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Claiming DLA and Esa

colpol1
colpol1 Posts: 51 Forumite
edited 9 August 2013 at 4:37PM in Benefits & tax credits
A big thanks to all those that were understanding to me.
«13456717

Comments

  • DLA is for care and/or mobility needs - do you have any of these?

    ESA is an out of work benefit for people who are too unwell to work. Personally I would seek help from my GP first.
  • colpol1
    colpol1 Posts: 51 Forumite
    DLA is for care and/or mobility needs - do you have any of these?

    ESA is an out of work benefit for people who are too unwell to work. Personally I would seek help from my GP first.

    See I am not sure if I have any, all I know is I have panic attacks, feel extremely low all of the time, struggle to leave the house, cry ect..so I thought that would count as DLA? And wouldn't depression fall under 'unwell?' :( I am so confused
  • Oldernotwiser
    Oldernotwiser Posts: 37,425 Forumite
    On what grounds have you been claiming JSA since the age of 16 as you can't usually do so?
  • Muttleythefrog
    Muttleythefrog Posts: 20,537 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 12 January 2012 at 12:08AM
    I've pretty much exhausted treatment options regarding NHS and Mental Health problems so I may end up in same boat. My reading of it is that it won't help your case to appear to be getting no treatment, observation etc... as that can be indicative of level of disability/illness in general terms. In fact the DWP A-Z of medical conditions that describes typical care/mobility considerations amongst other things does include likely treatment etc. http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/
    You can explain that you've had treatments and they've failed etc... in fact I'd suggest strongly you do so that they recognise the medical profession has taken your health problems as such necessary to require treating. But it is improtant to note that not receiving treatment is no barrier to either ESA or DLA awards. And it is important to note the benefits are awarded on the basis of effects of illness/disability... and not the diagnosis itself. The issue of claiming JSA.. well unless there is any factual discrepancy that arises then probably not a problem... I mean if you say in DLA application that you need someone to supervise you outdoors most of the time but have been actively attending job clubs and interviews without any then you'd have a problem.

    To initially claim ESA you'll need medical certificates from GP (or similar) to say you're currently unable to work. This qualifies you for ESA assessment rate... you get assessed for entitlement for the main phase of ESA around week 14 of claim (if running to schedule). That assessment (Work Capability Assessment -WCA) will include almost certainly your completion of an ESA50 form, any other medical evidence you provide, or the DWP have (not likely any in your circumstances) or request, and potentially a face to face medical (I'd suggest that is quite likely in your case as they'll likely need it for fact finding) with a company called ATOS Healthcare. The WCA outcome is determined by a DWP Decision maker based on evidence available (often quite reliant on the ATOS report from face to face medical) in accordance with the the benefit criteria. You can read up on the descriptors for ESA's two main phase groups which you could qualify for (WRAG and Support Group). ESA would be in effect your replacement for JSA... out of work benefit for those unable to work versus out of work benefit for those able and looking to work.

    DLA on the other hand you've nothing to lose. Can be heavily dependant upon supporting evidence... having a helpful GP or other medical practitioner invovled in your treatment, diagnosis or care can be really helpful. A clued up GP who understands the benefit criteria may actually be about the most significant factor in your case as to whether you'd easily get an appropriate award. It helps to have someone who understands the technicalities of DLA to help complete the application form too. (You'll need to have had the care and/or mobility needs for 3 months and expect them to last more than 6 more months from memory). You can get DLA if in work... it isn't means tested.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • davsidipp
    davsidipp Posts: 11,514 Forumite
    not a clever troll this time.
    Before you point fingers,make sure your hands are clean !;)
  • colpol1
    colpol1 Posts: 51 Forumite
    On what grounds have you been claiming JSA since the age of 16 as you can't usually do so?

    I was kicked out of home when I was 16 so because of that reason I was entitled to claim.
  • colpol1
    colpol1 Posts: 51 Forumite
    I've pretty much exhausted treatment options regarding NHS and Mental Health problems so I may end up in same boat. My reading of it is that it won't help your case to appear to be getting no treatment, observation etc... as that can be indicative of level of disability/illness in general terms. In fact the DWP A-Z of medical conditions that describes typical care/mobility considerations amongst other things does include likely treatment etc.
    You can explain that you've had treatments and they've failed etc... in fact I'd suggest strongly you do so that they recognise the medical profession has taken your health problems as such necessary to require treating. But it is improtant to note that not receiving treatment is no barrier to either ESA or DLA awards. And it is important to note the benefits are awarded on the basis of effects of illness/disability... and not the diagnosis itself. The issue of claiming JSA.. well unless there is any factual discrepancy that arises then probably not a problem... I mean if you say in DLA application that you need someone to supervise you outdoors most of the time but have been actively attending job clubs and interviews without any then you'd have a problem.

