Old ESA Claim and current issues

wdj40

Hello, I wonder if anyone can help me. I was on ESA contribution based back in 2013-2014 and I thought it odd at the time as I had worked for 18yrs up until needing to claim.
It was abruptly cancelled in September 2014 after around 42 weeks. I had a medical exam by some random person who deemed I was fit to work.

I have a long standing neck injury from back in 2013, after many trips to Dr's, Physio, Neck/Spinal Specialists at the hospital and MRI scan etc it was deemed my neck injury is perminant. On operation was taken off the table as it was deemed to dangerous to operate... unless it gets far worse and then would be considered again.

The random medical person the ESA appointed did not consult any of these, they confirmed in a report that I had 6 points but as I was not mental in any way I was not entitled to anything. I have been stuck in limbo ever since, not claimed anything and not been able to work since 2014.

I called the DWP this morning and the lady refused to take my NI number, refused to help me or even look into whether I am entitled to anything.

I really dont know what to do, its become a real struggle with just my wifes wages. I have sent a message to CAB too as could do with some advice and/or help. I doubt I am entitled to anything as no-one in the past would help from DWP, Job Centre or anywhere else I tried.

I am worried about trying Universal Credit as if they stop my wifes Working Tax Credits we would not be able to pay the rent etc.

I still have documents from 2014 from the random medical person and the mandatory referral I did, which also got me no-where at the time.

[Deleted User]

wdj40 wrote: »

Hello, I wonder if anyone can help me. I was on ESA contribution based back in 2013-2014 and I thought it odd at the time as I had worked for 18yrs up until needing to claim.
It was abruptly cancelled in September 2014 after around 42 weeks. I had a medical exam by some random person who deemed I was fit to work.

I have a long standing neck injury from back in 2013, after many trips to Dr's, Physio, Neck/Spinal Specialists at the hospital and MRI scan etc it was deemed my neck injury is perminant. On operation was taken off the table as it was deemed to dangerous to operate... unless it gets far worse and then would be considered again.

The random medical person the ESA appointed did not consult any of these, they confirmed in a report that I had 6 points but as I was not mental in any way I was not entitled to anything. I have been stuck in limbo ever since, not claimed anything and not been able to work since 2014.

I called the DWP this morning and the lady refused to take my NI number, refused to help me or even look into whether I am entitled to anything.

I really dont know what to do, its become a real struggle with just my wifes wages. I have sent a message to CAB too as could do with some advice and/or help. I doubt I am entitled to anything as no-one in the past would help from DWP, Job Centre or anywhere else I tried.

I am worried about trying Universal Credit as if they stop my wifes Working Tax Credits we would not be able to pay the rent etc.

I still have documents from 2014 from the random medical person and the mandatory referral I did, which also got me no-where at the time.

The time to appeal was back when it happened. 4 years later is too late so phoning them won't get you anywhere as you don't have a claim!

If you've not worked since you won't be entitled to contributions based and as your wife works income based is out.

wdj40

_shel wrote: »

The time to appeal was back when it happened. 4 years later is too late so phoning them won't get you anywhere as you don't have a claim!

If you've not worked since you won't be entitled to contributions based and as your wife works income based is out.

No I do not have a claim and the appeal was shrugged off at the time. But I did have a claim at the same time all these other people had errors in their claims. 4yrs later and people are entitled to what they were owed etc.

All I want to find out is if I was on the wrong one at the time too, as I had worked up until I had to claim. But due to back issues I was put onto ESA, then JSA, then ESA etc etc and I cant remember if Incapacity Benefit at any point before that.

The Job Centre at the time basically inflicted pain on me, knowing I had issues but not supplying any type of decent chair week after week. Sending me to apply for jobs knowing full well I could not do them.

I am unsure of where to turn to for help. All the medical profession have advised I need to be very careful in what i do, if the lumps in my neck worsen or trigger severe nerve damage then an opperation may get put back on the table. Whilst the job centre completely ignores any medical evidence or advice I provided for them at the time.

calcotti

You can use a benefits calculator https://www.entitledto.co.uk to compare your entitlement under UC with what you currently get.

If you were to claim UC and are considered fit to work you will have to look for work. If you have a Fit Note from your GP saying you are not fit for work you can be assessed in the same way as you were for ESA and if found incapable of work would get extra money in the UC.

