ESA & Working Tax Credits, please help?

Molly41

sunnyone wrote: »

I wouldnt spend the ESA money yet, they are a benefit department and they make so many mistakes its unbelievable, just look at all the tax credit overpayment threads here!

That dosnt sound right, it should be more than that (the affect on wtc) and the calcs. are a just a guide and not very accurite so it would be vertually £ for £ reduction but I may be wrong since if you acctually work someone said it was 65% reduction.

What stage of ESA are you on?

You will most likely fail the medical since even terminally ill people do and on appeal you will just get the assessment rate again and I dont know how tax credits deal with that so if you talk to them again maybe you should ask?

Im not terminally ill, i was put in the support group for ESA. I think your attitude is scaremongering.

NEH

Molly41 wrote: »

Im not terminally ill, i was put in the support group for ESA. I think your attitude is scaremongering.

There is a sadly an element of truth to this, the medicals are tough to pass even for those on older style benefits and an awful lot do fail...

With regards to working tax credits there are two extra elements, you can get severe disablement element if you're on the higher rate of DLA, care component.....The other disabled element is the disabled workers element which you unfortuantely wouldn't get...

With working tax credits it's very difficult to figure out how these things are going to go, it's of a minefield and it's usually a case of wait and see....

sunnyone

Molly41 wrote: »

Im not terminally ill, i was put in the support group for ESA. I think your attitude is scaremongering.

my husband is currently in the support group but he gets forms every 6 months and he may need another medical anytime, they are harrassing seriously ill people every 6 months.

parsons

sunnyone wrote: »

my husband is currently in the support group but he gets forms every 6 months and he may need another medical anytime, they are harrassing seriously ill people every 6 months.

In fact they are re-assessing claimants every three months! To be re-assessed every 6 months does seem to be a good consession.

Molly41

sunnyone wrote: »

my husband is currently in the support group but he gets forms every 6 months and he may need another medical anytime, they are harrassing seriously ill people every 6 months.

Im sorry you feel harassed. I was last assessed a year ago and believe that I will be assessed again next year. The thing about these threads is that you only get negative experiences and they are not balanced. hence my warning about scaremongering!

parsons

Molly41 wrote: »

Im sorry you feel harassed. I was last assessed a year ago and believe that I will be assessed again next year. The thing about these threads is that you only get negative experiences and they are not balanced. hence my warning about scaremongering!

I am sorry if you think that my comments have an element of scaremongering.

It is a fact that re-assessments for ESA can and do take place every three months as norm.

This would include those that are both in the Support Group as well as in the Work Group.

If some are re-assessed less often, then that is seen as a good consession by both ATOS (who make the initial recommendation) and the DWP who decide upon it.

From what I have seen of this benefit, the same assessment form (ESA50) is used for both new claims as well as re-assessments. Maybe the answer lies with the DWP in revising the latter to a much shorter and less comprehebsive document.

By issuing exactly the same form, it is as though what has happened in the past is of no consequence and that each and every re-assessment is treated as a 'new' claim.

On that basis it is no wonder that having to fill in these forms so often, that there is every chance of someone failing the assessment who might previously have been put straight into the Support Group only three months earlier and that their inability to do any work has not changed!

If that does happen and there is no change whatsoever to the claimants inability to do any work, then there is certainly something wrong with the system not the claimant! Some however will argue that it is the fault of the claimant as they may not have completed the form fully, provided the relevant evidence or indeed had a good day on the date the assessment was carried out.
If that did happen I would expect the Decision Maker to look at matters in depth and not just accept what is put in front of him/her. To consider that given the history that an injustice is taking place somewhere. We can but hope!

PrincessDonna2009

So basically when i eventually get called for a medical assessment at 14 weeks, they will decide wether to put me in the Work related group or Support group? Also what if they don't think you need to be in any of them? do they literally throw you off the wagon and tell you to go and claim JSA, even though you are ill, had sick notes from your doctors to prove it and been to their medical?

I don't get the whole thing and I am very worried about it now, as I know I am ill and letting someone else judge you to say wether or not you are ill or not, when they know only little about the illness you suffer from is also worrying....can anyone explain what happens when you go to these medical assessments...

Thanks for all you advice

bighairyferret

For those that ARE actually scaremongering on here, if you are terminally ill then you wont have to attend a medical at all for ESA. However, terminally ill refers to those that (in the opinion of your own GP/specialist) have less than 6mths to live. If this is the case then ask your GP/Specialist/Nurse practioner for a DS1500.

If you have more than 6mths to live then you are not classed as terminally ill. This rule was set-up when DLA was first started with Incapacity Benefit, and now ESA, taking up this rule as there needs to be a cut-off at some stage. Otherwise you could class every human being as terminally ill!

People are required to attend medicals periodically. It is either every 3mths, 6mths, 1yr, 2yr or 3yr. This is dependant on the medical practioners assessment from ATOS/Tribunal (however, the medical was eventually decided). 3mths is the minimum, but it is not always the norm. Also the medical is based upon how you are on the day of the medical, not the day before or the day after. So if you are having a good day be prepared to be found fit for work. Not the best way off assessing but this is what your MP's came up with when sorting the procedures out. This may now be changing due a review by some Lord or Peer, but may not come into force anytime soon.

Furthermore the reason the ESA50 (the pink medical questionnaire) that is sent out before you attend the medical is not used as some sort of new claim. It is, however, sent out in order to re-assess if anything has changed in the medical condition since the previous assessment (which may have been 3mths before or 3yrs before). In a way it is like the previous assessment hasn't happened, but it is all collated and used to re-assess a person once they attend a medical.

Molly41

parsons wrote: »

I am sorry if you think that my comments have an element of scaremongering.

It is a fact that re-assessments for ESA can and do take place every three months as norm.

Please clarify how you know this information as "fact"? I had a medical two years ago. I filled in a further medical form a year ago, I expect to be reassessed again in January 2012. Am I not the norm then? How can you state that fact with such certainty? Do you have inside information?

bighairyferret

"So basically when i eventually get called for a medical assessment at 14 weeks, they will decide wether to put me in the Work related group or Support group? Also what if they don't think you need to be in any of them? do they literally throw you off the wagon and tell you to go and claim JSA, even though you are ill, had sick notes from your doctors to prove it and been to their medical?

I don't get the whole thing and I am very worried about it now, as I know I am ill and letting someone else judge you to say wether or not you are ill or not, when they know only little about the illness you suffer from is also worrying....can anyone explain what happens when you go to these medical assessments..."

To answer your question of whether you get thrown off if you dont pass it is a case of yes and no. Technically you are asked to go onto JSA, but you can appeal against this. This means you stay on ESA, but still have to send in your medical certificates.

Whilst not knowing exactly what happens at the medical, a doctor or health practioner (nurse etc) run through a more in-depth questionnaire (which is based upon both physical & mental health questions). They then score each question based upon your answers. This then goes to a Decision Maker at your local ESA office for them to see if they can add further points to what you have scored . Like I stated if you fail based upon the points (you need a minimum of 15) then you can appeal against that decision.