Husband refused PIP so scared about what we are going to do

Alice_Holt

Faith177 wrote: »

We started his claim today so thank you to not only yourself but everyone else who mentioned it.

Re your ESa claim

ESa is similar to PIP in that:
it is based on a points based scoring system
http://www.benefitsandwork.co.uk/employment-and-support-allowance/start-the-esa-test
there is a medical assessment
you need 15 points to be awarded ESa
you have appeal rights if you disagree with the DWP decision.

Esa has 2 groups - WRAG and the Support Group
http://www.disabilityrightsuk.org/employment-and-support-allowance-overview
Contribution-based ESa is limited to 365 days unless you are placed in the Support Group.

When you receive the ESa 50 form, it is worth looking at:
https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/

http://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-claims

When completing the form:
know where you score the necessary 15 points,
write the form with the activities / descriptors to hand,
give full information and examples explaining why you can’t do the activity reliably, repeatedly, safely, and in a reasonable time (use extra sheets where necessary),
include any available relevant medical evidence,
write the form with an appeal in mind. If you do need to appeal the ESa form will be an important appeal document, so make sure it explains fully why an ESa award is appropriate.

If a return to work would be a substantial risk to health, it’s possible to be awarded ESa on the basis of regulations 29 and 35 regardless of the points scored. See:
http://www.cpag.org.uk/content/making-exception

It is possible your husband may qualify for the support group under Reg 35 (so payments are not limited to 365 days), so carefully explain risk to health in the form. There is no section for this in the form (what a surprise!!!), so include this in the Additional Info box and continue on a separate sheet.
For Reg 35 explain why participation in the WRAG would pose a risk, would your husband be able to get to / cope with interviews, training, voluntary work, etc? A letter from your GP quoting “substantial risk to health” would be helpful.

Payments are £73.10 pw for the first 13 weeks. If placed into the WRAG £101 will be received for a further 39 weeks. A total of c.£4,900.
If placed in the support group, you will not have to undertake work-related activities (although you can volunteer to do so if you want). You will receive a higher rate of ESA than claimants who are put in the work-related activity group. If you are receiving contributory ESA, it can be paid indefinitely (as long as you continue to satisfy the conditions for it).

nannytone_2

this is the same discussion that has been had over and over again.
should DLA/PIP be means tested.?

you ned to look at WHY the benefit is paid.

it is paid to equalise the costs of being disabled against the costs of the able bodied.

it isn't anything to do with how much is earn.

i spend more than my DLA on the help i need to keep me semi independent.
ifgff it was means tested i would be in the same position as i am now....
but if i had a partner ... they would need to support me PLUS pay the costs of my disability.

i'm sorry, but i feel that is unfair.
no one chooses to have a disability that causes them to need help from others.

would it be OK if the partner gives up work to help the disabled person meaning they need state help to support both of them, plus also then qualifying for disability benefit due to low income?

seems to me that too many resent people receiving disability benefit, when it is that benefit that allows a family to contribute purely because the needs cn be met through the benefit

NLW

nannytone wrote: »

this is the same discussion that has been had over and over again.
should DLA/PIP be means tested.?

you ned to look at WHY the benefit is paid.

it is paid to equalise the costs of being disabled against the costs of the able bodied.

it isn't anything to do with how much is earn.

i spend more than my DLA on the help i need to keep me semi independent.
ifgff it was means tested i would be in the same position as i am now....
but if i had a partner ... they would need to support me PLUS pay the costs of my disability.

i'm sorry, but i feel that is unfair.
no one chooses to have a disability that causes them to need help from others.

would it be OK if the partner gives up work to help the disabled person meaning they need state help to support both of them, plus also then qualifying for disability benefit due to low income?

seems to me that too many resent people receiving disability benefit, when it is that benefit that allows a family to contribute purely because the needs cn be met through the benefit

however it should be taken away from people who have no ongoing costs and given to people like yourself who need more support. There are far too many claiming to have a higher standard of life and using it for luxuries. Disability/Sickness benefits are out of control far too many claiming because it is a cushy option compared to minimum wage jobs. It also staggers me how many in the same households claim once the money starts to floew and they learn how to play the system.

nannytone_2

i understand that point of view totally.

my benefit gores a long way to meeting the costs of my disability.
but leaves me nothing extra for 'luxuries'.

if i wasn't disabled i would be working still, and be able to afford a few luxuries.

it is my disability ( not a choice) that prevents me having luxuries.

disability benefits are meant to 'even out' the lives as the disabled to allow them to live as they would without the disability.

bein g disabled shouldn't mean just surviving.
there should be some quality of life

NLW

nannytone wrote: »

i understand that point of view totally.

my benefit gores a long way to meeting the costs of my disability.
but leaves me nothing extra for 'luxuries'.

if i wasn't disabled i would be working still, and be able to afford a few luxuries.

it is my disability ( not a choice) that prevents me having luxuries.

disability benefits are meant to 'even out' the lives as the disabled to allow them to live as they would without the disability.

bein g disabled shouldn't mean just surviving.
there should be some quality of life

But define quality of life? I know a couple with two kids and work minimum wage in supermarket. They drive a 12 year old car never go out, buy kids clothes from car boots ect and have little to no money after paying the mortgage, bills and general living.

However in the same street is a "disabled" couple who go away to their caravan most weekends have a lovely house (he is constantly doing diy) brand new car, smoke and enjoy a holiday abroad at least once a year with all the things the other couple should be enjoying.

Both these couples are in their 40's and one couple have not worked for years this is why there is resentment. Before anybody says "you don't know the circumstances" well I do I know them all very well. This is what breads resentment and calls for change.

nannytone_2

all i know is that having children is a choice and disability is nwhen i had dependant children, i couldn't afford holidays, the kids didn't have the latest fear and gadgets but i worked hard.
with the expectation that one day the kids would be gone and i would be able to afford the things i had to go without because i CHOSE to have a family.

sadly nature is cruel and i lost my sight.

should i still have to go without because i am disabled?

NLW

nannytone wrote: »

all i know is that having children is a choice and disability is nwhen i had dependant children, i couldn't afford holidays, the kids didn't have the latest fear and gadgets but i worked hard.
with the expectation that one day the kids would be gone and i would be able to afford the things i had to go without because i CHOSE to have a family.

sadly nature is cruel and i lost my sight.

should i still have to go without because i am disabled?

Both family's have kids. Sorry.

I don't be leave anybody should go without. It should be provided on a as need basis.

Ames

Faith177 wrote: »

We started his claim today so thank you to not only yourself but everyone else who mentioned it.

Don't rush it - you've got 28 days to get it in, so take all the time, do a bit each day, and give as full answers as you can. It's something that's much better to get right first time.

MoneyMate

Just had a letter come through from Monday's magistrates pip appeal, this goes back to January this year, I've won, thanks to CAB's help.

:j NEVER GIVE UP :j