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ESA vs DLA - advice please

BlueKangaroo2
Posts: 5 Forumite
Hi all
I'm new to this forum but am hoping someone may be able to offer some advice....
My dh has been unwell for a long time. He came home from hospital but lost his job in the interim (due to the sickness) & claimed for & was awarded ESA.
He was only home for a short time before being re-admitted. Since then I've had to form in a long form about what he can/can't do on his behalf but will have to get him to sign it to show he agrees. The problem is he's now not really well enough to do this & he's very up and down (to extremes) anyway so it's difficult to give a picture of how he 'usually' is.
Whilst the drs say he should make a full recovery, they've also talked about other people in his situation that have needed support (not sure in what form, for years down the line).
Anyway, was wondering if I should speak to someone about applying for dla instead? I've had a bit of read up on the gov website but it doesn't seem that clear to me & I understand that since changes have been made to the awards, so people are finding it very difficult to claim.
Advice appreciated!
I'm new to this forum but am hoping someone may be able to offer some advice....
My dh has been unwell for a long time. He came home from hospital but lost his job in the interim (due to the sickness) & claimed for & was awarded ESA.
He was only home for a short time before being re-admitted. Since then I've had to form in a long form about what he can/can't do on his behalf but will have to get him to sign it to show he agrees. The problem is he's now not really well enough to do this & he's very up and down (to extremes) anyway so it's difficult to give a picture of how he 'usually' is.
Whilst the drs say he should make a full recovery, they've also talked about other people in his situation that have needed support (not sure in what form, for years down the line).
Anyway, was wondering if I should speak to someone about applying for dla instead? I've had a bit of read up on the gov website but it doesn't seem that clear to me & I understand that since changes have been made to the awards, so people are finding it very difficult to claim.
Advice appreciated!
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Comments
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Hi. You can claim for, and receive, DLA (now Personal Independence Payment) and ESA. It isn't an either/or.0
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I had no idea - thanks very much!
Do you have any idea whether he might qualify for it in the circumstances?0 -
BlueKangaroo2 wrote: »I had no idea - thanks very much!
Do you have any idea whether he might qualify for it in the circumstances?
You've not really outlined the problems.
In short - PIP requires that the person has care or mobility needs that reasonably need help - and those needs have existed for 3 months, and will continue to exist for another 9.
ESA can in principle be claimed for a week, on the other hand.
Fluctuating conditions in PIP are generally treated on the basis that if you can't do something on most days - you can't do it at all for the purposes of the regulations.
If his condition is expected to improve to the extent he does not need (for example) help getting around outside/finding his way, or care/help during the night or day, or so that he can cook a meal for one within 9 months - he may not qualify for PIP - nomatter what his short term condition.
(There are exceptions to the above - for example those without both feet can get high-rate mobility even if they are fully able to walk with adaptations, or those with terminal illnesses do not need to meet the normal conditions)0 -
BlueKangaroo2 wrote: »I had no idea - thanks very much!
Do you have any idea whether he might qualify for it in the circumstances?
Yeah, it is possible. To give a bit more info (was short of time before): -
DLA/PIP is just for people who have care or mobility needs, whether in employment, full time study or unemployed/too sick to work.
ESA is for people who have a limited capability for work due to illness or disability. It replaced income support (on the grounds of illness/disability) and incapability benefit.
Both can therefore be claimed together.
As for whether he'll get PIP (DLA), I'm afraid I can't say, especially as you haven't given much information. PIP consists of two components - mobility and care. If he has chronic mobility and/or care needs then, yes, he could qualify. However, don't be surprised if the claim is originally rejected and you need to appeal. This often happens.
DLA was always difficult to claim for many, so that's nothing new. It was really a test of saying the right things on the form (ie. knowing the hoops and jumping through them thus filling in the form correctly) and many claims were rejected before accepted on appeal. For example, I was rejected so appealed. A few months later I was awarded middle care and lower mobility.0 -
Thanks for the info.
Am quite vague as the situation is a bit of a strange one - took a long time to diagnose illness & symptoms can be up & down. On one day can't move from bed & do anything / & it's a struggle to hold coherent conversation & the next such a marked improvement you wouldn't believe it's the same person.
My concern is that he/we will need additional support when he's out of hospital & I want to do what I can to secure this. How do you know the right ways to word things etc? Or do you get feedback if declined & then appeal on this basis if appropriate?
Am I also ok to apply on his behalf whilst he's in hospital?
Thanks again0 -
You are in a rather difficult situation where your other half cannot fill in the form himself and is leaving it to someone else who has to try to think as he does.
If that form isn't returned - ESA will cease altogether.
However he does have you to help which is a lot better than someone who is in hospital who has no one at home to keep things going. In that case everything can just stop.
At best all you can do is get him to sign the forms.0 -
I believe they can be read out to him and signed on his behalf? I do this for my son (whose nearly18) all the time. About six months ago I received a form from DLA asking if my son could represent himself (and take responsibility for his benefits, I talked to him about it and he decided that he'd rather I dealt with it all because he does have problems understanding things sometimes - he has aspergers - so I continue to sign for him but explain things to him so he's fully involved.
He also has problems writing so signing his name is difficult although I'm sure any mark would do.., its a bit embarrassing for him.
I would recommend doing a bit of research online (what I had to do with DLA), find out how the scoring system works, what applies to your husband. The way I was told was to fill it in with 'everyday is your worst day' because unfortunately if you write 'normally he can walk 50 feet but on some days he can walk 200 feet' the people reading it will only note down the sometimes answer. Its not the way it should work but it is the way it does work.0 -
BlueKangaroo2 wrote: »Thanks for the info.
Am quite vague as the situation is a bit of a strange one - took a long time to diagnose illness & symptoms can be up & down. On one day can't move from bed & do anything / & it's a struggle to hold coherent conversation & the next such a marked improvement you wouldn't believe it's the same person.
My concern is that he/we will need additional support when he's out of hospital & I want to do what I can to secure this. How do you know the right ways to word things etc? Or do you get feedback if declined & then appeal on this basis if appropriate?
Am I also ok to apply on his behalf whilst he's in hospital?
Thanks again
I have no connection with this site, and it does charge £20 per year, but they have step by step guides and info about how to claim these benefits (and how to appeal, if necessary). They also have a forum where experienced advisors will answer any questions you may have.
They are very good, and it might be worth paying £20 for a year's subscription:
http://www.benefitsandwork.co.uk/
LinYou can tell a lot about a woman by her hands..........for instance, if they are placed around your throat, she's probably slightly upset.0 -
Please do not fill on forms as deannatrois recommends, as though the worst day is every day. If you do this, you are claiming to have that much difficulty every day, and if that is not the case, it means that you are filling in the form fraudulently. Instead, you should use average days. You can also write something along the lines of 'on most days x happens, but on worse days y happens. Worse days usually occur z times a week/month'.
If you do fill out everything as though it is your worst day, and are found out, you risk prosecution.0 -
kingfisherblue wrote: »Please do not fill on forms as deannatrois recommends, as though the worst day is every day. If you do this, you are claiming to have that much difficulty every day, and if that is not the case, it means that you are filling in the form fraudulently. Instead, you should use average days. You can also write something along the lines of 'on most days x happens, but on worse days y happens. Worse days usually occur z times a week/month'.
If you do fill out everything as though it is your worst day, and are found out, you risk prosecution.
This is correct. You have to be scrupulously honest with them or you will ultimately find yourself in big trouble.0
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