ESA - Time to try again?

CyberStein

Hi there. It's kind of difficult to talk about this, but I was on ESA for almost 2 years. I believe I was in the Work Related Activity group, receiving £198.30 every fortnight and £82.20 every month for DLA. I was unable to work due to severe social anxiety and depression.

I'm now 21 and have been off of ESA for just over 6 months after failing an ATOS healthcare assessment. At first I saw it as a blessing in disguise, a chance to stop thinking I'm "down and out" and to (foolishly?) let the worry of running out of funds push me into making progress. So naturally, I tried to keep a positive outlook and didn't appeal this decision. Looking back on it, I think I put too much of a brave face on during the assessment and maybe exaggerated the progress I'd been making. I only go out once or twice a week and during fairly strict circumstances. Most Thursdays, I leave home just before midday to return back just past 1PM, having taken a guitar lesson which is like therapy for me. And occasionally, maybe once or twice a month, (never during school holidays) I may get a bus (again during those hours) to travel to see my family over in the city. During my time on ESA, I had multiple courses of therapy and (completed?) Cognitive Behavioural Therapy which I was discharged from after just 2 or so months, after being on a painful 9 month waiting list. I also completed an Open University course for maths.

Now, I've also got a partner who lives a few counties away, who I've visited a couple of times (he usually comes here to visit me), but the journey really takes it out of me with the social anxiety (and now the costs...)

Right now I'm really struggling. I live at home and pay a little money each week to my family as board (~£5) and buy some of my own food and drinks too. I had a little money saved up, but since coming off of ESA, I've now got less than £200, which cannot support me whatsoever. I'm soon not going to be able to afford the cost of transport, either. It's like being pulled off of ESA has stripped me of my slowly building confidence and independence which again, I was slowly building up. My depression is getting worse and I'm wanting less and less to do things that otherwise I may have been fine doing. My insomnia has returned, as have night-time panic attacks.

My mother's rang the benefits agency and they have said to try opening a new claim, which would require a Doctor's letter (I believe) and some paperwork, followed by the daunting assessments and such all over again.

Am I right in thinking that my claim would most-likely be accepted? I'm not really sure what changed, but I've heard that ESA has tightened-up a lot. I looked at the "mark scheme" for assessing ESA claimants and I wouldn't have personally scored myself enough points to meet the quota it stated I needed, yet I had been on ESA for a long time before I stopped receiving it so I'm assuming there is (or was?) some leniency there.

If you could give me any pointers or help, it would be greatly appreciated. Thank you.

Twisted_Cherry

Hello!

You should claim again, the trick I feel is to submit lots of supporting evidence with your claim about health problems, especially mental health. Doctor's letters, hospital letters etc.

Do you have a CAB or a Welfare Rights in your area where you can go for help and guidance fill in the form? If so book an appointment with them.

I migrated recently from Incapacity Benefit to ESA, and was placed in the Support Group, it was relatively easy decision made in three weeks and I was shocked, seriously thought I would have a battle on my hands. Completed the form online using the PDF file, click and save it to your computer here!

I fully understand the Insomnia you experience as well! It's quarter past 4 and I am posting this an hour after you! Insomnia sucks and mine has gradually been returning for the past week or so!

There will probably be some other helpful board users along to offer advice as well shortly!

Good Luck!

rogerblack

You can make a late appeal against the decision to terminate your ESA.
This can be done up to 13 months after the original decision.
You can also make a fresh claim for ESA.

Doing the former may if successful lead to backpay for the period.

CyberStein

Twisted_Cherry wrote: »

Hello!

You should claim again, the trick I feel is to submit lots of supporting evidence with your claim about health problems, especially mental health. Doctor's letters, hospital letters etc.

Do you have a CAB or a Welfare Rights in your area where you can go for help and guidance fill in the form? If so book an appointment with them.

I migrated recently from Incapacity Benefit to ESA, and was placed in the Support Group, it was relatively easy decision made in three weeks and I was shocked, seriously thought I would have a battle on my hands. Completed the form online using the PDF file, click and save it to your computer here!

I fully understand the Insomnia you experience as well! It's quarter past 4 and I am posting this an hour after you! Insomnia sucks and mine has gradually been returning for the past week or so!

