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ESA Reassessment Approach

2

Comments

  • tomtontom wrote: »
    The difference between you and the OP is that you have tried working, and your renewal is based on your existing condition, not how you were many years ago.

    If OP reclaims based on non existent agoraphobia then, if his lies are discovered, a return to work will be the least of his worries.

    I do not have a non existing condition. Thank you very much. I don't take 7 years out of my dream profession to sit on the sofa and watch Jeremy Kyle all day in near poverty, boredom and repetition. Work was the cause of my agoraphobia. I am now obviously not working. But a return to work, full time, would be too much a jump. I am though happy to risk/ gamble/ try part time work. This may or may not work out for the good. However, to say this to my HCP may just be the excuse they need to send me back to JSA. And then I really will need full time work. I'm sorry if my situation falls in line with what you believe a liar to be but staying on my path as it is will bring me closer to full time work than being found fit to work by the HCP. That will 100% cause an averse reaction to my condition.
  • Charlie_the_Unicorn.
    Charlie_the_Unicorn. Posts: 43 Forumite
    edited 7 August 2016 at 8:24AM
    There is a special circumstance people can pass their ESA on which is a return to work will cause a detriment to the individual's mental health. It is not the specific job title or industry that is the problem either.
  • Bananas123 wrote: »

    i think some people are confused (i am being honest with you / not trying to be nasty etc <) because some of the things you have said, don't really read well, sound a little bit "entitled" or correct word..

    also, as you are seeing a specialist / medication CURRENTLY < that's ALOT of evidence already for being honest and current ?

    but referencing from history, as if now, is not good.

    also no webs of inaccuricies in claim to unravel potentially ?.

    best thing to do, is to look after yourself in the mean time > try and propogate clear thinking ?

    There's a few points there.

    I understand how you may think I have an entitled outlook, but I assure you I am wanting to get back into work ASAP. Ambitions and the desire to work have not disappeared since the day I left work. I understand my health very well, and I know where progress comes from and where it doesn't there used to be a time just looking at a job website would cause rank anxiety.

    I'm seeing a specialist for a related condition. But nothing specific to my agoraphobia though I did write their details on the form.

    Referencing from history in my answers written and spoken will be better than present day. Maybe. I've tried telling the truth before and got me nowhere. There is no chance of remaining on ESA were I to say things are generally fine. I told them in the past that anxiety hits almost every day in almost every situation and their report said I was fit for work.

    Unraveling inaccuracies? I've embellished my reaction to situations that, though don't hit me with anxiety like before, they still require me to be vigilant and use the tools learned from psychologists. When as before anxiety would hit, now I am open to an attack but I cope, but only because I am not experiencing the cause of the attacks which is work. The triggers however, remain and I'm all to aware of them.

    Clear thinking is what has got me to where I am now. Plenty of meditation, mindfulness etc. I would like to be back in full time work within 18 months but right now, part time is the only work I could do, and the only path to be in a position to go full time.


    Thanks.
  • tomtontom wrote: »
    The difference between you and the OP is that you have tried working, and your renewal is based on your existing condition, not how you were many years ago.

    If OP reclaims based on non existent agoraphobia then, if his lies are discovered, a return to work will be the least of his worries.

    PS, I have tried working. Having my CV out there in the big wide world was enough to bring about attacks. The desire to work does not go away.
  • Bananas123
    Bananas123 Posts: 311 Forumite
    sorry it was just the:
    So I'm essentially going fill out my application in the way my condition effected me those few years ago, rather than now.

    kind of reads "i don't give a damn / i can write it how i want" ("as i am entitled to the benefit")

    like it doesn't read good < honestly, not picking.

    then you continue saying your going to willingly, "lie" / "embellish" (same difference if you are not being honest) < if you are going to write the past ? why not write the future ?

    "i am dead, give me esa"

    ...

    if you write down, history > you have set an inaccuracy > your claim will have to corresponds to the innacuricies thereafter > if you goto tribunal, remember, it is their job to find inaccuracies (from both sides).... and it is their profession to do so.

    but it's your claim,

    all i can advise is "don't lie"
  • Alice_Holt
    Alice_Holt Posts: 6,094 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    OP - you have identified the criteria that best fits your condition - i.e S29 - substantial risk to health if found fit for work.
    http://www.cpag.org.uk/content/esa-and-substantial-risk

    When you complete the ESa 50 renewal form and in the assessment, I think you should major on this.
    Describe how trying to work has affected you etc.

    It is very possible that you will need to take the decision to appeal as both Maximus & the DWP are poor at assessing the impact of mental health. If you write up (and present) your condition as it was, not as it is now, then this is likely to go against you at a Tribunal. There is a real danger that the panel will not view you as a credible witness.

    My advice would be to concentrate on S29, and seek evidence to support this. Would your GP back you? Friends, carers, family who could provide supporting evidence?
    Alice Holt Forest situated some 4 miles south of Farnham forms the most northerly gateway to the South Downs National Park.
  • Bananas123 wrote: »
    sorry it was just the:



    kind of reads "i don't give a damn / i can write it how i want" ("as i am entitled to the benefit")

    like it doesn't read good < honestly, not picking.

    then you continue saying your going to willingly, "lie" / "embellish" (same difference if you are not being honest) < if you are going to write the past ? why not write the future ?

    "i am dead, give me esa"

    ...

    if you write down, history > you have set an inaccuracy > your claim will have to corresponds to the innacuricies thereafter > if you goto tribunal, remember, it is their job to find inaccuracies (from both sides).... and it is their profession to do so.

    but it's your claim,

    all i can advise is "don't lie"

    Fine but don't forget I will be dealing with an essentially corrupt process (unless things have changed in the last few years). I do not know if you have been through the ESA process or commenting without knowledge?

    Getting the result I need for my health is what is important, and the most expedient way back into work. A case of outcome before process.

    However, you points are taken.
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I have no more advice for you about your ESA reassessment other than what has been said.

    However, I want to focus on something that you mentioned earlier.

    First of all Permitted Work has to be under 16 hrs. I am presuming you haven't gone this route because you are concerned that they will see this as a contradiction to your answers on the ESA form.

    Ultimately it is your choice as regards what you do as regards the form but just wanted to give you a 'heads up' if you are refused ESA.

    If you feel that you are capable of working for 16 hrs then it is possible that you could claim working tax credits based on the disability element.

    https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/509036/WTC2_02_16.pdf

    Reading through the criteria it appears that you might be eligible. You could ring tax credits and enquire.

    Would this be a possibility for you?
  • Hi Pmlindyloo,

    When people come to these forums for help, its amazing that there are more people looking to poke holes in your credibility than offer anything to do to with the post it self.

    So thank you. And yes, I was looking at the part time work available only to get the reassessment form come through which made me stop.

    Do you know if doing 'permitted hours' is a specific element of ESA and the reassessment with the HCP will need to adhere to this? I think you can do permitted hours for up to a year before being taken of ESA.

    If I told them I was looking to do this, then as above it would be a ticket to JSA immediately, and I'll be back to where I started.

    I'm afraid tax credits etc are completely over my head but I'll book mark the link for when I do hopefully start permitted hours. Thanks!
  • pmlindyloo
    pmlindyloo Posts: 13,099 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You cannot do permitted work and claim tax credits. Permitted work is for less than 16 hrs and to claim working tax credits with the disability element you would need to do a minimum of 16 hrs.

    I was really mentioning doing 16 hrs and claiming tax credits rather than claiming ESA.

    If you were on a low income you could still be eligible for HB and CT reduction.
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