ESA work capability assessment

andrea2312

Hi All

I apologise for my message now as I am sure in the current climate this is being posted regularly.

In May I applied for ESA with the total backing of my GP . DWP said that I was not allowed to claim any money until I had a work capability assessment . I had one booked a month ago which was cancelled an hour before . My next appointment is tomorrow .

I am petrified - really blooming petrified , after reading all the horror stories on the internet about people being refused left right and center. I have looked at the "checklist" they use , and according to that I am entitled to ESA . I have Epilepsy and have seizures almost daily at present .

This whole process has been one of the most stressful experiences EVER . I have been without any income now for months. If they turn me down I am not sure what I will do . My GP and Epilepsy Specialist Nurse have both said I am not fit to work right now but have a feeling DWP will ignore that .

So after my long winded story - I was just wondering if anyone can give me some tips, or what to expect or anything really .

Thank you

Murphymycat

Hi

You should have been able to claim the basic ESA while waiting for your WCA, you would have to provide medical certificates. Talk to CAB they may be able to point you in the right direction.

I applied for ESA last June 2011 and finally got my WCA in March 2012, but I understand they are quicker now. Like you, I had read many horror stories and got the impression that nearly everyone fails.

so I did my homework and understood that they are not there to make a medical assessment, they are there to find out if you can do certain things such as walking a given distance without problems or how long you can sit or stand.

Once I understood this I sailed through the WCA got 24 points and got my back pay immediately. I was also fortunate that the assessment centre was almost new and purpose built.

Another thing to understand is that most of the posts on various forums (and I have read a lot!) are put there by people who have had a negative experience. People such as myself who have not had any problems very rarely post!

Best of luck with the assessment

PippaGirl_2

You should have been entitled to ESA at the assessment rate until you are assessed. What are you living on? Do you have savings/property/investment?

I would go to the Citizens Advice Bureau and they can intercede on your behalf.

rogerblack

Speaking in general - you should only not be entitled to assessment rate payments if you have been denied ESA in the past 6 months.
If this is the case, then you may be legitimately not being paid.

Having said that, and going onto personal experience.

For both WCAs I have undergone, the staff have been professional, and attempted to get the most complete description they can of my condition that is possible in the limited time they had.

I do agree with the comment about descriptors.
It's _NOT_ a medical.

It's to see if you tick the boxes in:
https://www.dwp.gov.uk/docs/m-06-11.pdf

The assessment is supposed to proceed along these guidelines:
http://www.dwp.gov.uk/docs/wca-handbook.pdf

andrea2312

The reason they wont pay me is because I claimed ESA last year for a few months . When it came to the time to get a new certificate from my doctor I found temporary job as my seizures were a little more controlled . My doctor agreed he was happy for me to return to work on the basis that if anything changed I was to report it and because it was temporary and I could give it up straight away if things got bad as they were aware of my situation . So I just didnt send in the new doctors certificate . I recieved a letter from them saying as I hadnt sent in the certificate they were no longer going to pay me . I thought that was it dealt with . When things got bad again a few months later - I went back to ESA and they said that I had to have a Work Capability Assessment before any money could be paid as apparently I had dodged a Work Capability Assessment . Which just isnt true - I wasnt even sent an appointment for one . But of course DWP are right and everyone else is wrong . So they wont pay a penny.

I have a husband who works - but his money lasts about a week after he is paid for the month . So we have basically been living off my family for months - I owe them a lot of money now . There have been times when my husband and I havent even been able to eat its been that bad . I was told to apply for a crisis loan - they basically laughed in my face and turned me down . Things have been really bad . I have an application in for DLA too at the moment - Am up to my 6th week now of waiting so will see what happens .

Thank you for the advice . According to the checklist I should be awarded 15 points straight away as I am having seizures daily . KEEPING EVERYTHING TIGHTLY CROSSED !!!!

princessdon

Do you get other benefits? it may be worth doing a check if your OH wages only last a week to see if you are getting all you are entited to.

andrea2312

Apart from Child Benefit once a month no . We have been turned down for working/child tax credits as apparently my husband earns to much which is laughable to be honest . We have literally tried every avenue to try and get help and we cant get anywhere with anything .

We went to CAB for advice with our money - Even she was unable to balance it up and we were coming out on paper as paying out more than we had coming in .

If I cant get ESA I dont know what will happen . We really are at rock bottom right now .

I have a letter from support from my Epilepsy Specialist nurse - will they take that in to consideration tomorrow or has my time passed now for getting in new information !??!

pickpocketlocket

Did CAB check that you had sufficient NI Conts to receive ESA? If your husband earns too much for tax credits he will earn too much for IB ESA. Were you working regularly over tax years 09/10 and 10/11?

andrea2312

Yes I was working from 2007 right up till January 2011 in a full time job . DWP did check and said that i had enough NI contributions

PippaGirl_2

I would go to the CAB to have an assessment to make sure you are claiming all you are entitled to. Tax credits are available to some degree for families who earn up to £26,000 and it doesn't sound like your dh does. They will know exactly what you are entitled to.

andrea2312

Thank you - I will do that . Am willing to try anything possible right now .

Really appreciate your help