1st Time claiming ESA for Husband

Cookiee

Hello fellow MSE forum

This is my very first post. I need some advice. (sorry if it is long)

My husband has worked since he was 15. He only has ever had 2 weeks sick in that time for a car accident and up till recently worked for his previous employer for 8 years.

Unfortunately, whilst at work my husbands back went into spasm and he has to go sick. His back did not get any better with painkillers or a back support. The doctor just gave him painkiller after painkiller until I had enough and DEMANDED!! that he is refered to hospital. He went for an MRI in February and the surgeon follow up appointment diagnoised dics degenerative desease, a crumbled lumbar spine block and 2 bulges in his spinal cord which is restricting his spinal fluid on his left side of his body. He has now been refered to a specialist back surgeon who deals with this type of "injury" (normally its only gymnast who get this type of injury in this area of the back). My husbands work paid SSP until the 31st April when he then had to apply for ESA. He recieved a part payment of £32 for 1st till 4th May then nothing. We have had no money and unfortunately meant I had to use our credit card (which I have no way to pay back) to pay for food.

He went for his ATOS medical and the nurse at the interview was lovely but at the end said that we could request the results from Monday? I thought it took 2-3 weeks. Also the last comment she made was if we "fail" to get enough points then we should appeal but this could take 9-12 months.

My worry is my husband is facing some serious surgery soon, will have to be on strong painkillers for the rest of his life and physio but we wont get any money.

We called the ESA helpline and they said they were waiting for the report before issueing money?? I thought they had to pay us the waiting rate until this decision was made?

I am the only imcome in our home at the moment, which is under £20k year. I would appreciate anyones advice on what additional things we can try and claim or help with advice.

We are not spongers and just want some help to be able to buy food.

Best wishes Cookiee

MrsManda

Has he provided a fit note to cover his absences?
I don't know whether you normally have to when moving from SSP to ESA but when you apply for ESA when you haven't had SSP first you have to provide fit notes until after you've been assessed.
It sounds like they may have paid the first four days of a claim then put it on hold.

Call them on Monday and find out exactly what's going on. He should be receiving the assessment rate as his application must've been accepted for them to be doing a medical. What did his initial award letter say? Did it say that he needed to provide fit notes?

It may be possible for you to get a crisis loan from the Jobcentre while they sort it all out but that depends on your circumstances I think.

Does your husband have mobility/care needs? If he does, he may be able to claim Disability Living Allowance - you can receive this whether you're claiming ESA, working, or doing neither as it's based on needs rather than income.

Put your details into the direct.gov and turn2us calculators to see what else you may be entitled to claim
http://www.turn2us.org.uk/benefits_search.aspx

https://www.dwpe-services.direct.gov.uk/portal/page/portal/ba/lp?_piref278_36249_278_36248_36248.__ora_navig=action%3Dentitlement%26pageno%3D16

Cookiee

Hi MrsManda. Yes my husband send the original sick notes from December last year up till 9th July this year.
On the letter it stated he would be entitled to £67.50/wk paid in arrears fortnightly. We was not aware of the £32 payment until we called them up to ask when he would get the 1st payment so we would work out food etc etc. The gentlemen on the phone agreed we would be paid fortnightly but we would not receive a payment (except the £32) until at least the 18th May but if we sent a letter in stating our financial situation they would pay us weekly. They received the letter on the 3rd and we called up on the 6th and was told they would not pay us anything until the assesment was decided by the decision maker? Which means we had £32 to survive on until they make this decision!!

As for the crisis loan ... they suggested that so my husband went and asked as they said as I was earning over the "threshold" we could not get one.

Grrrr ... so fustrating. I hear so many negative things about the ESA process but to actually experience it. And to think this is only the beginning for us lol

McKneff

How can you be working full time and actually have no money for food. You must have a lot of big outgoings,
perhaps if you posted an SOA we could help you budget better.

suelees1

Thre is no reason why he should wait for the results of the assessment so should get on to them.

He should also claim Industrial Injuries Disablement Benefit. This is a 'no blame' benefit (unlike a civil personal injury claim) for those who suffer an injury (or suffer from a prescribed disease) whilst in employment. Any award will depend on the percentage of loss of faculty and it's paid even if he returns to work. http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Disabledpeople/DG_10018839

Cookiee

McKneff wrote: »

How can you be working full time and actually have no money for food. You must have a lot of big outgoings,
perhaps if you posted an SOA we could help you budget better.

I have with the help of this site managed to reduce my outgoings to exactly my wages every month. It was originally £1500 a month and now it is £1280 a month, which is my wages less £10. Like a lot of people I know, my husbands wages were used to help cover the cost of the monthly mortgage and then the rest would cover our transport costs and food each week. Unfortunately our mortgage is very high as it is on a fixed interest rate as we had to get a 100% mortgage 3 years ago for 5 years. I have tried our mortgage company but as our house is in negative equity, they cant stop or reduce our payments. And kindly pointed out that it's our responsibility to pay. (Like I dont know that

It has been a struggle with surviving on £79/wk when my husbands wages were SSP but now its nothing! This is what we use to eat and pay petrol with but I must admit is has made me come up with some interesting dinners!

