ESA - should I continue appeal?

jon.h1

I'm new to this forum so please bare with me. I'm a bit stuck with what to do next so thought I would ask for some advice. I will try and keep it brief but my situation is a bit complicated.

I've been on income support and DLA for about 4 years now and have just been assessed and refused ESA. There is no way that my condition will allow me to work at the moment so I was advised to appeal. I informed Jobcentre plus that I wanted to appeal and was told that I will need to get a doctors note to send with my appeal so I can continue to receive benefits - which will not be a problem. My original plan was to do that on Tuesday and then send it off (recorded delivery).

At the same time I have been going through the process of applying for early payment of my civil service pension as, if I was still in the job, I would have been retired on ill health grounds by now (even though I'm only 38). One of the reasons for applying for the pension was that I want to move in with my partner at some point (at which time I will lose my income support because he is earning above the threshold) and we would really be stretching ourselves (council tax, prescription charges, travel etc.) My pension isn't much - £2,300 a year - but enough that we could manage.

Anyway, yesterday I received a letter saying that I have been awarded my pension (I will receive my first payment on 04/11/11) - which is great - but I am now not sure what to do.

Do I now not send off my appeal and let my benefit end (my last payment date will be 26/10/11) and then move in with my partner, or, should I continue with my appeal for now until we decide what to do? I'm a bit worried that if I end my appeal now they will assume it's because I agree with their decision - after all it will seem a bit coincidental! What will happen if my partner loses his job or I decide to move out and I need to claim again? Will they take the fact that I stopped my appeal this time against me in future? Also, more importantly at the moment, will this then affect my DLA?

If anyone has any advice it would be really appreciated.

Thanks

Jon

suelees1

IMO you should continue with the appeal. If it's upheld you might (depending on how much IS you get now) be awarded additional benefit and so may well have some arrears due. So what you're looking at is arrears and then any future entitlement because you would still have some ESA even with your pension.

Why do you think your ESA would end on 26.10.2011? You continue to be paid the assessment rate throughout the appeal process. From what you've said about your pension you should still be entitled to some ESA as a top up to £67.50pw.

I would give some thought to claiming JSA while your appeal is ongoing as that way you will be entitled to the disability premium with the JSA (then less any pension payments). It won't jeopardise your appeal.

When you move in with your partner and are no longer entitled to any ESA due to excess income you should continue with your claim and submit sick notes for your National Insurance credits towards your pension and/or other possible benefits in the future. Additionally if as you say anything happens and your partner is out of work you will then be entitled to ESA at the rate awarded if you appeal is successful.

If you do decide to withdraw the appeal it doesn't matter what the Jobcentre thinks. To be honest they won't even look into it.

Whatever you decide it should affect your DLA.

jon.h1

Hi all, I've discussed this with my partner last night and we have decided to move in together next week. We understand that I will not be entitled to any payment of ESA as I am coming off IS which will mean I will be on income based ESA and between me and my partner we will have excess income (he is a higher rate tax payer).

So we feel it is not worth going forward with the appeal as if it is successful we would not recieve any payments at all anyway.

However what we are worried about is that by not following through with the appeal our decision is not taken with prejudice, i.e. by not going through with the appeal, is not acceptance that I am fit to work.

The reasons for this is because I am also recieving DLA and do not want this benefit being withdrawn because it has been deemed that I am fit to work.

The other consideration is that by dropping my claim and not claiming any thing, I am worried about the future impacts of the decision should my cirucmstances change, e.g. splitting up with my partner, or he dies (we are currently engaged). I know from the experience of others that an incomplete national insurance record can come back to haunt one many years, even decades later.

jon.h1

suelees1 wrote: »

Whatever you decide it should affect your DLA.

Thanks, for the reply, can I check the last part of your post.

suelees1

jon.h1 wrote: »

Thanks, for the reply, can I check the last part of your post.

Oh yes sorry, it was a typo and it was meant to read "...should NOT affect your DLA"

One word makes such a huge difference !

suelees1

The choice must be yours.

Wouldn't it be worth proceeding even if just to have National Insurance credits if the appeal is successful? If you decide against it you can reclaim ESA six months after having an adverse decision and will again get the credits.

Whatever you decide I wish you both good luck with your new living arrangements

sunnyone

suelees1 wrote: »

Oh yes sorry, it was a typo and it was meant to read "...should NOT affect your DLA"

One word makes such a huge difference !

Your wrong, there are incresing more and more people having ESA WCA reports used to decide on DLA, people have even been reassessed from indefinate DLA awards and lost thier DLA down to failing the WCA.

jon.h1

sunnyone wrote: »

Your wrong, there are incresing more and more people having ESA WCA reports used to decide on DLA, people have even been reassessed from indefinate DLA awards and lost thier DLA down to failing the WCA.

I've have checked this out, and this indeed the case and si I'm going to appeal.

I've just recived my report from my medical and it is very damming (but heavily biased)

I'm going to appeal on the grounds that some of the statements in my medical report are absolutley baseless

such as

"The evidence does not suggest the client has a condition which means there would be substantial risk to the mental or physical health of any person if they were found capable of work or work related activity"

As a sufferer of MS and having to take a cocktail of medications I am not allowed to drive, and I guess not allowed to do similiar activites such as operate equipment.

However there are couple of things I would to appeal on, could I have some advice as to wether they are valid

1) Medical report is biased and contradicts itself, e.g. "client failed to bring his medication to the assessment", "client had no difficulty reading and identifying his medication"

2) The other is that after reading the medical report, it looks like it was written by a semi literate imbecile, report is fully populated by spelling and grammar errors. Lack of full stops and capital letters, etc,etc. The report is so poorly written that I have severe doubts that the person who compiled the report was a medical profession ( I was assessed separatly to everyone else on my day and was given an assessment by a so called doctor)

suelees1

sunnyone wrote: »

Your wrong, there are incresing more and more people having ESA WCA reports used to decide on DLA, people have even been reassessed from indefinate DLA awards and lost thier DLA down to failing the WCA.

Read my wording. I said "should not" not "will not".

PDCS would probably (note probably) have sent out any adverse DLA decision by now as it's usually (note usually) done at around the same time if (note if) it's going to affect DLA