Dreaded ESA Letter. Help!!!

xsunnysuex

I have today received the dreaded Esa letter. And I'm scared. I suffer from depression and panic attacks. I also have osteoarthritis in my knee, thigh and hip. I am in so much pain it is unbelievable. I am in pain both standing and sitting, and I find it really hard to walk. Can anyone tell me how soon the medical will be after I return the esa questionnaire? If I fail and my benefit is stopped, will my housing benefit and council tax benefit be stopped also? I have worked hard to clear the £3000 rent arrears my ex left me with. I have managed to get the arrears down to £121 to date. I am petrified that my housing benefit will stop and I will be back to square one with huge arrears again.

cit_k

You may not even need a medical, some people, can go straight into one of the ESA groups from the evidence on the form alone (and other evidence such as from your GP).

If you need a medical, its how long is a piece of string really - dont worry how long it takes, the longer the better really.

Once you have the 'medical' (if possible make sure you record it in secret, dont tell them you are or your benefits will be stopped) then again, its how long is a piece of string before you find out the result.

Again dont worry, your payments will continue until a decision is made.

Unfortunately, sometimes they dont always inform you before stopping payments, and the first you know is your money is not in the bank.

Whatever happens, if you fail, you have one month to start an appeal with the DWP.

Ring them up and let them know you want to appeal, and fill in an appeal form (as it MUST be done in writing).
If there is no appeal form included with the decision letter they can send you one out if you ask, or you can pick one up at your local jobcentre.

Also, ring up the DWP and ask for a copy of the medical report so you know what you are appealing about (I prewarn you, expect a work of fiction, that is full of nonsense and contradictions or lies, if its accurate, then I would be very suprised).

Your housing benefit and council tax would stop if you are turned down - you need to tell them that you are appealing the decision and you should be able to get it re-instated either on the basis of the appeal, or on a no-income basis. You may have to provide proof of appeal, or bank statements etc, so keep all paperwork.

Send everything recorded delivery.
Keep copies of everthing you send.
If the medical report is innaccurate, complain to the assessors professional body (GMC for doctors, NMWC for nurses) as well as the DWP and ATOS.

Complaints are vital to improve service levels.

You are still paid at the assessment rate during appeal - so DO NOT worry, as long as you get the appeal in, and contact the council your money will (after a slight hiccup whilst they sort things out) be still paid for rent/council tax, and ESA assessment rate paid till the tribunal.

expect up to about a years wait for the tribunal.

Good luck, let us know how it goes, and feel free to keep asking questions.

xsunnysuex

Thank you very much for your help.

rogerblack

The medical (if applicable) will be held shortly after (usually) the 13th week of your initial application.
Until this time, you're on the assessment rate.
Also, if you cannot walk without 'severe pain or discomfort' - you are entitled to high rate mobility of DLA, so you should apply for that.

LadyMorticia

rogerblack wrote: »

The medical (if applicable) will be held shortly after (usually) the 13th week of your initial application.
Until this time, you're on the assessment rate.
Also, if you cannot walk without 'severe pain or discomfort' - you are entitled to high rate mobility of DLA, so you should apply for that.

The assessment rate of ESA isn't paid if you're being transferred though, is it?
If you're being transferred, then I thought that your money would stay the same, even upto the 13th week?

Unless I read your post wrong and if I have, apologies.:o

millym

I know how you must be feeling OP, as my husband has similar health problems and was in a terrible state whe he received his form a few months ago. However, he was put straight into the WRAG without needing to have a medical, which was great, as he was really in a state about going for one.

I advise you to provide as much detail as you can on the form. Use extra pages and attach them (with your NI no etc at the top, so they don't get lost). Send in as much medical evidence as you can - repeat prescriptions, hospital/pyschiatrist/counselling appointments etc. If you have a care plan, send a copy of that. Get letters from any professionals you see, if possible.

My DH also wrote about a 'typical' day for him, and gave examples of times when things had really got on top of him etc.

Good luck!

rogerblack

LadyMorticia wrote: »

The assessment rate of ESA isn't paid if you're being transferred though, is it?
If you're being transferred, then I thought that your money would stay the same, even upto the 13th week?

