ESA coming to an end, but too ill to work

Just...Yvette

Yes the appeal is the one that I inadvertently triggered but I haven't stopped it because I might need to go that route. Although what you say is right, the tribunal would not consider the deterioration of my health - and I have no idea why they are allowing such a late appeal either. I don't think they know themselves how to deal with the changes and reassessments and so on.

Just...Yvette

Update: I think I may finally be getting somewhere with my struggle to be reassessed. I received an ESA50 in the post today - no covering letter though, so I don't know if this is a routine automatic thing, or if it was prompted by the letters begging for them for a supercession due to a worsening of my MS.

In the last letter I sent them, I pointed out that I can no longer walk 50 metres (can't walk anything like that without stopping and sitting down) which as I understand it would meet the descriptors of the support group. I also included my recent neurologist report, where he confirmed what I suspected, that my MS has now become secondary progressive, which means I don't have relapses and recoveries anymore but just gradually get worse over time.

Oh and I bit the bullet and got a little lightweight scooter, and it's fantastic! :j

grummps

Just...Yvette wrote: »

In the last letter I sent them, I pointed out that I can no longer walk 50 metres (can't walk anything like that without stopping and sitting down) which as I understand it would meet the descriptors of the support group. I also included my recent neurologist report, where he confirmed what I suspected, that my MS has now become secondary progressive, which means I don't have relapses and recoveries anymore but just gradually get worse over time.

Unfortunately you can shout it from the rooftops if you want that you can't or virtually can't, even with the use of a mobility aid cover the 50 metres.

It will make little difference unless you can provide good medical opinion that that is the case.

I had to prove the distance, the speed of walking that distance, and the manner in which I walk by way of a medical report.
Even a GP/consultant report saying that you have ****** is no good, it has to be mobility specific.

mynameistallulah

Just...Yvette wrote: »

Update: I think I may finally be getting somewhere with my struggle to be reassessed. I received an ESA50 in the post today - no covering letter though, so I don't know if this is a routine automatic thing, or if it was prompted by the letters begging for them for a supercession due to a worsening of my MS.

In the last letter I sent them, I pointed out that I can no longer walk 50 metres (can't walk anything like that without stopping and sitting down) which as I understand it would meet the descriptors of the support group. I also included my recent neurologist report, where he confirmed what I suspected, that my MS has now become secondary progressive, which means I don't have relapses and recoveries anymore but just gradually get worse over time.

Oh and I bit the bullet and got a little lightweight scooter, and it's fantastic! :j

That sounds very positive OP, when you submit the ESA50 ensure that you include the neurologist report, as the earlier information may not be passed on.

mynameistallulah

grummps wrote: »

Unfortunately you can shout it from the rooftops if you want that you can't or virtually can't, even with the use of a mobility aid cover the 50 metres.

It will make little difference unless you can provide good medical opinion that that is the case.

I had to prove the distance, the speed of walking that distance, and the manner in which I walk by way of a medical report.
Even a GP/consultant report saying that you have ****** is no good, it has to be mobility specific.

Evening Andy! :rotfl:

Just...Yvette

Ok so to sum up briefly details so far (I am the OP of this thread, and I like to update here for anyone else who may be in the same situation);
My contribution-based ESA stopped on April 30th 2012 as I was in the WRAG and had been receiving it for a year. I couldn't claim income-based as my husband works.
I advised them that my condition had worsened in March 2012 - since then I have been struggling to have my case reassessed as a change of circs, hoping to be placed in the support group. I meet the descriptors of the support group regarding mobilising.
I was under the impression that if I was successful, I would be put in the support group retrospectively, my claim would be backdated to 30 April and I would be paid from that date regardless of my husband's income - in other words, as a person receiving contribution-based ESA in the support group.

I recently received an ESA1 form and today I rang them asking about a couple of questions. I've spoken to two staff so far today and a third is supposed to ring me back. What I've been told today is that I have been placed in the Support Group but my contributions have run out so they need to know about my other income so they can look at me receiving income-based ESA. I said but I won't qualify for that as my husband works, I thought contribution-based ESA in the support group was indefinite? If I'd been placed in the support group in the first place my payments wouldn't have stopped after a year? No, he said, they have been told the contributions only last for a year so all I can claim is income based. Even now I am in the support group? I asked - he said yes, but he will get someone from the work assessment unit to ring me back!

I'm so confused. I hope someone here can understand where I'm coming from...I shouldn't be left without payment if I'm in the support group should I? Shouldn't only have the income-related option which I know I won't qualify for?

Thanks for any advice you can offer - I want to know what I'm on about when they ring back.

rogerblack

Just...Yvette wrote: »

No, he said, they have been told the contributions only last for a year so all I can claim is income based. Even now I am in the support group? I asked - he said yes, but he will get someone from the work assessment unit to ring me back!

Make an official complaint.
http://www.legislation.gov.uk/ukpga/2012/5/section/52/enacted
specifically.

I'm assuming at no point have you stopped being entitled to ESA - having your NI credits paid, if nothing else.
If this is the case, then you are correct.
Once you're back in the support group, if you were on conts-ESA originally, your payment resumes. (from the date that it has been decided you met the support group descriptors)

HB58

You were advised incorrectly. The initial intention was to limit ESA for anyone who had spent 365 days in the WRAG. However, the Lords did manage to force an amendment so that it is still possible to get into the Support Group at a later stage as long as you have not broken the ESA claim in the interim.

I suggest you complain to DWP - and some people get their MPs involved so that they understand what a shambles the current situation is!

Just...Yvette

Thankyou both for your advice, it's put my mind at ease while I wait for the phonecall!

And yes, I still have a live claim for ESA and never stopped being eligible for it, although my payments stopped in April.