ESA Medical failed, but I receive Carers allowance. What happens.

[Deleted User]

I have been on ESA (Incapacity Benefit) for near 10 years. I have always passed my medicals, apart from one 5 years ago (I appealed and won), and have just failed another one.

Not sure exactly what happens, and what to do. As I think things have changed, since I failed my last one. Plus there's the matter of carers allowance.

I received a letter today saying that my ESA, stopped on the 6th of June. Now I understand why I received a payment of £62.99 yesterday. And that I should start looking for work immediately. So I assume it is up to me to go and sign on? As it means I wont receive any further payments from the DWP, apart from my carers allowance and DLA benefits.

Can I phone up and ask to appeal? Should I do it right now? What happens during this time? Do I need to go and sign on JSA? I also receive carers allowance, do JSA applicants have to job search if they are in receipt of this?

For what it's worth, I gained 6 points for my medical. Oh, the letter says that they tried to contact me on the 6th by phone but were unsuccessful. However, there was no miss calls!

Thanks.

Darksparkle

Can't you claim Income Support if on Carers Allowance?

[Deleted User]

Darksparkle wrote: »

Can't you claim Income Support if on Carers Allowance?

Thanks for your answer. To be honest, after all these years, I still don't know how the benefit system works.

If I ask for income support, does that mean there is no point me appealing my ESA claim? Do you only get Income support for a short time? Is it just as much as ESA?

I have lost my ESA, but I get DLA mobility and daily rates. Plus carers allowance for my mother, with whom I live with.

Thanks

pmlindyloo

What rates of DLA do you get?

What rates does your mum get?

You might want to go to CAB or see a welfare adviser as there are several options open to you.

1. You can appeal the ESA decision (a welfare adviser should advise you if they think you have grounds to appeal)
2. You can go on JSA/Income Support (top up for your CA) whilst asking for a reconsideration for ESA and then go back to ESA assessment rate whilst going to tribunal.
3. If you do not appeal the ESA decision you can go onto Income Support as a 'top up' to your CA or claim JSA.

Difficult for us to comment further as we do not know if you meet the ESA descriptors.

But you do have options.



Best to get some professional advice.

[Deleted User]

pmlindyloo wrote: »

What rates of DLA do you get?

What rates does your mum get?

You might want to go to CAB or see a welfare adviser as there are several options open to you.

1. You can appeal the ESA decision (a welfare adviser should advise you if they think you have grounds to appeal)
2. You can go on JSA/Income Support (top up for your CA) whilst asking for a reconsideration for ESA and then go back to ESA assessment rate whilst going to tribunal.
3. If you do not appeal the ESA decision you can go onto Income Support as a 'top up' to your CA or claim JSA.

Difficult for us to comment further as we do not know if you meet the ESA descriptors.

But you do have options.



Best to get some professional advice.

Thanks for your reply.

I receive DLA care and mobility, both at the low rate.

My mum receives ESA support group rate, and DLA care and mobility both middle rates.

Thanks.

constantworrier

Deleted_User wrote: »

I have been on ESA (Incapacity Benefit) for near 10 years. I have always passed my medicals, apart from one 5 years ago (I appealed and won), and have just failed another one.

Not sure exactly what happens, and what to do. As I think things have changed, since I failed my last one. Plus there's the matter of carers allowance.

I received a letter today saying that my ESA, stopped on the 6th of June. Now I understand why I received a payment of £62.99 yesterday. And that I should start looking for work immediately. So I assume it is up to me to go and sign on? As it means I wont receive any further payments from the DWP, apart from my carers allowance and DLA benefits.

Can I phone up and ask to appeal? Should I do it right now? What happens during this time? Do I need to go and sign on JSA? I also receive carers allowance, do JSA applicants have to job search if they are in receipt of this?

For what it's worth, I gained 6 points for my medical. Oh, the letter says that they tried to contact me on the 6th by phone but were unsuccessful. However, there was no miss calls!

Thanks.

They did a similar thing to me, but they said they had a conversation with me and I agreed that I had no more evidence to send. They never called me at all and of course they didn't speak to me, yet when I sent the Mandatory Reconsideration letter and told them they had not spoken to me they still insist they did and they were quite nasty almost calling me a liar. I have appealed to the tribunal and have asked the DWP to produce the so called conversation to the tribunal board.
Ask for a Mandatory Reconsideration as soon as possible.

[Deleted User]

constantworrier wrote: »

They did a similar thing to me, but they said they had a conversation with me and I agreed that I had no more evidence to send. They never called me at all and of course they didn't speak to me, yet when I sent the Mandatory Reconsideration letter and told them they had not spoken to me they still insist they did and they were quite nasty almost calling me a liar. I have appealed to the tribunal and have asked the DWP to produce the so called conversation to the tribunal board.
Ask for a Mandatory Reconsideration as soon as possible.

That's horrible. Sorry to hear that. Why do they lie and say they tried to phone us??? Or in your case, said they had an actual conversation with you???

I am really confused. As somebody mentioned Income Support, and I don't know if I need to appeal my ESA. And will I have no income for a while? (apart from DLA and carers allowance)

constantworrier

Deleted_User wrote: »

That's horrible. Sorry to hear that. Why do they lie and say they tried to phone us??? Or in your case, said they had an actual conversation with you???

I am really confused. As somebody mentioned Income Support, and I don't know if I need to appeal my ESA. And will I have no income for a while? (apart from DLA and carers allowance)

Sorry I don't know what you should do. I'm sure someone will have some advice for you soon. But you must ask for a MR. Good Luck.

pmlindyloo

It is confusing isn't it?

Basically you have to decide whether you want to appeal your ESA decision or not - we can't make that decision for you which is why I suggested that you got some professional advice.

If you decided to appeal your ESA decision then during the reconsideration (when they look at your claim again) you cannot claim ESA.

During the reconsideration period you have two choices. You can claim JSA or you can claim Income Support. You are entitled to Income Support because you are claiming Carer's allowance. The money will be the same.

After the reconsideration if they do not change their decision then you can appeal to a tribunal. During this time you can go back on ESA at the assessment rate or you could continue to claim JSA or Income Support ( a little more money on either of these as you would get a disability element because you are claiming DLA).

If you decide not to appeal your ESA then you can claim either JSA (if you feel you are fit for work) or you can claim Income Support as you receive Carer's Allowance.

If you appeal your ESA decision and get placed into either WRAG or the Support group then this would be more money because you get the extra component (more money) because you have been placed in a group.

So, if you are certain that you will win your ESA appeal then there is more money in claiming this benefit.

If you do not think you would win your appeal then claim JSA or Income Support (you are eligible for both)

With JSA you would have to meet the JSA agreement conditions. With Income Support, as you are a carer you might have to attend an interview but once you explain that you are a carer they may not recall you for interviews. (depends on how much care your mum needs)

Or, of course you could find a job.

So difficult for us as we don't know your disabilities or how much care your mum needs.


Hope this explanation has helped a little but please get some professional advice.

At the very least you know the possible options.