ESA Help

Muttleythefrog

Just to add... if you work that many hours per week then I'm assuming she wouldn't get any income related ESA... ESA payments are time limited to 12 months in the WRAG when on contrib based ESA which I assume she has been receiving. If so then this has to be factored in here...Support group payments are indefinite on Contrib based ESA. It could mean that winning appeal may be a financially hollow victory if she gets put back in WRAG.. because if on contrib based ESA then she already has spent significant time (a year or approaching a year in reading between lines) in WRAG following her last assessment.

Neilg

princessdon wrote: »

Lethargy tinnitus and ibs are not pleasant but not a barrier to work or thousands would be on ESA.

I agree with you totally. However the tinnitus is a side effect of a double fracture of the skull. The lethargy is caused by severe depression which again has been attributed to the head injury. The brain is still a mystery to the greatest of minds. I know what my wife was like before the accident, vibrant,driven,enthusiastic and a fantastic mother to our 5 children. All the children are grown up now and 3 of them work and 2 are at university. They were brought up with a strong work ethic by us as parents. We both believe in not scrounging. My wife is not swinging the lead, she is genuinely not a well person.

princessdon

Neilg wrote: »

Yes it is difficult, everbody is different. we have 5 children and my wife worked full time on a piece rate basis which meant she had to work very hard to earn a decent wage. she did this until the accident but after the accident she totally changed. Brain injuries change people!

The other way to look at it is this. You have 5 children who she looks after whilst you work, yet can't get ANY kind of work???

Don't get angry at me on here (It's water off a ducks back and has no value).

The reasons why are your appeal - not "she has a head injury" so have millions - yet they work. It's not about if you think she is able to work, it's the boxes she ticks and until you support her to realise this, the outcome will always be the same, she will be fit for work. Muttley gave good advice (more than I give) as they support this area so you need to heed it.

princessdon

Neilg wrote: »

I agree with you totally. However the tinnitus is a side effect of a double fracture of the skull. The lethargy is caused by severe depression which again has been attributed to the head injury. The brain is still a mystery to the greatest of minds. I know what my wife was like before the accident, vibrant,driven,enthusiastic and a fantastic mother to our 5 children. All the children are grown up now and 3 of them work and 2 are at university. They were brought up with a strong work ethic by us as parents. We both believe in not scrounging. My wife is not swinging the lead, she is genuinely not a well person.

I never said she wasn't but what I am saying is you are concentrating on areas that for ATOS (not you or your family) are unimportant. It's a system you need to learn and adapt to.

It doesn't reflect reality.

As I said my sister had a fractured skull in 3 areas, was in a coma for a long time and works ... You need to adapt why your wife is different from the likes of her (within ATOS descriptors).

At the moment you are concentrating on what YOU think is important and not what THEY do. Saying she has IBS won't make one differnce. They tick boxes purely and simply. She needs to tick a box!

So get looking at boxes and concentrate on what is important and disregard what YOU think is important.

I say this because I KNOW how head injuries are - I KNOW my sister could have had a different outcome (and did for a while), she was lucky.

I am being supportive (yet trying to rile you) because you are looking at the wrong angles and this isn't going to help with ATOS.

Neilg

princessdon wrote: »

It depends on the brain injury (you can't say they are all life changing). My sister was in a coma for 16 months, has been left with issues like epilepsy, meniers diease, deafness in 1 ear etc. Yet works full time with 3 children under the age of 5 in a very highly paid and stressful job.

I am not saying ^^^ to compare, she could easily have been where your wife is now - but to make you realise that what you write down on paper can be viewed and compared. A brain injury (she had a fractured skull for eg) isn't the barrier, you need to look at why shy can't work (where as my sister can).

You will need to "hone" your reasons with the descriptors to have any success.

Would have thought they would have access to my wifes medical records. Will try and hone valid reasons to the descriptors.

princessdon

Records are not descriptors ....

benefitbaby

Entitlement is not based on a disability but on the effects of the disability and whether the severity meets any of the descriptors or exceptional circumstances as set out in law. You need to be aware of the entitlement criteria for ESA and an overview of your OHs rights, this is a good place to start http://www.disabilityrightsuk.org/f31.htm

Remember you are responsible for providing any additional evidence the DWP are highly unlikely to do this.

princessdon

Neilg wrote: »

Would have thought they would have access to my wifes medical records. Will try and hone valid reasons to the descriptors.

Nope - Your responsbility - you want the benefit - you prove it. They don't access - you give!

HB58

Neilg wrote: »

Would have thought they would have access to my wifes medical records. Will try and hone valid reasons to the descriptors.

2 people with the same conditions can have very different capabilities. It is not the condition that gains one access to ESA, it is the effect on the individual. As has been said, you need to identify which of the descriptors apply to your wife and provide evidence of this to DWP.

Barneysmom

This site is quite helpful OP, have a look?

http://www.benefitsandwork.co.uk/