Help with ESA, im confused!

glezga

Im pretty confused at my ESA claim. Can anyone help me, sorry if I get the names of things wrong, im new to this.
This is where im at, I was told in june/ july im being placed on the work related group and with contribution based payments. Reading between the lines I think im getting my normal payments until November where my partners income will be taken into account and I wont get a penny, in the meantime I will have to take part in work interviews.
My Dr gave me a letter to place with my esa claim saying im not fit to work but I never even got an atos medical, just a letter saying your on the wrag.
In the past 15 years I have been suffering from depression, anxiety and agoraphobia. I went through therapy for a year to help cope and am on a few different medications.
When the esa claim started, all the horror stories flared my condition up again, ive had it for the past 15 years but worsened significantly and my DR sent me back to a mental health unit where a psychiatrist has just diagnosed me with GAD general anxiety disorder with agoraphobia.
The only part that has changed is the “general” part.
I asked the esa people to look at my claim again in july, i gave them a letter from my key worker saying I was being assessed by a psychiatrist but my appointment wasn’t until 5 September. The day after the appointment I was diagnosed at I received a letter from the ESA saying no change in decision but I can appeal. I checked the appeal form and it says that I CANT use any evidence gained after the original decision date.
Do I give up? I want to! But because 1 word has changed in my diagnosis and the ESA never waited for my diagnosis, I cant appeal, I don’t even have a reason for not getting into the support group in the 1st place or when I asked for a review?
I don’t think this is fair and don’t know where to turn, im currently officially too sick for help like job seekers but not sick enough for help with being sick, my money will stop in November as part of a means test. Im stuck.
My Dr /Psychiatrist and keyworker have all said “don’t worry, your benefits will be ok as you are too sick to work” but the esa wont listen?

Edit: my esa for was correctly filled in and according to the dwp website under GAD rules I qualify

rogerblack

glezga wrote: »

The day after the appointment I was diagnosed at I received a letter from the ESA saying no change in decision but I can appeal. I checked the appeal form and it says that I CANT use any evidence gained after the original decision date.

Your exact diagnosis is irrelevant. (In most cases, certainly this one).

Changes in condition after the date of the decision are irrelevant, and can't affect the decision.
Evidence of the condition that is obtained after the date of decision, but which refers to an ongoing condition that was present before can.

http://www.direct.gov.uk/prod_consum_dg/groups/dg_digitalassets/@dg/@en/@disabled/documents/digitalasset/dg_177366.pdf - which descriptor(s) for the support group - page 25 and on - do you believe you meet.

bloolagoon

They are not saying you are fit for work, they agree you are ill and recognise this, which is why you passed the ESA test.

They are just saying your husband's income is too high for you to get benefits.

glezga

scary stuff! i think my original esa for claimed that due to pannic attacks and agoraphobia that part 1 b

(b) repeatedly mobilise 50 metres within a reasonable timescale because of significant
discomfort or exhaustion.

part 8a
part 10 a &b
part 12, 13 and 14 also

there was much more other evidence but i think thats what was said on that point.

do they have to tell me why im being refused, then look at my original form and argue the point?

i was using this as a guide, im new to this... http://www.dwp.gov.uk/publications/specialist-guides/medical-conditions/a-z-of-medical-conditions/anxiety-disorders/prognosis-and-duration/prognosis-gad-ad.shtml

glezga

@ bloolagoon

so im not entitled to support group because my "wife" earns too much?

bloolagoon

glezga wrote: »

@ bloolagoon

so im not entitled to support group because my "wife" earns too much?

No that is another issue, if you think you are entitled to the support group, but placing someone in WRAG doesn't mean they are fit for work.

They agree you are too ill to work without support by placing you in this group.

glezga

so i need to prove i need support and that should make them change it?

is this why they dont tell you why you re placed in wrag?

nasty stuff!

pmlindyloo

Have a read of this: (particularly point 3)

Time limiting of contribution based ESA (CESA)
A time limit of one year will apply to your ESA if it is contributory ESA, and you are in the ‘work-related activity’ group. The 13-week ‘assessment phase’ will count towards the one-year period. The time limit does not apply to people in the ESA ‘support’ group.

There are several possibilities if your contributory ESA is terminated at the end of the 12-month payment period. In all the following situations, you will need to show that you still have limited capability for work: you will still be required to complete a limited capability for work questionnaire (ESA50) and participate in the work capability assessment where necessary.

1. You may be entitled to income-related ESA instead of contributory ESA. Jobcentre Plus should tell you how to be assessed for this when it contacts you to tell you that your contributory ESA is ending. If you qualify for this it will be paid as soon as your contributory ESA ends.
2. If you cannot get income-related ESA, you can still be credited with National Insurance credits as long as your circumstances do not change. National Insurance credits count towards other benefits including your state retirement pension.
3. If you cannot get income-related ESA, you may be able to claim contributory ESA again in the future if your condition deteriorates – as long as Jobcentre Plus considers that you have continuously had limited capability for work since your contributory ESA stopped. To satisfy this, once contributory ESA ceases you should ask Jobcentre Plus to continue to assess you as having limited capability for work. Then if your condition does get worse you can make a new claim for ESA. You will probably be referred for a work capability assessment. If it is accepted at this assessment that you have limited capability for work-related activity (and can thus be moved into the support group) you can be awarded contributory ESA once more. It will last as long as you remain in the support group.
4. If you cannot get income-related ESA, you may be able to re-qualify for a year of contribution-based ESA for people in the work-related activity group after 12 weeks. It is possible for someone whose time limited ESA has ended to successfully reclaim again in as little as 12 weeks if they meet the National Insurance contribution conditions under a different and later tax year than before.

glezga

so is there any point fighting or just the way it is?

pmlindyloo

glezga wrote: »

so is there any point fighting or just the way it is?

No-one can answer this question as we do not know you.

If you think you fit the descriptors for the Support group then follow the advice in point 3 of the above and apply again when your contribution based ESA finishes.

Contribution ESA only lasts for a year if you are in the WRAG group. Then you are assessed for income based. As you say because your OH works then you will not be entitled to this. There are no exceptions to this. The only way to continue to get ESA is to be put in the Support group.

It is presumed that your OH will support you financially.

If you will be struggling financially when your ESA ends and you do not feel that you meet the descriptors for the Support group then you can check if you and your partner are eligible for other benefits.

Have you considered applying for Personal Independence Payment (PIP)? This is not means tested. Google and see if you meet the criteria.

glezga

i think my dla will be stopping soon to replace pip? but i suspect they will completely stop that too, thanks