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ESA. So confused. please help.

Hi all, My daughter is 19 yrs old and has ASD (Autistic Spectrum Disorder) and learning difficulties. She left school in July and I phoned the DWP to see what she can claim for. Main reason was so that she got NI contributions paid. The woman said that as my daughter has ASD she can claim ESA. The initial form was filled in during the phone call and I was told that we would need to send off a letter confirming that my daughter has ASD. We sent that letter off and have since had 2 letters from them asking for a medical certificate from the G.P.

I phoned the DWP yesterday explaining that my daughter wants to work, but without the right support she would not even get through an interview for a job. I then explained that we didn't want to go down the medical certificate route as she would be able to work given the right support. The woman was really nice, she explained that without the medical certificate the claim would not be processed and that when my daughter gets called for the medical assessment that's when they decide if she can or cannot work.

I really don't understand what's going on. My daughter received a letter on 18th Sept saying that she was entitled to just over £50 per week, but when i asked the woman yesterday why nothing had gone into her account, she said it's because they are waiting for the medical certificate!

I have phoned the GP surgery this morning explaining the situation to the receptionist and am now waiting for a call back from the GP in which I will have to go through it all again.

What happens if the GP refuses to write a medical certificate for my daughter? As I said, we really don't want to get medical certs as we know that given the right support she would be able to work, even if only part time. The problem, as I understand it, is she won't get any support if she doesn't claim ESA, but to claim ESA she needs this med cert.

This is so stressful for us all. I am sick of fighting for any help for my daughter. The barriers and lack of support since her diagnosis has worn me down over the years and now this.

I have no idea what happens next re -not getting a med cert from the GP. Will the ESA claim be stopped and if so what can she then claim?

Hoping for any kind of help here, even if just a bit of general support and knowing that I am not alone in this minefield with my daughter. Thanks.

Comments

  • mazza1985
    mazza1985 Posts: 354 Forumite
    You cannot claim ESA without a medical certificate. If she cannot get a medical certificate she will need to claim Jobseekers Allowance. Is she in receipt of DLA? If not it may be worth you making a claim.
    Baby Mazza due New Years Day 2013!
  • nikig1
    nikig1 Posts: 41 Forumite
    Thanks.

    She does get DLA.

    If her GP doesn't give a med cert and she then claims for Jobseekers Allowance do you know if she will be given the support she will need to get into employment?
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    nikig1 wrote: »
    Thanks.

    She does get DLA.

    If her GP doesn't give a med cert and she then claims for Jobseekers Allowance do you know if she will be given the support she will need to get into employment?


    Have you got a Connexions in your part of the country?

    They give free confidential advice to young people up to the age of 19 years (25 years old if they have learning difficulties/disabilites)as regards careers etc.

    Might be an idea to google Connexions with your area.

    Is your doctor up to date with your daughter's disabilities? might need to make an appointment with him/her with your daughter so that you can discuss everything with him/her.
  • Muttleythefrog
    Muttleythefrog Posts: 20,662 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 October 2012 at 1:37PM
    Tricky situation.... because at face value it sounds like she might have difficulty getting into the assessment phase of ESA yet after proper assessment (work capability assessment that is misleading in its name you'll probably find... this is a test of whether various statements of disability apply) could well get into the benefit's main phase (always hard to tell as outsider). She'd need the sicknotes for that assessment phase which is meant to last 3 months although delays can be notable.. assessment occurs at the end.

    Good advice above regarding support... I wonder if the local jobcentre has a disability advisor who would be able to help her if she claims JSA. Might be worth a call to them... refer http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/LookingForWork/DG_4000324
    There is the other option of changing GP until sicknote is obtainable so ESA can be claimed... but that may not be practical. Ironically some may argue she could get better help as a disabled person to get back into work while on JSA than on ESA... the political claims regarding ESA are often well wide of the reality for claimants.

    As for the letter from DWP... to be honest you've done well to get a letter that half makes sense.... the admin of ESA at DWP is scandalous.... so a letter awarding money she isn't entitled to (currently) is no surprise at all. After 3.5 years on ESA I've never even received a correct decision letter regarding assessment..lol... and if you call them up you'll usually wonder why you bothered.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
  • nikig1
    nikig1 Posts: 41 Forumite
    I have phoned her GP an the earliest she can see her is 23rd October.

    DWP need the certificate before that date, not sure when as the 2 letters we've received asking for the med cert have given a date that it's needed by that is before the date the letter was written, example, letter dated 18th Sept said that med cert needed to be with them by 31st August !!! We didn't even receive these letters until last Tuesday, so not sure where the letters have been between 18th Sept when they were printed out and last Tuesday when we got them.

    I am going to phone the DWP tomorrow and try to explain the situation, but not holding out much hope.

    Connexions in my area has been taken over by my local council, so not sure if or what sort of help will be available to my daughter. Another call to make tomorrow.

    Thanks for your replies. x
  • Most GP's will backdate a sicknote, but you wil certainly need one to claim ESA, I'm afraid there is no discussion there. You may also need to give reasons for the lateness, but as you say you are going to contact DWP.
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