Unless I read your post wrong and if I have, apologies.:o

Indeed, sorry.
I missed the reference that it was a migration in the original letter.
Then I believe the medical is likely within a few weeks at most.

moneysaverboy

My friend is being 'migrated' to ESA at the moment. She got her original form mid July, had to send it back by End of August and I think actually returned it about Mid August. She just got her letter from them a couple of days ago telling her she's been put into the work related activity group even though she's been unable to work for 15 or so years because of her health. They've said they'll send her another letter with dates on it for when she's got to go have her first work focussed interview, and it says she's got 1 month from the date of the letter to appeal so I doubt they'll set up the interview for at least 1 month (or am I perhaps being naieve with that thought).

LadyMorticia

rogerblack wrote: »

Indeed, sorry.
I missed the reference that it was a migration in the original letter.
Then I believe the medical is likely within a few weeks at most.

Sorry if I came across as rude.:o

I wasn't sure if I misunderstood your original post or not.:)

Muttleythefrog

moneysaverboy wrote: »

My friend is being 'migrated' to ESA at the moment. She got her original form mid July, had to send it back by End of August and I think actually returned it about Mid August. She just got her letter from them a couple of days ago telling her she's been put into the work related activity group even though she's been unable to work for 15 or so years because of her health. They've said they'll send her another letter with dates on it for when she's got to go have her first work focussed interview, and it says she's got 1 month from the date of the letter to appeal so I doubt they'll set up the interview for at least 1 month (or am I perhaps being naieve with that thought).

The Work focussed interviews aren't much to worry about unless getting about is a real problem. Not sure about the timing... it took me 12 months to have my 3 month assessment phase..lol... I had all 6 WFIs before being put in the Support Grp and thus being exempt from them..lol. I would say expect them not to wait for the 4 weeks (or 6 weeks if requesting a statement of reasons for decision... something I would advise she asks for along with all evidence used for decision especially if considering challenging it) before trying to start the WFIs.. but only in the sense I don't think they will place a delay on the basis an appeal may be forthcoming.

But regarding appeal. Obviously there would be a risk. And it's worth impressing on her that to win at appeal (or in automatic reconsideration done by DWP before sending papers off to tribunals service) she's going to have to, on the balance of evidence, convince them a (or several) support group descriptor applies.. or that a special circumstance for Support Gp applies. Getting WRAG means they judged there is significant limitations in capacity to work... they won't be expected to work.. but they may be required to do these WFIs and then there is that Work Programme thing others will have more knowledge of that may also apply.

moneysaverboy

Muttleythefrog wrote: »

The Work focussed interviews aren't much to worry about unless getting about is a real problem. Not sure about the timing... it took me 12 months to have my 3 month assessment phase..lol... I had all 6 WFIs before being put in the Support Grp and thus being exempt from them..lol. I would say expect them not to wait for the 4 weeks (or 6 weeks if requesting a statement of reasons for decision... something I would advise she asks for along with all evidence used for decision especially if considering challenging it) before trying to start the WFIs.. but only in the sense I don't think they will place a delay on the basis an appeal may be forthcoming.

But regarding appeal. Obviously there would be a risk. And it's worth impressing on her that to win at appeal (or in automatic reconsideration done by DWP before sending papers off to tribunals service) she's going to have to, on the balance of evidence, convince them a (or several) support group descriptor applies.. or that a special circumstance for Support Gp applies. Getting WRAG means they judged there is significant limitations in capacity to work... they won't be expected to work.. but they may be required to do these WFIs and then there is that Work Programme thing others will have more knowledge of that may also apply.

I'll certainly tell her about the requesting a statement of reasons for decision, and all evidence used for decision making as I don't know if she's aware she can even do that. Would be interesting to see how they've decided that she's going to be fit to work without even meeting her, they don't seem to base their reasoning on anything concrete half the time as far as I can tell.

Not sure what you mean about WFIs and Work Programme, or what the risk would be in appealing - I suppose you mean they could decide she doesn't qualify for anything? - Somehow doubt they could figure that one tho as she's got fibromyalgia and chronic fatigue syndrome, ibs, partial hearing loss and some other stuff I can't think of right now. I still can't work out myself how they think they're gonna get her into a position where she's able to work.

Actually, I wonder if they ever send people to this group and then someone there decides that they're NOT fit to work and they get moved into the other group - does anyone know if this occurs ever?