Incapacity to esa when on dla

IHD

Without wanting to appear thick! Is this the new claim form for the change over from income support etc if you are disabled? The one where they want to get you back into work? If it is great! I got my letter today telling me i was in the 'fit for work' section, ha! I have a terminal illness, go to the hospital every other day for treatment that keeps me alive. I have a bone disease as well which means my bones are crumbling and my tendons are going, which also means i have mobility and pain issues. Still i can go to work! Id better tell the hospital i have to cancel my treatment because i expect i will be stacking shelves somewhere (sarcasm) Oh and yes i put every single bit of info in the form , plus my specialists details, my hospital details, everything i could think of !

Saversue

IDH - sorry you are so ill and have been classed as fit for work. Are you going to appeal?

In my case this is not a change over from Income Support, but from Indefinite Incapacity, so don't know if it's for the same thing, sorry I can't be of any more help.
Maybe someone more knowledgeble will be able to help. Good Luck.

Richie-from-the-Boro

IHD wrote: »

I have a terminal illness

In which case you will have a DS1500 report from your GP - do you ? - if you don't have a DS1500 :

A GP, consultant or specialist can and will sign a DS1500 report for you. Anyone can ask for this on your behalf. This will 'fast track' any benefits from any source you are entitled to.

The BEL line number is : 0800 88 22 00
Disability Living Allowance: 028 9090 6182
Attendance Allowance: 028 9090 6178
Carers Allowance: 028 9090 6186

In short and within reason you can have anything you need without any requirement to prove anything to anyone, the DS1500 report clears any obstacles for you.

NOTE. This, quite properly, is one of the few fast track avenues. Best of luck

zzzLazyDaisy

Some gps/consultants won't give a DS1500 report because of the psychological effect on the patient of receiving a report saying they are expected to die within 6 months - and for many terminally ill patients that may not be the case.

However even if they are reluctant to give you a DS1500 report they should have no difficulty in confirming that you come within regulation 35 (that being found fit for work related activity is likely to put your health at risk).

See here for more information

http://blacktrianglecampaign.org/2012/11/28/two-regulations-could-hold-the-key-to-winning-esa-appeals/

My GP and my both my Consultants included this recommendation in their reports to ATOS and I was put into the Support Group without attending an assessment. So it is definitely worth pursuing this.

hth

D

IHD

Oh thanks once again guys you always come to my rescue! No one can say how long i will live because the treatment is keeping me alive, for now. It could be 12 months , it could be 12 days, how long is a piece of string! I can only say im going downhill and not having decent results from it anymore and this bone disease is causing concern. Who is the best person to contact for advice? I spoke to someone from Disability Support in my area but they didnt mention that form. They just said i had to write 2 letters ,one an appeal and the other for the support group classification?

Richie-from-the-Boro

IHD wrote: »

Oh thanks once again guys you always come to my rescue! No one can say how long i will live because the treatment is keeping me alive, for now. It could be 12 months , it could be 12 days, how long is a piece of string! I can only say im going downhill and not having decent results from it anymore and this bone disease is causing concern. Who is the best person to contact for advice? I spoke to someone from Disability Support in my area but they didnt mention that form. They just said i had to write 2 letters ,one an appeal and the other for the support group classification?

If as you stated you are 'terminally ill - a GP, consultant or specialist can and will sign a DS1500 report for you. Anyone can ask for this on your behalf. This will 'fast track' any benefits from any source you are entitled to. See # 44

Brassedoff

SaverSue: Will send proof of postage or recoded - usually send any important documents recorded for my own peace of mind.

That's fine and even better, I know sending them like that will cost a bit so back off saying its a must. Well done on the cross referencing. For me when I do legal formers or 5000 page tenders, its second nature. But imagine someone at the DWP opening your, everything should be so clear and easy when you say something affects you on page 34(5), your cross referenced letter gives them an easy task to say OK, you have proof. Well done, good luck.

IHD, you keep up the fight. Live every day and prove them wrong!

Saversue

Thought some of you may like to know the outcome.
Just had my phone call to inform me I have been put into the Support Group for the maximum allowed time of 3 years, without a medical. Just on my information and a report from GP. So Fantastic News.

Seemed not to know about my Ill Health Pension, because advisor wanted to check if I was entitled to any other benefits ( which I know I am not).
Told her I had put information about ill health pension on my form and I paid tax on my Incapacity Benefit through my pension.
I explained that I started getting Incapacity before April 2001, then she saw I got HR DLA and all was fine regarding claw-backs.
Payday has changed to a Monday, wanted me to know as Incapacity was Friday and there will be a slight gap on change-over in August.

Will get letter sent in the post, but they will not return additional information, unless it is originals. All gets put in personal file, then after a certain time gets removed and "stored separately". So when reapplying need to send in further copies, even if the same evidence as they won't look back.

Thank you to all those who responded to my original post.
Now going to celebrate with a nice cup of coffee, but had to let you know first.

beanielou

So pleased fo you SaverSue :j :j

Saversue

beanielou wrote: »

So pleased fo you SaverSue :j :j

Thank You - just keep thinking did I hear right and I think she said Contribution Based Support and have read something about that, but can't quite remember what ( good or bad?) so will have to read back some posts as given myself an almighty headache.