Stopped my IS - Moved to ESA..

flexrider

planetred wrote: »

Hi guys,

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


i would not worry its the Goverments will of or naming their benefit ESA has Changed from INcome suppor/Incapcatiry benefit hence you have been changed over and been assessed

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.

THis is normal for them to do there kicking all ill disabled and other people off the system rules of a stupid testing that does not look at the person its more based on phyical then the persons conditions i suggest you have a read of this CAB report it will show you what CAB Scotland have suggested and some help in the two links i sent you to make more understanding of ESA

http://www.leger.me.uk/ESA%20issues/ESA%20Issues.pdf
http://www.cas.org.uk/NR/rdonlyres/A5216FB1-8B09-4DB6-A621-01F0363F84AD/0/CRWorkcapabilityassessment.pdf

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.

GL24 I suspect....It about the size of a fag box to comment in you should use the link i provided above it shows how they enable the points using discriptors, All the testing Atos and DWp do is set up for them to win i am afraid you could appeal but later on you have to go through again.YOur best writing a appeal to the benefit office whos looking at your claim and getting all evidence form your GP documentated and copied...Create a paper trail dont conversate over the phone, Get enough evidence as you can for the appeal if you do decide to appeal and Think about how much pain you get witj your disabilitys which match the descriptors

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.

DO not take it personal we Have a ditactorship Goverment who don't know how to straighten a ecomary or get jobs from the press this week there paying companies to pretend there dealing with um-employment vast amounts in this workfare program. anyway Try and relax they want to wound you up make you look like a shyster or work shy. How Ian Duncan Smith think there all millionares who don't have a clue how the common man with disabilitys or problems survive, Suggest to go seeing CAB and get Your MP also involved,

Not happy with ATOS!

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

See above

Appreciate any help/moral support.

Thanks,

Mike

see all my comments above dam error in Mse after i worte it out

planetred

Thanks for your reply and to everyone else!

I've re-done my covering letter and directly referenced descriptors to medical evidence.

Only the physical activities relate to me.. The mental, cognitive and social I am actually OK with. Would that still qualify me?

rogerblack

You need 15 points - from whatever activities.
In addition - do not think what your 'real problem' is.
Consider someone impartial having followed you around 24 hours for a couple of weeks.
Could they make a reasonable argument as to any of the mental descriptors.
For example - does your illness make you reluctant to go out because of what others think.

Muttleythefrog

Yep.. as per Roger/Scarlet... definitely focus on all the descriptors you feel apply (the highest scoring in each relevant category) and any support group descriptors... don't leave anything to chance by focussing on just one descriptor which would qualify you. 15 points total or more from the 17 categories qualifies you for WRAG (only the highest scoring applicable descriptor in each category is applied)... any Support Group descriptor qualifies you for that group.

planetred

Hi all,

Thanks for the help you all provided in helping me put together my appeal case in February.

It's now mid-May and today I received a letter from the Job Centre Plus, as below, along with copies of all the evidence I sent off in the initial appeal letter.

What exactly does this mean? Presuming not a good thing, as they could have overturned their rejection decision themselves right?

Their notes basically say that they stand by their decision to "score" me 0 points for the limited capability for work assessment.

I have just received my 4th MRI scan results and the doctors have diagnosed me with a chronic spinal condition. I can't sit or stand for longer than 10 or so minutes, I have back spasms in the day/night, can't lift anything, or bend and as a result, am now eating or sleeping properly and found myself depressed and at a real low-point.. Compounded by this latest news.

Why do they not understand what this is like? How can they disagree with medical professionals?

I have no idea what I'd do if they cancel my benefit. As it is, while I've been on the cut-down benefit, I only have £8 a day to live on!



Any help appreciated .

Mike

Anubis_2

Has the new diagnosis happened after they reconsidered?

Ellejmorgan

I also have this condition exactly as you but also in my neck..
I've also had 2 ops which have failed, now have spinal wear, foot drop, arthritis, and my ankle and foot reflexes have gone..
I also have the equivelent in neck which i'm having surgery for..

I'm on ESA in the WRAG and have been for 3 years..
When I first claimed I had just had an op for my lower back, didn't know about anything other than I had sciatica, I was still placed in the WRAG..

dreamylittledream

planetred wrote: »

Hi all,

Thanks for the help you all provided in helping me put together my appeal case in February.

