Stopped my IS - Moved to ESA..

planetred

Hi guys,

I have been claiming Income Support for the past 6 months along with Housing Benefit.

I have been out of work due to 3 prolapsed discs, severe sciatica in the right leg. I've had 4 MRI scans and 2 major surgical operations, both of which have failed miserably.

Without going into too much detail, the pain which is constant, severe and disabling makes the things I used to take for granted impossible to do.

The other day I failed an ATOS interview, for which I "scored" a shocking 0 points. Less than a week later, all my benefits were subsequently cut off. I'm now essentially broke and homeless (well not quite, but I'm in a flat-share so sooner or later, I'll be out the door) with only a couple days warning.

Upon appealing I was advised to go to my local Job Centre where after 5 hours of investigating and much deliberating between my "advisor" and Glasgow (head office I think?), it was revealed that I had manually been moved to ESA. Why my advisor was investigating is because he said it was strange that ESA is showing up as my benefit when I had never applied for it.. Indeed.

I filled out a G-something or other to appeal the decision but was warned it could take 6weeks+ for a decision one way or another.

I'm confused, scared and alarmed at the way I have been treated, having worked for 25 years straight. I am not a benefit cheat - never even had JSA before. I wish I could still work. I wish I could still do a lot of things.

Not happy with ATOS!

Any idea about what I can do next? Is this normal?

Appreciate any help/moral support.

Thanks,

Mike

KPanton

I don't have much advice, but I'm sorry to hear that, and I'm having daily worries every time the letterbox swings, wondering if it's my summons to ATOS to tell me I'm 'fine' too.

I'd personally ask friends and family for help, and get an appointment with your local CAB, and make sure you get the appeal chased up. It's only what I've read online, but it seems the vast majority of people seen by ATOS get zero points, then they rely on people appealing against the verdict. To me that's an underhanded and insensitive way of dealing with things, and designed to punish those incapable of fighting for what they are entitled to.

Maybe get in touch with relevant charities too, if they can highlight your case it may help, I think you've got to use anything you can against these people. You're obviously not defrauding the system, but it seems the system is now just trying to lower the claimant numbers by a percentage at any cost, sadly.

I also hope you get a more useful reply, but I was damned if I was going to see it pass without any comments Best of luck and I hope they see sense and overturn the idiotic decision soon and backdate every penny they're robbing you of, they need reminding that with 25 years paying tax under your belt, you're just claiming a bit of your own damn money back!

rogerblack

planetred wrote: »

Hi guys,

I have been claiming Income Support for the past 6 months along with Housing Benefit.
<snip>
I filled out a G-something or other to appeal the decision but was warned it could take 6weeks+ for a decision one way or another.

As I understand it.
The advisor is confused.
It's quite normal for people on IS on grounds of sickness to be moved to ESA, this is happening (slowly) to all claimants of IS on grounds of sickness.

Whether you're entitled to ESA is a separate question.
First thing to do is to contact the council, and to inform them that as of the change you have no income.

Secondly - though the decision may take a long time, your ESA should be restarted at the assessment rate while the appeal takes place.

Thirdly - read and understand the ESA criteria - http://www.dwp.gov.uk/docs/m-06-11.pdf - and work out which apply to you.

If you want more advice on descriptors, you'll need to post more as to how these affect your walking.

Phone up, and ensure your appeal has been received.
Did you send it registered post?

BigAunty

planetred wrote: »

...

The other day I failed an ATOS interview, for which I "scored" a shocking 0 points. Less than a week later, all my benefits were subsequently cut off. I'm now essentially broke and homeless (well not quite, but I'm in a flat-share so sooner or later, I'll be out the door) with only a couple days warning.

..

Re-apply for housing benefit - it's based on income I don't understand the process enough to know why it's ceased but get it started again. If after two weeks your claim has not been processed but you've submitted all the correct info, you can ask for an interim housing benefit payment.

