Claiming ESA while receiving DLA

Sovverf

Hello,

My girlfriend is on higher rate DLA but her parents have the car instead of the mobility allowance. She has hydrocephalus (leading to multiple head surgeries) and other conditions and has had pneumonia as well as other illnesses in the past but has no obvious physical signs of her condition.

How likely do you think she will be to successfully claim ESA? She has seen the masses of paperwork on the .gov website and is a little overwhelmed.

Does anybody have experience of the process, visits etc and if this will impact in any way on her existing DLA?

Thank you.

ankspon

Be prepared for a fight,i am not trying to scare you but just because you have one does not mean you will get the other,good luck.

Sovverf

Thanks for the reply but what do you mean a fight? Can you elaborate?

ankspon

Your g/friend may well be entitled to both but the DWP do not like to give it away easily,i had to get my MP involved.

Sovverf

Oh wow, OK - did applying affect your previous benefit in any way?

mikey_bach

There are two different types of ESA conts and IR.
If she is only entitled to Income Related ESA and you work over twenty four hours then she will not be entitled anyway.
She may be entitled to ESA conts if she has worked in the last few years and paid full stamp.
If you give a bit more detail then it will be clearer to how a claim may go

speedyturtle

Is your girlfriend on any benefits? if she is on income support than i would leave it as it is as you would get disability premium added on to it.
If you want to go for ESA than i know alot of people who actually cant even walk properly and were told that they are fit to work. The problem is that ATOS dont use no sense. They tick on the computer screen which you cant even see. You might say that she is unable to do something and they tick on something else. I would go to CAB and get some information first and than get them to fill the forms and them to stick with you till the end of your ESA decision.
GoodLuck.

Sovverf

mikey_bach wrote: »

There are two different types of ESA conts and IR.
If she is only entitled to Income Related ESA and you work over twenty four hours then she will not be entitled anyway.
She may be entitled to ESA conts if she has worked in the last few years and paid full stamp.
If you give a bit more detail then it will be clearer to how a claim may go

She lives with her parents and the father does work over 24 hours. She has never been able to work so it seems is unable to claim contribution based ESA.

As said in the OP she receives high rate DLA. Her brother has the same condition on a smaller scale. Not sure if that's relevant but the question comes up on the forms.

Although it sounds like she will not get this it's worth trying. Considering the scrutiny used in awarding this benefit I am wondering if they will come back to re-assess her DLA situation.

ankspon

Sovverf wrote: »

Oh wow, OK - did applying affect your previous benefit in any way?

No it didn't affect it but it took me months of fighting,phone calls and emails just to get them to listen.I got my MP involved and he asked the head of the dept to look at my case,within 2 days she overturned the decision to put me in the WRAG and put me in the support group.She admitted that whomever looked at my form just skimmed over it.

rogerblack

Sovverf wrote: »

Hello,

My girlfriend is on higher rate DLA but her parents have the car instead of the mobility allowance. She has hydrocephalus (leading to multiple head surgeries) and other conditions and has had pneumonia as well as other illnesses in the past but has no obvious physical signs of her condition.

How likely do you think she will be to successfully claim ESA? She has seen the masses of paperwork on the .gov website and is a little overwhelmed.

Does anybody have experience of the process, visits etc and if this will impact in any way on her existing DLA?

Thank you.

ESA is not granted because you have a certain condition, or because the DWP choose to pay it out of the kindness of their hearts.
It is paid because you have been found to meet sufficient of the descriptors for ESA, or are eligible for some other reason.
See below for details of what the criteria are.

https://www.gov.uk/government/publications/esa214-a-guide-to-employment-and-support-allowance-the-work-capability-assessment

pmlindyloo

First of all DLA is a non means tested benefit and can be awarded alongside JSA and ESA. If your girlfriend is found eligible for ESA then she would not lose her DLA.

Your girlfriend's parents' income and savings have no relevance to her eligibility for ESA. It is not taken into account.

Since your girlfriend has not worked for years then she would have to apply for income based ESA. From what you say she is eligible for this unless she has savings over £16000.

She can get help from CAB to complete the form. She will also need to provide fit notes (the old sick notes) from her doctor to send in. She needs evidence from any doctors/consultants/medical professionals to support her claim.

As already said do some goggling about the descriptors for ESA and reading about the process.

If she is turned down for ESA then she can appeal or claim JSA.

What has been living on all this time? The care component of DLA?