We are hoping that witht he right treatment and surgeries that in 3/4 yrs my husband will be able to do some work again. He is a grafter and this is getting him down something awful.

We only just found out through this website also they we dont have to pay for prescriptions which trust me helps LOADS!! as £21.60 every 3 weeks is a struggle.

But I will keep looking on this site as it is a godsend for ideas and advice:D

Cookiee

Suelees1 - WOW thanks hun I did not know anything about a "no blame" benefit will deff look into this asap. Your a star xx

Tehya

Cookiee wrote: »

We only just found out through this website also they we dont have to pay for prescriptions which trust me helps LOADS!! as £21.60 every 3 weeks is a struggle.

But I will keep looking on this site as it is a godsend for ideas and advice:D

I hate to be the bearer of bad news but if the only reason you think you'll get free prescriptions is because of your husband's ESA I'm afraid that's not right. NHS exemption is only awarded on income based ESA and because you are earning you will not get that. I'm not sure if you qualify for some help with NHS charges under the low income scheme you can check it here
http://www.nhs.uk/nhsengland/Healthcosts/pages/Prescriptioncosts.aspx.

If you have children you will be entitled to child tax credits, I'm unsure of working tax credits so you'd have to check the limits as it's all change at the moment.

If your husband is out of action for the amount of time you predict I feel you will have to make some lifestyle changes. There are possible changes being made to ESA where it will only be paid for a period of 12 months for contribution based ESA for those in the work related activity group.

If he has needs help with either/both care or mobility check out DLA, this really helped us a great deal in opening the way forward towards other benefits.

I'm sorry you're in this postition, I had them same thing when my hubby first became ill. It's a difficult time but with the right planning it can be done. Good luck.

Cookiee

Hi Tehya. It was the also the doctor who also advised my husband he could get the free prescription. He is now on morphine to control the pain
Luckly we dont have any children at present. We wont consider that until we are better financially. I earn £600 a year too much for working tax credit.
To be honest the main bills are paid and I can cover the mortgage now it is just using this ESA for food and covering my husbands medical costs i.e petrol money and parking for hospitals.

We didnt have much of a lifestyle to change tbh. We both dont drink, I dont smoke and my husnad is cutting down lots. We dont go out as my husband can hardly walk let alone "do a little dance, make a little love ... get down tonight :rotfl:" lol

I am confused though all about the work support group. The surgeon has told him and the doctor, he will not be able to do any physical work until at least all surgeries are done. He is looking at possible 3 major surgeries then at least 1 yr /18 moths before he will have 65% strength back into his back. Will they take this into consideration on the WRAG? Will they make him do training etc etc for things he might be able to do in 4 yrs time?

Anyone on the WRAG? What are your experiences?

sunnyone

Cookiee wrote: »

Hi Tehya. It was the also the doctor who also advised my husband he could get the free prescription. He is now on morphine to control the pain
Luckly we dont have any children at present. We wont consider that until we are better financially. I earn £600 a year too much for working tax credit.
To be honest the main bills are paid and I can cover the mortgage now it is just using this ESA for food and covering my husbands medical costs i.e petrol money and parking for hospitals.

We didnt have much of a lifestyle to change tbh. We both dont drink, I dont smoke and my husnad is cutting down lots. We dont go out as my husband can hardly walk let alone "do a little dance, make a little love ... get down tonight :rotfl:" lol

I am confused though all about the work support group. The surgeon has told him and the doctor, he will not be able to do any physical work until at least all surgeries are done. He is looking at possible 3 major surgeries then at least 1 yr /18 moths before he will have 65% strength back into his back. Will they take this into consideration on the WRAG? Will they make him do training etc etc for things he might be able to do in 4 yrs time?

Anyone on the WRAG? What are your experiences?

Im on drugs 100x stronger than morphine for my pain but I still dont get free prescriptions, neither will your husband be entitled to them on contributions based ESA, if it was income based he wouldnt get a penny ESA because of your earnings.

Hes probably failed the medical, thats happens to a fair few people when they find that out because they stop getting paid, I cant help about the WRAG as my husband is in the support group.

If he cant walk/virtually unable to walk have you claimed DLA?

Your income dosnt matter for DLA as millionairs can claim it and at the higher rate for both its worth more than contributions based ESA and they dont pester you every six months with ESA50's either, it isnt an easy benefit to get but if your husband has medical evidence to back up how his condition effects his care/mobility.

good luck.

McKneff

I really wouldnt bank on the free prescriptions, it is calculated on household income and your are earning way over the threshold for free ones.