Depending on how you illness affects you you may wish to look at PIP https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

calcotti

The ESA errors being reviewed are to do with the way ESA was calculated when people were transferred from IB. They have nothing to do with people being found fit for work. Your previous ESA claim is dead.

wdj40

calcotti wrote: »

You can use a benefits calculator https://www.entitledto.co.uk to compare your entitlement under UC with what you currently get.

If you were to claim UC and are considered fit to work you will have to look for work. If you have a Fit Note from your GP saying you are not fit for work you can be assessed in the same way as you were for ESA and if found incapable of work would get extra money in the UC.

Depending on how you illness affects you you may wish to look at PIP https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/pip/before-claiming/check-you-are-eligible/

Thank you for the advice... yes I have had fit notes going back to 2013. As I mentioned though the job centre completely disregarded these after a time and then just flat out ignored them. I had fit notes and hospital appointments ongoing at the time they stopped my ESA.

I have equired with the job centre a couple of times over the last few years but they never help in any way.

I am really worried about applying for Universal Credit, its in my area now. As they will stop all payments to my wife and we would be in real trouble then.

calcotti

wdj40 wrote: »

Thank you for the advice... yes I have had fit notes going back to 2013. As I mentioned though the job centre completely disregarded these after a time and then just flat out ignored them. I had fit notes and hospital appointments ongoing at the time they stopped my ESA.

I have equired with the job centre a couple of times over the last few years but they never help in any way.

I am really worried about applying for Universal Credit, its in my area now. As they will stop all payments to my wife and we would be in real trouble then.

Having a Fit Note does not mean that the DWP will find you not fit for work but it is necessary to have one in order for the DWP to carry out an assessment.

As I said in my previous post you can use a benefits calculator to find out what you might get on UC which may be more or less than you currently get as a Tax Credits.

PIP is a completely separate benefit to ESA or UC and is not means tested so if your illness prevents you doing the activities they look at you could get an award.

Alice_Holt

Is PIP a possibility?
Do you have difficulties with day to day personal care tasks, such as washing, dressing, preparing food?
https://www.benefitsandwork.co.uk/personal-independence-payment-pip/pip-self-test

As others have said ESA is not available to you.

wdj40

No unfortunately I wont qualify for PiP as I can do most tasks... just takes a lot of time and cannot lift or carry anything remotely heavy.

Its just damage in my neck and limits a lot of things I can do but I dont require any help with anything except lifting or carrying things.

I cannot sit without a neck rest for very long at all either.

TELLIT01

The big change when ESA came in was that people were then assessed on what they were capable of doing, not on what they couldn't do. Simply having a medical certificate for neck problems wouldn't automatically mean you qualified for ESA. You have said yourself that the neck problem only means you need help to lift and carry items so you were never likely to fulfil the requirements for ESA. That view is supported by the fact that you appealed the decision not to award ESA and that decision was upheld both at the mandatory reconsideration stage and the appeal. There is absolutely nothing you can do now about decisions made 4 years ago.
As has been said, you will no longer have any entitlement to Contribution based benefits because of the time you have not been working, and your wife's income will affect any entitlement to Income Related benefit.

(Text removed by MSE Forum Team)

wdj40

Yes thanks for that, just for the record I have applied for 100's of jobs and to this day I am still trying. I was even turned down a job at the job centre itself.

I worked since I was 16 and still at school and have had 2 jobs at once a couple of times in the past. 18yrs I was in work before this happened and then I was treated awfully by system.

So I am looking for work and for advice at the same time as well as complaining about the system (in fact I feel I am not complaining I am explaining my past a little). All the specialists advised not really to do much but I need to do something, I was a house husband for a while and did the school runs etc so at least I got to do that for a while.

I will carry on looking for work and maybe one day can find something, or it will get worse and at least I can have the operation that could cure, do nothing, kill or paralyse me.

I just saw the recent info about claimants back in 2014 and since that was the exact time I was claiming, just thought I'd see what was happening and if anyone had a similar background to mine.

I think I gave some wrong info earlier. It was the mandatory referral that was shrugged off at the time, I had no idea I could have taken it to a Court of Appeal at the time.