Please help, failed medical and lots of trauma...

star2sparkle

Hi everyone

I have been looking at this site for many days now and really think the people here are lovely and understanding. I hope I may be able to help people too .
I am in a terrible predicament but I will try to be concise.
I suffer from anxiety and agoraphobia, OCD and emetophobia and a general health phobia. I went to see Atos for my medical back in August. Then I was under investigation for fraud as someone malicious had reported me. It has taken all this time for me to be cleared, no longer under investigation for fraud though income support are trying to claim that I have been overpaid and I have had to appeal about that as it amounts to almost £7000. I have asked to look at their rather absurd figures as there isn't a reason why they would come to such a sum. I haven't worked. I think they might have been grasping at straws a bit as the fraud case came to nothing. In the meantime, I have only now discovered that I failed the medical all the way back in August (my benefits were suspended for all that time, though of course I never actually got ESA as I was in the middle of a transition from income support to ESA if I passed the medical) and I have yet to find out how many points I may have been awarded. The thing is, my husband does claim ESA (after an appeal) and in the time that my income support/ESA was suspended, I was eligible for carers allowance as I take care of my mother in law who has Alzheimers. I am really worried. As you know I am already appealing against their decision regarding the ridiculous amount of money they think I owe and I realise I can appeal about this decision about no ESA but will I have to claim JSA now? I wouldn't be able to sign on because of my agoraphobia and I can't go into towns. Or if under appeal, would I still get ESA with my husband? Then also there is the fact that because of the fraud thing, I didn't even know that I'd failed the medical and may have passed the time frame? Additionally, what concerns me greatly is my situation at home is not good. I am trying in vain to look after myself and because of my mental health issues have got into a vulnerable situation. If all money is to be paid to my husband, it could leave me with nothing ultimately (All housing benefit is paid to him, including the back money after the fraud case was cleared). Thank you for reading this and any help would be much appreciated.

Willing2Learn

Make sure you are asking for an appeal (not a revision) of the original decision.

A request for a appeal must be in writing whereas a request for revision can also be made in person or by 'phone.

With an appeal you can continue to receive basic rate ESA whilst appealing against the decision that you do not have a limited capability for work but with a revision you cannot receive ESA during the revision process.

A revision is a quicker than an appeal.

I recommend you see a local solicitor for advice about this and the alleged debt. If you decide to see a solicitor, please ensure you take all supporting evidence relevant to both your claim and health.


Good Luck!!

Saver88

Hi,
I too suffer from emetophobia, health anxiety etc. I don't claim benefits for it so I can't really help you on that. But I would suggest that you try and get some CBT councilling for your own benefit. It would defiently get rid of or help the emethopibia and health anxiety.It may even help you leave the house. Or another choice is I've just had accupuncture which has really helped with general anxiety and the symptoms of anxiety have all but gone.
Regarding your benefits being paid to your husband, surely you can still have it? After all he is your husband so I'm sure he wouldn't mind withdrawing/paying it to you?
Sorry I couldn't be of more help

BigAunty

I know that you didn't receive ESA in this period but do check the position with Carers Allowance - apparently contributions based ESA and CA cannot be received together.

iluvmarmite

Unless the rules have changed very recently, they should not have suspended your benefits while you are under investigation, you are innocent untill proven guilty so should still have got paid.

If they found you guilty they then can stop your money but if you are still entitled to claim you will get it but they will stop some to pay back the overpayment.

As for your husband taking charge of the money, maybe he thinks he is doing a good thing because your illness prevents you from going out so anything you need he can nip out for, if you want to buy anything over the Internet won't he lend you his debit card?

JillyJolly_2

You should get support from a support group like Framework (East Midlands) They deal with all the stuff for you, help you through it and make sure everything is done properly.