    To initially claim ESA you'll need medical certificates from GP (or similar) to say you're currently unable to work. This qualifies you for ESA assessment rate... you get assessed for entitlement for the main phase of ESA around week 14 of claim (if running to schedule). That assessment (Work Capability Assessment -WCA) will include almost certainly your completion of an ESA50 form, any other medical evidence you provide, or the DWP have (not likely any in your circumstances) or request, and potentially a face to face medical (I'd suggest that is quite likely in your case as they'll likely need it for fact finding) with a company called ATOS Healthcare. The WCA outcome is determined by a DWP Decision maker based on evidence available (often quite reliant on the ATOS report from face to face medical) in accordance with the the benefit criteria. You can read up on the descriptors for ESA's two main phase groups which you could qualify for (WRAG and Support Group). ESA would be in effect your replacement for JSA... out of work benefit for those unable to work versus out of work benefit for those able and looking to work.

    DLA on the other hand you've nothing to lose. Can be heavily dependant upon supporting evidence... having a helpful GP or other medical practitioner invovled in your treatment, diagnosis or care can be really helpful. A clued up GP who understands the benefit criteria may actually be about the most significant factor in your case as to whether you'd easily get an appropriate award. It helps to have someone who understands the technicalities of DLA to help complete the application form too. (You'll need to have had the care and/or mobility needs for 3 months and expect them to last more than 6 more months from memory). You can get DLA if in work... it isn't means tested.

    Thank you for your help, I am still very confused about everything but this has helped!
  • You don't get DLA for being unwell, or even for having a disability. You get it if you need help as a result of illness or disability.

    As for depression, it is a condition that varies greatly, but can improve with help from your GP. That is why I suggested seeing him/her first. I was diagnosed with depression last year - I don't work, but I am full time carer for my severely disabled child. I don't consider myself unwell. I do know that I have panic attacks (I can be in tears just thinking about opening emails - strange, I know!). I often feel low, sometimes I don't want to get out of bed, never mind leave the house. There are days that I just cry. But I still don't consider myself unwell.

    I look at ways of improving my feelings. Sometimes I go to the local carer's centre and see someone there - often just talking and crying for three or four hours while my children are in school. I make myself get up out of bed. I set myself small targets on days that I am struggling. For my emails, I sometimes make myself just open the account, then go to make myself a cup of coffee. I might not read the titles of the emails for a few hours, but I have made progress by opening up my account. Then I will read the titles of the new emails - deleting those that I know are junk. I don't always manage to read the ones that I should read, but I know that I will eventually, just maybe not today.

    Being long term unemployed doesn't help depression. Have you considered voluntary work? It could lift your spirits and help you towards future employment, as well as giving you something positive in your life. You do need to inform the job centre if you volunteer, and be prepared to give up any voluntary work if you are offered a job, but it is definitely worth considering.
  • colpol1
    colpol1 Posts: 51 Forumite
    davsidipp wrote: »
    not a clever troll this time.

    I'm not a troll..?
  • colpol1
    colpol1 Posts: 51 Forumite
    You don't get DLA for being unwell, or even for having a disability. You get it if you need help as a result of illness or disability.

    As for depression, it is a condition that varies greatly, but can improve with help from your GP. That is why I suggested seeing him/her first. I was diagnosed with depression last year - I don't work, but I am full time carer for my severely disabled child. I don't consider myself unwell. I do know that I have panic attacks (I can be in tears just thinking about opening emails - strange, I know!). I often feel low, sometimes I don't want to get out of bed, never mind leave the house. There are days that I just cry. But I still don't consider myself unwell.

    I look at ways of improving my feelings. Sometimes I go to the local carer's centre and see someone there - often just talking and crying for three or four hours while my children are in school. I make myself get up out of bed. I set myself small targets on days that I am struggling. For my emails, I sometimes make myself just open the account, then go to make myself a cup of coffee. I might not read the titles of the emails for a few hours, but I have made progress by opening up my account. Then I will read the titles of the new emails - deleting those that I know are junk. I don't always manage to read the ones that I should read, but I know that I will eventually, just maybe not today.

    Being long term unemployed doesn't help depression. Have you considered voluntary work? It could lift your spirits and help you towards future employment, as well as giving you something positive in your life. You do need to inform the job centre if you volunteer, and be prepared to give up any voluntary work if you are offered a job, but it is definitely worth considering.

    I have an appointment on Friday to finally talk about it, I have left it so long but I think it needs to be done, especially if it helps with my claim.
    I have tried to do things, I have tried voluntary but I can not do it, I was very anxious the whole time and didn't feel comfortable, I couldn't go through with that again :(
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