Help with ESA, im confused!

matire

I had a atos medical 57 weeks ago and i appealed against there decision which i am still waiting for my appeal date yet. When i had my medical i was suffering incontinence and severe pain and was awaiting scans and results i scored 6 points, but since this i have urge and stress incontinence and had a operation which has failed and now have to self catheterize myself 5 times a day, due to the sever incontinence. Will they take this into consideration on my appeal how bad the incontinence is now or will they only go off what i was like at the time i had my medical. i have sent them all medical records of my operations and doctors letters stating how bad i am now and what is happening

pmlindyloo

matire wrote: »

I had a atos medical 57 weeks ago and i appealed against there decision which i am still waiting for my appeal date yet. When i had my medical i was suffering incontinence and severe pain and was awaiting scans and results i scored 6 points, but since this i have urge and stress incontinence and had a operation which has failed and now have to self catheterize myself 5 times a day, due to the sever incontinence. Will they take this into consideration on my appeal how bad the incontinence is now or will they only go off what i was like at the time i had my medical. i have sent them all medical records of my operations and doctors letters stating how bad i am now and what is happening

It is better to start your own thread about this. People may miss your post or confuse it with the original poster's thread.

Copy and paste your post into the New Thread ('button' located at the top left of this benefits forum)

epitome

glezga wrote: »

I was told in june/ july im being placed on the work related group and with contribution based payments.

You can appeal the original decision of June July, it sounds like you have a recent reconsideration letter where they have not chnaged their decision, you can appeal against this letter within 1 month. Get appeal form from a jobcentre if convenient.

You need to satisfy one of these criteria in June/July 2013
http://forums.moneysavingexpert.com/showpost.php?p=62717971&postcount=5

Your diagnosis that you had.... all you need is the doctor to write a letter of diagnosis that they believe you have had this condition for a long time... ask them to say you have had it from including the date you claimed ESA. This will make the diagnosis relvant to the appeal.

If the doctor is unwilling, then the diagnosis is not relevant to the appeal, and you will have to base your appeal on the conditions you had when you were assessed (the date of the decision june/july).

What were you claiming before ESA ? Were you on Incapacity Benefit?
If you were on Incapacity Benefit and your partners employment hours mean you will not qualif y for ESA IR... then when your ESA 365 days (payment) finishes you will not be able to make a new claim to get another year of WRAG payments. Unless you worked and earned approx £3000 during either April2011/12 or April2012/13

After your 365 days finishes your claim remains open for NI credits, if you think at any point your condition has worsened so that you think you should be in Support Group you should ask for a supersession (a re-assessment) by writing a letter and providing evidence of the deterioration.

epitome

pmlindyloo wrote: »

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.

Where is this quote from?

This advice is unnecessary and could be detrimental to the claimant. If someone is in ESA C WRAG that has finished paying the claim automatically remains open with regular re-assessments, if any of these go to support group the claim will start paying again. There is no need to ask to be continually assessed you will be anyway. If your condition does get worse you should not make a new claim...you should ask for a supercession ...an assessment...if you made a new claim you might end up losing your ESA C entitlement if you had not worked during the new tax years used for the new claim........ depending on the processing rules for a new claim when there is an existing NI credits only ESA C claim already open.