Need some help ASAP

Patronus

Hello everyone.

My Mother went for an ESA assessment in September, she is being transferred from Incapacity. She just got the decision back today and they say she isn't entitled to it. She scored 0 points on everything!

This is ridiculous and the fact that 0 points have been given baffles me. They claim she can move more than 200 metres on flat ground which is ridiculous as she cannot. She couldn't even in a wheel chair as she has severe arthritis in her hands!

She has been told she will receive her last Incapacity payment on the 26th December. She phoned up and they told her there's nothing they can do, they are sending her the appeal form but in the mean time she won't be paid anything.

She is extremely distressed. If she has no benefit coming in she will lose her housing benefit etc and is extremely worried she will lose her house. She's very very upset. Surely there must be something she can do as well as appealing?

Her problems are severe fibromyalgia (?) and arthritis. They told her if she claims job seekers allowance her appeal won't go through. How can they leave her dangling with no money??? :mad:

OH but it's OK, the guy on the phone said it will all be back dated if she is successfull in the appeal. Um, thanks! What do we do in the mean time? :eek:

If she tells the housing benefit people she is appealing, will they continue to pay her housing/council tax?

Please help, she is extremely distressed and upset over this.

Anubis_2

I am pretty sure she will still get assessment rate during appeal but I think she may have to send a sick note in.

I haven't been on here for a while and things may have changed, but I am sure someone will be able to assist you soon.

Patronus

Anubis wrote: »

I am pretty sure she will still get assessment rate during appeal but I think she may have to send a sick note in.

I haven't been on here for a while and things may have changed, but I am sure someone will be able to assist you soon.

But as of the 26th December she won't be on any benefit as she was being transferred so she wasn't technically ever on ESA. I'm really confused. The people on the phone were no help, just said she has to appeal and in the mean time her money will be stopped.

I was always under the impression she should still be paid some sort of money to cover her during the appeal time but not sure how it works when you're being transferred.

seeya23

you still get esa while you are appealing at the flat rate i think it.s £65 a week but you need to get a fit/sick note off your gp till appeal phone up and ask for copy of medical assessment where you got 0 points i think Incapacity appeal rate is £35 a week

Patronus

seeya23 wrote: »

you still get esa while you are appealing at the flat rate i think it.s £65 a week but you need to get a fit/sick note off your gp till appeal phone up and ask for copy of medical assessment where you got 0 points i think Incapacity appeal rate is £35 a week

They sent us a copy of the medical assesment, there is 0 points on everything. It baffles me. How does she go about ensuring this money is paid? Who does she call? What does she say? Because the last people she spoke to told her she won't get anything!

Anubis_2

Her incapacity benefit will stop, however she should get appeal rate but she will need to send a sick note in. Ring the BEL they will put your mind at ease and let you know exactly what the score is

http://www.direct.gov.uk/en/Dl1/Directories/DG_10011165

seeya23

What happens if I do not pass the test?

If you do not pass the medical test for ESA you will no longer be entitled to IB, SDA or IS and you will have to consider claiming another benefit.

Appeals

If you are refused ESA because you did not pass the medical test you can appeal. You will be paid the basic rate of ESA while you are waiting for your appeal to be decided.

[FONT=&quot]If you are not awarded ESA because you have not responded to a letter from Jobcentre Plus, or you have not attended a medical examination as requested, you can appeal against the decision, but the DWP will not pay your ESA while you are waiting for the appeal[/FONT]

clouty

Hi Patronus, loads of really ill people get no points at the medical, but if they have help with the appeal, from CAB, DIAL, benefitsandwork.com or similar, something like 70% overturn that decision, so don't worry too much, but get all the evidence you can to back your mother's claim in preparation.

Go through the medical report, and respond to it point by point. You may find that it is full of inaccuracies, most people do.

While waiting for the appeal (which can take six months to arrive) your mums Housing Benefit should not be affected. Do get help, and take it methodically.

The ESA medicals are notoriously inaccurate. Don't take it personally, it's just a stupid broken system. Good luck.