63yr old disabled man been to esa tribunal

emmalmann

Just wanted abit of advice for my dad. The eas send out an ATOS person for a medical as he could not go to their office due to it not being suitable!! for disabled people in wheelchairs.

They said that he scored 0 points, so we took it to the tribunal stage and he has had his appeal heard today, they have now said that he got 9 points but still has to find work. His doctors give him sick notes for 6 months at a time as they know he can not work. He worked since he was 15 years old and only gave up 6 years ago due t his ill health. He is still under the hospital and surgeons for his amputations of his right leg and next month is going back into hospital for more leg to be taken off. I do not know what these people are thinking. he can not claim JSA as can not work and can not claim anything else apart from is dla. Is there anyone with advice

rogerblack

On what specific grounds do you think he is eligible for ESA.
ESA is not given because you can't work, or because your doctor has signed you off sick.

It's given because you meet one or more of the descriptors in http://www.dwp.gov.uk/docs/m-06-11.pdf

If his condition has worsened - and if he's due for an operation to remove more of his leg, that probably indicates it has - he should reapply for ESA.
The tribunal will only have been looking at his condition at the time of the original decision to disallow him ESA - which may have been over 6 months ago.
If it was over 6 months, he can reclaim, and get paid the assessment rate. He will need to undergo a new medical.

pmlindyloo

Is your dad entitled to Pension Credit instead of ESA?

See here:

http://www.direct.gov.uk/en/pensionsandretirementplanning/pensioncredit/index.htm

bryanb

pmlindyloo wrote: »

Is your dad entitled to Pension Credit instead of ESA?

See here:

http://www.direct.gov.uk/en/pensionsandretirementplanning/pensioncredit/index.htm

Don't think you can get it before pension age.

nannytone_2

bryanb wrote: »

Don't think you can get it before pension age.

womens pension age though .... so he probobly can

pmlindyloo

nannytone wrote: »

womens pension age though .... so he probobly can

Have just done a quick calculation on the link putting him in as 63 years old today and it seems that he could have been claiming Pension Credit for some time.

Does someone want to check my calculations?

PS Have just checked the OP's history and seems his dad is transferring from IB so it is possible that his financial circumstances mean that he wouldn't be entitled to PC if he has a partner/savings etc.

emmalmann

Well we have just called the pension credit people and they say he is not entitled to it, but thank you. He can not claim jsa or income support because he is off sick and does not work for anyone. There are alot more are people who are much younger who are still claiming it for stress come on get real. If my dad had been born 6 months earlier it would never have come. And who would employ him come on people common sense. It is putting a real strain on my mum and dad and they are now saying that the car they get through mobility will have to go back as they can not afford the petrol for it. Which means they will be indoors 24/7 so do not know how they will get to the doctors every other day for his appointments to have it redressed.

My dad would love to go to work, but we really don't see how he could he is a printer by trade. no qualifications and at 63 64 this year don't think he wants to go to college.

pmlindyloo

Can you just clarify as to what income your dad and his OH are receiving because he is certainly entitled to Pension Credit age wise (unless I am going barmy - a possibility!)

eg Is his OH working? Have they any pensions? Savings? DLA?

If you can tell us exactly how much is coming into the household plus their savings then we may be able to spot something that has been missed.

princessdon

How old is your mum?

Is she over 60 and able to get her state pension?

mrsrwallace

wow, that sounds very similar to what happened my uncle. he had worked since he left at school at 15 or 16 and was signed off work on medical gronds at 61 (he had worked full time in a physically demanding job and then suffered from clots and fainting episodes). His wife worked full time too so he was not eligible for the Pension Credit and so he applied for that ESA. He did get it for a while then got the low rate of DLA. He was then told by the ESA folk that he was FIT for work (even though he was no longer allowed to drive etc) even though it was his employers who had signed him off medically!! He was not and is still not fit for work.

So he has been to tribunals too and the response is he is fit for work. Its laughable as he is 64 and genuinely not able to work yet he is under severe pressure to actively seek work?? What hope has he got of getting a job? Absolutely none! He is so fed up with the process now that he wants to forget about fighting his case as he has been made to feel like a liar and a scrounger even though he has never been out of work in his life, yet his sister who was a stay at home mum til my cousins were at uni gets high rate DLA and every bit of help she can get! She says she has a bad back and is unfit for work and has NEVER been to a tibunal!? I don't get it!!:mad:

emmalmann

My mum is 62 and claims her pension and small amount of pension credit.

my dad has the dla medium rate for care and the high rate for motorbility.

the pension credit people said he can not claim it.

They are now just under £100 per week worse off.