ESA problem.

inspirespirit

My ex husband, who has worked all his life and all contributions up to date, has been on sick because of two major back operations followed by two strokes.
He had an ESA medical and he has just heard that they have turned him down. He went to use his card but they have told the bank to send back the money they put in last Friday which has left him broke.
He has a current sick not that runs until 5th June, so does anyone know what happens now please?
I have known him 25 years and I know he is not capable of working at the moment. I have no doubt his doctor will continue to give him sick notes, but where does he actually get money from?

mynameistallulah

If he wishes to appeal he needs to advise the DWP of this, and submit a new sick note from his GP.

inspirespirit

yes, I know he can appeal but what does he live on in the meantime? He has a current sick note that runs up until 5th June so would that not mean he is still entitled to something? He lives alone.

mynameistallulah

inspirespirit wrote: »

yes, I know he can appeal but what does he live on in the meantime? He has a current sick note that runs up until 5th June so would that not mean he is still entitled to something? He lives alone.

Nothing like a thank you!

He will not receive anything until he submits a fresh note and advises of his intention to appeal.

inspirespirit

sorry, I was rude.... Thank you, I do appreciate you taking the time to answer me.

epitome

He now appeals, by phoning the ESA number and asking them to send him an appeal form if hasn't got one already...it's a GL24 and it is usually included in the letter/booklet telling him not entitled to ESA. He should also ask to remain on payments whilst he is on appeal. To appeal initially all he needs to put on the appeal form is
"I believe I am not fit for work" or
"My Doctor believes I am not fit for work"
in the near future he should provide further evidence and take advice on what evidence he should submit to support his appeal. If he does not have an GL24 he can either download one http://www.direct.gov.uk/en/diol1/doitonline/dg_4017514

His payments will resume when they have received the appeal form

He should also ask for a copy of the medical report (ESA85)
and a copy of the decision makers justification.

Hopefully someone here can confirm...... he may also need to get new doctors certificate valid from the date of claim closure..... Can anyone confirm this or is a wives tale...i.e. is the existing certificate is still valid? It does not sound logical, but I have heard it before and the DWP is not always logical, so I am just checking....Tallulah thinks this is the case so it's not just me.

By the way, does he have a partner or savings more than £16000?

Also I would be questioning & complaining about why they recovered the bank payment, they should not do that without first writing to him to tell him that is their intention.

If he loses the appeal he does NOT have to re pay the appeal payments.

inspirespirit

wow... thank you so much for such a detailed response. He does not have a partner, or any savings.... we ran a business together which did do very well and gave us a good standard of living but we got hit badly by recessions and the business went bankrupt and we lost everything. He then had 2 strokes and left us. He hasn't been right since the strokes.
His last sick note was for 3 months and finishes on 5th June. I know this for certain because I picked it up for him and then took it to the Job Centre to hand it in. I will get the GL24 appeal form for him and try to sort it.
I really appreciate your help.... thank you.

Ellejmorgan

What is his back condition ??? is it fixed ???

As a guide I have a back condition which affects my arms/legs/neck i'm in the WRAG..

ineed

Hi,

You've had some good advice already here, just wanted to add if your ex husband is unfit for work right now it might also be worth applying for DLA.

inspirespirit

Elle... He has had two spinal fusions but he still has to have injections into his back every few months to help with the pain. They have said there is nothing more they can do for him surgically. He has rails for the bath and loo and all that kind of thing and he takes Tramadol. He also has a problem since the strokes where he can't tell hot water from cold water with his left hand/all left side. But to me I feel his main problem is the confusion the strokes have left him with. He has zero patience and flies off the handle for no reason and he just can't cope with stuff. He has been a nightmare this weekend because of the bank holding back this money. I try to help him but we have been split up 4 years and I find his moods and the way he snaps very disconcerting. None of this seemed to show up on his ESA medical though as they said he was very alert and able to hold conversations etc.

juliep123

From what you say i would also put a claim in for DLA for him - try to get some help filling this in e.g. CAB/Dial as it can be quite complicated.
He may be able to get a crisis loan until his appeal is sorted out and his payments restart .
Really hope you can get something sorted soon
Jules