There will probably be some other helpful board users along to offer advice as well shortly!

Good Luck!

Thank you. I do have a CAB fairly locally that I can make use of if I feel I need to.

rogerblack wrote: »

You can make a late appeal against the decision to terminate your ESA.
This can be done up to 13 months after the original decision.
You can also make a fresh claim for ESA.

Doing the former may if successful lead to backpay for the period.

That is very interesting, thanks. How would I go about looking into this?

rogerblack

AshleyAlden wrote: »

Thank you. I do have a CAB fairly locally that I can make use of if I feel I need to.



That is very interesting, thanks. How would I go about looking into this?

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong - this is the relevant form.
You would submit this - containing the reasons why you disagree with the decision.

CyberStein

rogerblack wrote: »

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong - this is the relevant form.
You would submit this - containing the reasons why you disagree with the decision.

Thank you. Am I right in my assumption that the appeal only concerns the time up until the decision was made, so the fact that I've began to struggle a lot more without it is irrelevant in this case?

CyberStein

Also, I've been in contact with a family member who works for the Job Centre and she has said, as she knows my money is running out fast, that depending on the terms of ESA it may be worth looking into whether I can open up a new claim in the meantime as she states that's what people can do on a different benefit that she deals with, but she's not sure if it is permitted under my circumstances and on ESA. Is this an option for me?

Edit: Sorry for the double post, I meant to edit my previous one.

HB58

AshleyAlden wrote: »

Thank you. Am I right in my assumption that the appeal only concerns the time up until the decision was made, so the fact that I've began to struggle a lot more without it is irrelevant in this case?

Yes, that is correct. You can appeal and start a new claim (although you need to be careful because the new claim would supersede the Appeal decision).

portly1

rogerblack wrote: »

https://www.gov.uk/government/publications/gl24-if-you-think-our-decision-is-wrong - this is the relevant form.
You would submit this - containing the reasons why you disagree with the decision.

Would it not be wise to also mention that the late appeal has to be backed up with a good enough reason as to why it wasn't submitted within the 1 month period?

The poster gave the reason as - 'So naturally, I tried to keep a positive outlook and didn't appeal this decision.'

It is clear to me that they knew about the appeal system at the time and made a conscious decision not to bother going down that route because - 'after failing an ATOS healthcare assessment. At first I saw it as a blessing in disguise, a chance to stop thinking I'm "down and out'.

I doubt very much that the DWP would accept a late appeal knowing that.

CyberStein

portly1 wrote: »

Would it not be wise to also mention that the late appeal has to be backed up with a good enough reason as to why it wasn't submitted within the 1 month period?

The poster gave the reason as - 'So naturally, I tried to keep a positive outlook and didn't appeal this decision.'

It is clear to me that they knew about the appeal system at the time and made a conscious decision not to bother going down that route because - 'after failing an ATOS healthcare assessment. At first I saw it as a blessing in disguise, a chance to stop thinking I'm "down and out'.

I doubt very much that the DWP would accept a late appeal knowing that.

Although that's the short of it, I was under a lot of pressure from family and those around me to "move on" and "get a job/training" which put me under a lot of stress. By coming off of the benefit, I felt like I'd get a break from the pressures of being seen as a down-and-out on ESA. I was also very anxious about the appeal process and didn't quite understand what was to be done. I thought that I'd be able to move on a bit, but that didn't happen at all. Since the depression and anxiety constitute a large portion of my condition, would that all be more applicable in terms of stating why the appeal is late?

portly1

AshleyAlden wrote: »

Although that's the short of it, I was under a lot of pressure from family and those around me to "move on" and "get a job/training" which put me under a lot of stress. By coming off of the benefit, I felt like I'd get a break from the pressures of being seen as a down-and-out on ESA. I was also very anxious about the appeal process and didn't quite understand what was to be done. I thought that I'd be able to move on a bit, but that didn't happen at all. Since the depression and anxiety constitute a large portion of my condition, would that all be more applicable in terms of stating why the appeal is late?

You could try it on with them. Mainly late appeals are granted for say proving that you have been in hospital for many months, or you were unable to get out of the house etc.