minimum amount to live on

yummy-mummy-amy

hi,

thanks for your replies.

GP note was sent with appeal forms, stating he is not fit for work in her opinion.

we have got the CAB involved who are helping with the appeal. they believe benefits are asking us to live on a stupid amount below average. and we have £780 more going out than coming in - due to mortgage and council tax, free school meals etc.

we have managed to get a 1-off extra payment from tax credits due to the ESA stopping, but this will be taking out of ESA if they re-instate it.

we have asked for ESA at assessment rate and were told we can't get it, BUT if the appeal goes in our favour we will get ESA backdated.

as for the 65% hubby can turn his neck - that was copied from the consultants medical report - so not just a figure or % i'm using.


the mortgage company have agreed to accept £50 a month for the next 3months on the grounds that we send them copies of benefit letters etc and keep them informed - they said most people dont ring to inform them of problems like this, and they will try and help as much as they can.


we have got an appointment next with with a benefit advisor who has said she will go through everything and see what she can do for us.

Anubis_2

we have asked for ESA at assessment rate and were told we can't get it, BUT if the appeal goes in our favour we will get ESA backdated.

What reason have they given for not paying you assessment rate? As I said my friend is having the same issue and I am wondering if a new rule has been implemented from now.

Lady_strange

Call the benefits delivery center for your area, get a supervisor to call you back, that is what we have done, every day for the last week and a half, to ensure we get the assesment rate whilst our appeal is waiting to be heard. Also send in fitnotes, and see if your doctor will do a letter stating that your husband is in no way shape or form able to go back to work at this present time.

We have had to do this, along with getting a letter from our benefits advisor, and we have also sent off a massive complaint letter to Atos, and our local MP.

For some reason, our last MP was able to move on the process quickly, may be worth a try.

sleepless_saver

Lady_strange wrote: »

and see if your doctor will do a letter stating that your husband is in no way shape or form able to go back to work at this present time.

.

A simple statement that he can't work is unlikely to help. They won't be interested in the doctors opinion unless she provides evidence which is relevant to the descriptors.

I second Lady_Strange's idea about the MP if you get nowhere fast with them over the ESA assessment rate payments.

lighting_up_the_chalice

Crazy idea, I know. But have YOU considered finding work? I'm pretty sure that 65% movement would cover most of the childrens activities.

lauriee

My husband is also going through the appeals procedure, from January and what we were advised to do is I claim for him at the couples rate,which is what we are doing, took about two weeks to sort out.

GlasweJen

Has it occurred to you that your consultant report has ballsed up your claim? 50% rotation is fine in the neck unless you're an owl so 65% is excellent! Even if the HCP who did the medical noted stiff neck the DM has a letter from a consultant saying the neck is fine.

daviecol

I don't think there is a 'legal' amount the government has to pay a person/family to live off.

If there was half the country would simply walk out if their jobs and demand 'the legal amount'.

lemontree

6 Months after my Son appealed with absolutely nil progress, I contacted his MP on his behalf.
Three weeks later ESA was reinstated and all back pay was in his account.
This is well worth considering. As helpful as CAB are, they are unable to speed up the process significantly.
Waiting for your appeal to reach the Tribunal stage could take a year or more due to the backlog.

sleepless_saver

GlasweJen wrote: »

Has it occurred to you that your consultant report has ballsed up your claim? 50% rotation is fine in the neck unless you're an owl so 65% is excellent! Even if the HCP who did the medical noted stiff neck the DM has a letter from a consultant saying the neck is fine.

Could be that the consultant meant he had 65% of the normal range of movement, but if it doesn't actually say that in the appeal then I agree it messes up the claim completely.

OP it would be worth contacting the consultant and checking out exactly what is meant by the 65%, then sending any correction to DWP.