to go down that route and it is awarded are payments back dated??

2. If I get awarded CA what happens re ESA? I understand that the amount will drop which is fine but would CA prove that OH is incapable of working?

3. What happens if I work part-time? I understand that CA will be stopped once I earn a certain amount but due to OH's condition he will still be unable to work. Would he get any benefits then as I would only be able to work very part-time which would mean a small salary which would be nowhere near enough to support the whole family.


All advice greatly received.

Thank you.

AsknAnswer2

1. ESA won't be reduced because he is going for a medical. If he is found fit for work, it will cease and you would only get the assessment rate upon appeal. If an appeal is successful, the difference in what he should have got would be backdated

2.CA doesn't prove he is incapable of working, no. It is dependent upon the disabled person being cared for receiving the middle or high rate of DLA and being cared for more than 35 hours per week. People on DLA are not exempt from work, they can work full time/part time, and still have someone caring for them for more than 35 hours a week. I work full time and still care for my child in excess of 35 hours a week, she goes to school and is capable of undertaking her classes with support. If it weren't for my income I'd be eligible for CA. But my being entitled to it doesn't prove my daughter is incapable of "work" - her work being school, but same principle.

3.If you work part time, his ESA may decrease if it is income based. You may be able to get council tax benefit and housing benefit, depending on what you earn and his ESA claim.

cit_k

If you are called to a medical, write to the DWP and ask them for a copy of the lima preboard report, that is the evidence they used to decide you should be called for a medical.

See if they took into consideration a single word you wrote on the form....

If they didnt, complain loudly to ATOS and DWP, and possibly MP.
Not to mention you may have grounds for a GMC or NMWC (General medical council, or Nursing and midwifery council) for them not preparing an accurate report.