Losing ESA - action needed ?

sscrabble

A friend of mine with Multiple Sclerosis who was awarded ESA on appeal about six months ago has just had her annual ASOS assessment and again been awarded six points (ridiculous) - so she has had a phone call telling her that her payments will cease from last Saturday (nothing in writing yet). She will appeal and no doubt succeed with the appeal again as there is not a job in existence she is capable of doing with her disability --- but does she need to do anything now (despite having nothing in writing) to ensure her rent continues to be paid and that she gets some money to live on , or does that happen automatically ?

(When they do these assessments , why are there no questions that actually ask what jobs if any the person might be capable of doing - because of the fatigue associated with MS there is not an employer anywhere that could find a position for her - but fatigue is not even considered at the assessments !)

Cpt.Scarlet

Payments won't be re-instated until an Appeal has been lodged and the DWP have received Fit Notes covering her from the date of the decision.

If she is receiving other benefits such as housing benefit these will also stop due to the cancellation of the ESA, once ESA is re-instated, these should restart automatically as well, although she should still contact the relevant agencies.

Housing benefit can be paid on zero income if necessary.

wigglybum

Appeal straight away would be my advice,you can download an appeal form,can't do links because I'm a newbie but a quick search on the forum should do the trick.Good luck.

rogerblack

It is vital to understand that ESA is not assessed on the basis of 'there is no job they can do' - it's assessed on a strict points-based system, with limited wiggle room if you don't fit into the descriptors.

For example, if you're injured playing sports, and unable to raise your arms over your head, you get the support group - even if you are able in all other aspects.

Whereas someone who is in a wheelchair, able to wheel themselves 200m slowly several times a day, has trouble understanding more than short sentances and struggles to do much more than work a washing machine may be found fit for work.

Fatigue is supposed to be considered in the assessment.
You must (in general) be able to do an activity 'repeatably and reliably throughout the day' in order to be able to do it.
(this is not quite the legal position, but is a broad outline of it.)

Good days and bad days are supposed to be counted.
As above - payments will start once the appeal is made, and a note provided.
_however_.
Unless there will be a financial disaster with money being delayed by a couple of weeks, I would strongly recommend not putting in the appeal form before getting a copy of the medical report.
Phone up ASAP, and get a copy of this, so you can see on what basis you can make the appeal.

sscrabble

Sorry - I have not got my question across. I have no problem with the appeal - she has done that before.

My question is about continuing benefits. Before she went on ESA she was signed off sick and getting the releveant benefits and her rent paid. Now they are saying they are stopping the ESA payments - is she left without cash and the payment of the rent - surely there must be some continuity - but is that automatic ? Does she need to sign on or register somewhere and get a sick note - surely she must get info on that sent in the post or how on earth is she to know what to do , and how is she to survive without income?

---

---Fatigue is supposed to be considered in the assessment.
You must (in general) be able to do an activity 'repeatably and reliably throughout the day' in order to be able to do it.
(this is not quite the legal position, but is a broad outline of it.)

I was at the assessment - we tried to explain the fatigue - but they took no interest in it , and certainly asked no questions about it

Muttleythefrog

As above.... good advice. Forget issues of can work/can't work/can do some jobs, can't do any jobs... these things are meaningless concepts for the main phase of ESA. Entitlement is determined by only one thing... the descriptors which are statements of functional disability and some non functional attributes. It's important when filling in ESA50s, getting supporting evidence, attending medical, making case for appeal and tribunal that the focus is on the descriptors that you feel apply.

Should be able to get assessment rate ESA by supplying sicknotes while appealing.

rogerblack

sscrabble wrote: »

My question is about continuing benefits. Before she went on ESA she was signed off sick and getting the releveant benefits and her rent paid. Now they are saying they are stopping the ESA payments - is she left without cash and the payment of the rent - surely there must be some continuity - but is that automatic ? Does she need to sign on or register somewhere and get a sick note - surely she must get info on that sent in the post or how on earth is she to know what to do , and how is she to survive without income?

The letter will explain the options.
Either appeal ESA, claim JSA.
HB/CTB/... will be suspended when the benefit stops, but can restart if you tell them there is no income.
If she wishes to make an ESA appeal, she needs a doctors note, and then to submit an appeal in writing.