See the Shelter website about your tenancy rights.

Unless you are a lodger with a live-in landlord, you cannot be evicted with a couple of days notice. What kind of contract do you have - are you within the fixed term of your tenancy agreement, for example, or do you have a periodic tenancy (one where the fixed term has elapsed)?

If you do not leave of your own volition, a landlord is obliged to serve the correct notice and then take you to court to secure possession. It is a criminal and civil offence to illegally evict a tenant.

You probably have a lot more security of tenure than you think, even with rent arrears. Shelter will help you identify your rights. They also have information on how to cope with rent arrears.

BigAunty

BTW, I'm surprised that your claim for Income support succeeded as it tends to be paid to top up other benefits, such as child tax credits for lone parents or given to vulnerable teenagers in education that are estranged from their parents, for example.

On this forum, I've not come across anybody with an illness or injury claiming IS instead of ESA though the Direct Gov website does indicate this as a possibility.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/On_a_low_income/DG_10018708

lyndac40

On this forum, I've not come across anybody with an illness or injury claiming IS instead of ESA though the Direct Gov website does indicate this as a possibility.

Hi BigAunty.
My hubby and I claim IS for a illness after losing an ATOS appeal and my ESA stopping. I only wish I had known I could have been on IS rather than ESA.

Lynda xxx

planetred

Hi guys,

Thanks for all your helpful replies - I really do appreciate every last contribution made.

To summarise my understanding and questions:

- I believe I've been moved from IS (formerly IB) to ESA
- However, they are still determining whether or not I am actually eligible for ESA at all
- This means I'm receiving no support for this interim period (is that right?)
- Will this effect my housing benefit claim?
- What are the main differences between IS and ESA?

Thanks again all,

Mike

BigAunty

lyndac40 wrote: »

...

Hi BigAunty.
My hubby and I claim IS for a illness after losing an ATOS appeal and my ESA stopping. I only wish I had known I could have been on IS rather than ESA.

Lynda xxx

Well, that's the thing. I'm no expert on IS but I didn't believe that a claimant can select it instead of JSA or ESA, I don't believe it is way of getting out of an ESA assessment, so that's why I was confused about the OPs post but it's been clarified now.

lyndac40

Hi planetred.

My hubby and I can only claim Is because I get DLA and he claims CA for me.

Sorry not sure about any of your other questions I don't want to give you the wrong advice so I will leave to the people who know better then me.

BigAunty.

I will have to go back on ESA eventually I have no doubt about that. As above you can't select it you have to be getting CA to be able to claim IS for a disability.

planetred

Hi,

Just to confirm - I do not know why I was on IS.. I think it was historically called incapacity benefit?

All I know is I was on IS. Then, a week ago, I received a letter saying that I had scored 0 in my ATOS assessment and would be ineligible to claim ESA - even though I have never filed to claim ESA.

So, presumably, with one ATOS swoop, they've quite suddenly concluded that despite nothing changing in my medical circumstances (no improvements), that I am now eligible to work and ineligible for any benefits whatsoever.

So yesterday I sent a g-something or other, along with a doctors note which explained how in the docs eyes, I was ineligible for any work. My questions are..
How long does this appeal process take?
How will I support myself in the meantime?
Will my Housing Benefit cease?
What if they reject this written appeal?

Thanks in advance for all the help thus far.

Mike

lyndac40

How long does this appeal process take?
How will I support myself in the meantime?
Will my Housing Benefit cease?
What if they reject this written appeal?

So yesterday I sent a g-something or other, along with a doctors note which explained how in the docs eyes, I was ineligible for any work.

I am confused about this part of your post. If you are ineligible for any work how did you score 0 points.

My appeal for ESA took about 14 weeks.
You should get ESA at assessment rate while you wait for appeal.
You can then reclaim housing benefit, although if you have no income you need to tell the council.
The g something form is the start of the appeal.

Lynda xxxx