Benefits/Disability

ChrisMM

Hello

I had my benefits tribunal today. I took along a letter from my doctor saying I cannot work currently. I have arthritis in multiple joints, primarily on my knees and ongoing, quite serious at times depression. I took a six week sick note as proof. They ignored that. I answered any questions they asked, truthfully. Due to my condition, I do not know how I will be day to day. One day fine, the next day in agony. I have been denied Employment and Support Allowance. My appeal was originally for Incapacity Benefit (I've had chronic arthritis since the age of 10, now 29), but I got moved to Employment and Support Allowance without any known reason. I have no experience of not being on Incapacity Benefit. I scored zero on my original assessment, despite scoring the requisite points on all previous medicals, and no circumstances have change.

I'm now living on zero pound a week income. I cannot work at all currently, and yet they're funnelling me onto Job Seekers. The only plausible work I can physically do is desk work, I can't be on my feet for more than twenty minutes without needing to sit down and rest, and as stated, some days I just would not be able to make it into work.

I honestly do not know what to do. Any one with any help will be greatly appreciated.

EDIT: Changed to Incapacity Benefit, its been so long I got jumbled up. Still angry to be honest.

Horseunderwater

ESA has been around since 2008 and everyone who is in receipt of IB is being moved over to ESA.
However to get ESA you need to match various descriptors to qualify and it is not actually about the illness as such, but about how the illness on a day to day basis prevents you from working and that includes any medicines that you take to manage that illness. Did you research those at all during the appeal process? Letters from Dr's are next to useless if they do not relate to a descriptor that would score you points. In your case it would be the one about standing for a period of time on a repeating basis for periods of more than 20 mins I think it used to say. To give you some idea. There may also be others that would apply. At the moment all you can hope for is that the tribunal finds in your favour.

ChrisMM

Horseunderwater wrote: »

ESA has been around since 2008 and everyone who is in receipt of IB is being moved over to ESA.
However to get ESA you need to match various descriptors to qualify and it is not actually about the illness as such, but about how the illness on a day to day basis prevents you from working and that includes any medicines that you take to manage that illness. Did you research those at all during the appeal process? Letters from Dr's are next to useless if they do not relate to a descriptor that would score you points. In your case it would be the one about standing for a period of time on a repeating basis for periods of more than 20 mins I think it used to say. To give you some idea. There may also be others that would apply. At the moment all you can hope for is that the tribunal finds in your favour.

My doctor stated in the letter about my limitations (they vary day to day, I cannot walk for certain distances/standing and such), and the appeal was today and turned down.

I've been advised to go to CAB, which I shall Thursday. Its more that mine, and my GP's goal was to have me in work by early next year, something we've been working on for over a year now. He does not want me in work currently.

Can you claim Jobseekers while being incapable of work?

[Deleted User]

Chris - not being funny but you've admitted yourself you can do desk work? So get a desk job?

I used to work with a fella who was in a wheelchair and was partially-sighted. He managed to get a job so why can't you.

Maybe the reason you got turned down for Incapacity Benefit is because you're actually fit to work?

I get the feeling though that this is not the answer you want and that you'd rather claim benefits and not work.

But, I'm glad to see benefits tribunal people are doing they're job and cracking down.

Torry_Quine

ChrisMM wrote: »

Hello

I had my benefits tribunal today. I took along a letter from my doctor saying I cannot work currently. I have arthritis in multiple joints, primarily on my knees and ongoing, quite serious at times depression. I took a six week sick note as proof. They ignored that. I answered any questions they asked, truthfully. Due to my condition, I do not know how I will be day to day. One day fine, the next day in agony. I have been denied Employment and Support Allowance. My appeal was originally for Incapacity Benefit (I've had chronic arthritis since the age of 10, now 29), but I got moved to Employment and Support Allowance without any known reason. I have no experience of not being on Incapacity Benefit. I scored zero on my original assessment, despite scoring the requisite points on all previous medicals, and no circumstances have change.

I'm now living on zero pound a week income. I cannot work at all currently, and yet they're funnelling me onto Job Seekers. The only plausible work I can physically do is desk work, I can't be on my feet for more than twenty minutes without needing to sit down and rest, and as stated, some days I just would not be able to make it into work.

I honestly do not know what to do. Any one with any help will be greatly appreciated.

EDIT: Changed to Incapacity Benefit, its been so long I got jumbled up. Still angry to be honest.

Didn't you complete an ESA 50 form to be assesed for ESA before having a 'medical' and then a tribunal?

ChrisMM

[quote=[Deleted User];59774045]Chris - not being funny but you've admitted yourself you can do desk work? So get a desk job?

I used to work with a fella who was in a wheelchair and was partially-sighted. He managed to get a job so why can't you.

Maybe the reason you got turned down for Incapacity Benefit is because you're actually fit to work?

I get the feeling though that this is not the answer you want and that you'd rather claim benefits and not work.

But, I'm glad to see benefits tribunal people are doing they're job and cracking down.[/QUOTE]

I cannot work at this moment, it is something myself and my doctor are working towards. I am not physically capable due to my situation, but thank you for reading into something that wasn't there. By plausible, I did not mean currently, but down the line. I want to work, believe me, I don't want my life to be just a constant of unemployment/benefits.

Its okay, I'm seeing CAB and my GP with regards to it shortly. Thanks for the help all, feel free to close this

mazza111

Closing the thread is never the answer.

Is it more than 6 months since you had the original Work Capability Assessment? Has your condition worsened? If so you may be able to reclaim under the 6 month rule.

We had to do that with my dd, after she was found fit for work, but between her being found fit for work, she was awarded DLA and next WCA she was placed in support group for ESA.

I know she would rather have her health and the ability to go to work.

ChrisMM

mazza111 wrote: »

Closing the thread is never the answer.

Is it more than 6 months since you had the original Work Capability Assessment? Has your condition worsened? If so you may be able to reclaim under the 6 month rule.

We had to do that with my dd, after she was found fit for work, but between her being found fit for work, she was awarded DLA and next WCA she was placed in support group for ESA.

I know she would rather have her health and the ability to go to work.

It has been 14 months. I was taken off EASA just before my tribunal, and this is primarily what this thread is about. I have reapplied for EASA and am awaiting a decision.

I'm not looking to be on benefits for life, I currently exist on no income, and my doctor will not sign me off as fit to work currently. I was mainly wondering what I could claim in the meantime, especially with my tribunal being turned down.

I'm not after leeching off the state, I just cannot live on nothing!

ChrisMM

Torry_Quine wrote: »

Didn't you complete an ESA 50 form to be assesed for ESA before having a 'medical' and then a tribunal?

Yes I did, and I was placed on it for a year after my tribunal for IB was put into motion, hence me reapplying now.

McKneff

Dont give up hope, I went through mulitple joint arthritis for quite a number of years, so bad I litterally wanted to die, I'm not kidding.

I went through gold injections, snaids, etc etc, One particular summer the specialist put me on tablets 4 a day for a month, then 3 a day for a month, etc. when I got to one a day for a month I got to the stage where I was actually forgetting to take it. and realised I hadnt taken it for 3 days, never took another tablet for 15 years, worked them all too, desk job but I was up and down all day. Im retired now but I remember those painful days all too well, I havent to overdo 'joints' but like I say, never give up hope of having a normal life.

Good luck.

ChrisMM

Thank you for those words, it does give me hope. I was in severe pain from the age of ten to twenty five,and its only recently the pain is starting to be controlled. A number of synovectomies and physio, along with medication is helping.