It's now mid-May and today I received a letter from the Job Centre Plus, as below, along with copies of all the evidence I sent off in the initial appeal letter.

What exactly does this mean? Presuming not a good thing, as they could have overturned their rejection decision themselves right?

Their notes basically say that they stand by their decision to "score" me 0 points for the limited capability for work assessment.

I have just received my 4th MRI scan results and the doctors have diagnosed me with a chronic spinal condition. I can't sit or stand for longer than 10 or so minutes, I have back spasms in the day/night, can't lift anything, or bend and as a result, am now eating or sleeping properly and found myself depressed and at a real low-point.. Compounded by this latest news.

Why do they not understand what this is like? How can they disagree with medical professionals?

I have no idea what I'd do if they cancel my benefit. As it is, while I've been on the cut-down benefit, I only have £8 a day to live on!



Any help appreciated .

Mike

Don't panic (yet).

This just means that the reconsideration by another DWP decision maker has upheld the original decision. To be fair its fairly unusual for reconsideration to come up with a different decision (generally means the original DM missed something glaring).

The decision of the Tribunal Service is the important one - and whilst that is pending you will continue to receive ESA payments at the Assessment rate (providing you continue to provide med certs).

As a side note by the time this all pans out and in the event that you lose the appeal at the tribunal if it has been over six month since the original disallowance you can just reapply for ESA and start the whole sad cycle off again (and yes you will get paid pending a WCA medical and then if failed paid again pending an appeal decision from tribunal).

ESA really is a crazy benefit...

planetred

Ellejmorgan wrote: »

I also have this condition exactly as you but also in my neck..
I've also had 2 ops which have failed, now have spinal wear, foot drop, arthritis, and my ankle and foot reflexes have gone..
I also have the equivelent in neck which i'm having surgery for..

I'm on ESA in the WRAG and have been for 3 years..
When I first claimed I had just had an op for my lower back, didn't know about anything other than I had sciatica, I was still placed in the WRAG..

What does WRAG mean again? I forget the abbreviations..

dreamylittledream wrote: »

Don't panic (yet).

This just means that the reconsideration by another DWP decision maker has upheld the original decision. To be fair its fairly unusual for reconsideration to come up with a different decision (generally means the original DM missed something glaring).

The decision of the Tribunal Service is the important one - and whilst that is pending you will continue to receive ESA payments at the Assessment rate (providing you continue to provide med certs).

As a side note by the time this all pans out and in the event that you lose the appeal at the tribunal if it has been over six month since the original disallowance you can just reapply for ESA and start the whole sad cycle off again (and yes you will get paid pending a WCA medical and then if failed paid again pending an appeal decision from tribunal).

ESA really is a crazy benefit...

Wow, I didn't know you could re-apply after a 6 month period. Crazy indeed.

However, I'm more concerned about all the stress of a tribunal to be honest. It took me literally days to put together all of my appeal notes and was really hoping they'd overturn the decision in-house.

On another note, I have received notes back from the neurologists following my latest MRI scan. The results were not good. How do ensure these latest notes are included in the case?

Regards,

Z

epitome

Some things need clarifying here and some things need correcting.

You can make a new claim to IS for an illness as a top up to SSP or a top up to IB if you have a partner. People on on SSP are not entitled to ESA.

The OP says he was "on IS for 6 months". If this was an IB/IS migration to ESA he would have had to have been on IB/IS since before 2008 - not for the last 6 month only

If the OP was only on benefits for the last 6 months (at the time of posting) it was either a top up IS to SSP, A recent IS top up to IB for a partner (new partner?) or IS based on another IS qualifing condition i.e.

• lone parent w child under 7
• In receipt of carers allowance
• 28 wks pregnant or recently had baby
• Taking parental leave from work
• refugee learning English who arrived less than a year ago
• under 20 on a course of F/T non advanced education started before turning 18
• A witness attending court

this list is not exhaustive (but it almost is)


OP, please clarify the above and could you answer the following

Did you start getting paid on appeal?
Do you have a partner?
If yes, do they work? How many hours per week?
is anyone getting any pension?
How old are you/both?
Do you have savings of
more than £6000? if so how much?
more than £16000? Y/N


Thanks

planetred wrote: »

How do ensure these latest notes are included in the case?

You forward it to the Benefit Centre "In support of my appeal"