Benefits Help

millwalll

Hi All,

I am after any advice relating to this problem I have at the moment.

My mother in law currently gets disabled benefits. She got a letter saying she had to go for a review to see if she could still get benefits.

They have since sent a letter saying all her benefits will be taken away as she more than able to get a job. We have appealed and provided lettings from doctors stating that she can’t work but they are still saying she is not getting anything.

This is causing her stress as without this money she can’t afford her rent and is worried she may loss her home.

We don't really know what to do we fill like we can’t win and don't understand how they can just reject the doctors letters. We are thinking our only option is to take them to court to get this issue resolved but do we have any other options?

Thanks.

McKneff

What is the nature of her disability, you havent said.

What specific benefits does she get.

millwalll

I don't know all the in and out of it as my GF dealing with most of it just trying help her out. I think she has back pains kneed pains and she cant move her left arm up and down and she get everything paid for council tax rent so on.

ta

mazza111

Sounds like it's ESA to start with. First step is to appeal. She should get the appeal rate in the meantime. Then contact HB to let them know she's appealing the decision. She should still be entitled to her HB in the meantime. It would be better if you could post exactly what benefits you're talking about tho, so people get a better idea. Remember if it is ESA, she may need to send in fit notes while the appeal is going through

BigAunty

In the past, people who were too sick to work received Incapacity Benefit and there was no requirement for them to seek any type of employment, they were considered incapable of work, full stop.

IB is being replaced by ESA and all IB claimants are being assessed.

The criteria for receiving it is very different and it's harder to get - ESA doesn't necessarily write them off from all employment (though it does port some people onto JSA to seek employment, others are put in a group that doesn't require them to work, while others are supported into certain types of employment if they wish).

It focusses on capability - people who have problems that in the past were considered to totally make them fit for any type of employment can still be now found capability of some or all types of employment. It is not unusual for people who have received sickness benefits in the past for many years to not get an award under ESA as it measures different things (plus, critics say the whole point is to reduce the number of claimants).

The other type of benefit is Disability Living Allowance - it is received by people both in and out of employment. It pays towards the cost of managing their disabilities.

You will find the Direct Gov website helpful to understand the basics of ESA and DLA, in case either applies to her, which will help you understand how you can appeal. You should come back to the forum when you know a bit more about specifically which benefit she got and the reasons why she didn't get it.

princessdon

As she is 100% bedridden I assume she has carers that come into her home to see to her.

They can be useful when providing a statement.

Edit - Where did I get bedridden from? Sorry my apologies.

mazza111

lol PD u got me wondering. There's was another thread mentioning that tho, maybe u've mixed the two up.

millwalll

Thanks we will just have to contact them see what they say. It just a nightmare at the wrong time of year

krisskross

HB and CTB will not be dependent on receiving any disability benefits. They can be claimed simply on the basis of low income. So get onto the Housing benefit people and make sure the claim is in.