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  • FIRST POST
    • mikee.
    • By mikee. 12th Sep 17, 7:03 PM
    • 21Posts
    • 1Thanks
    mikee.
    Help advice with ESA
    • #1
    • 12th Sep 17, 7:03 PM
    Help advice with ESA 12th Sep 17 at 7:03 PM
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:15 AM.
Page 1
    • BorisThomson
    • By BorisThomson 12th Sep 17, 7:05 PM
    • 1,586 Posts
    • 3,427 Thanks
    BorisThomson
    • #2
    • 12th Sep 17, 7:05 PM
    • #2
    • 12th Sep 17, 7:05 PM
    You really need to edit your post so it's easier to read. There is an edit button on your post for you to do this.
    • mikee.
    • By mikee. 12th Sep 17, 7:12 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    • #3
    • 12th Sep 17, 7:12 PM
    • #3
    • 12th Sep 17, 7:12 PM
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:15 AM.
    • poppy12345
    • By poppy12345 12th Sep 17, 7:15 PM
    • 2,928 Posts
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    poppy12345
    • #4
    • 12th Sep 17, 7:15 PM
    • #4
    • 12th Sep 17, 7:15 PM
    Your post is extremely difficult to read. Is there any reason at all why you've left it so late to fill in that form and return it? You only have 3 days left to do this and it's highly likely it's not going to arrived by the 15th. If it doesn't arrive by this date then it's likely that you'll be found "fit for work" and you'll have to ask for a Mandatory Reconsideration.
    • mikee.
    • By mikee. 12th Sep 17, 7:31 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    • #5
    • 12th Sep 17, 7:31 PM
    • #5
    • 12th Sep 17, 7:31 PM
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:16 AM.
    • epitome
    • By epitome 12th Sep 17, 7:48 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    • #6
    • 12th Sep 17, 7:48 PM
    • #6
    • 12th Sep 17, 7:48 PM
    Hello Mikee,

    Quick Question...as you are online now...
    You are on ESA now, and sending in sicknotes? yes/no
    You are currently getting paid ESA? yes/no
    What medical condition does it state on your sicknotes?

    Whilst you answer those qu's I will be reading your long opening post and see if I can give you any advice...
    • poppy12345
    • By poppy12345 12th Sep 17, 7:49 PM
    • 2,928 Posts
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    poppy12345
    • #7
    • 12th Sep 17, 7:49 PM
    • #7
    • 12th Sep 17, 7:49 PM
    Thanks for your reply poppy I've edited it and hopefully it's a little better, some of the reason's I hope are clear in my post but perhaps a better way to put it is that it just seem's futile. Also that I find it hard to leave the house and going to the doctor's and any other such place is daunting. I start to shake profusely in certain situation's and it's gotten so bad I even so much as almost forget how to physically put one leg in front of the other or my brain stop's working, once I'm out of the house and had an anxiety attack like that it doesn't go away. I guess I could send the letter by special delivery if they will accept it that way.
    Originally posted by mikee.
    Yes better to read, thanks. Do you not have anyone to support you when you go out? My concern is that you haven't filled that form in and you only have 3 days left for it to arrive and they're very complex to fill in. I always advice others to get help to do this and always have help from CAB when i have mine. They're very strict with ESA50 forms and they won't extend the time either. You can try recorded delivery (signed for) it will still take the same amount of time to get to the correct department but at least it will be signed for to say it's arrived, it may or may not help. Others may have some advice for you. Good luck.
    • mikee.
    • By mikee. 12th Sep 17, 8:00 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    • #8
    • 12th Sep 17, 8:00 PM
    • #8
    • 12th Sep 17, 8:00 PM
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:16 AM. Reason: Removed some personally related information
    • epitome
    • By epitome 12th Sep 17, 8:33 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    • #9
    • 12th Sep 17, 8:33 PM
    • #9
    • 12th Sep 17, 8:33 PM
    Ok, I read all that, And I note from your other reply to my questions what your sick note says.

    A few facts for you:
    1. You have been granted an entitlement to ESA, And assuming you did claim the correct one which is ESA IR, and not claimed only ESA Conts. You will -or should be- entitled to payment of ESA but you will need sick notes to get paid. You say you sent one in for 2 weeks... Well that should have gotten you 1 week of payment, 57 - 73 if you have not had payment it means they did not receive your sick note, you should phone ESA and ask them if was received and if payment was issued..if not why not... You should then get a new sick note from the **same doctor ** who will be able to back date your sicknote to the expiry date of the 1st one, you should then hand the sicknote in to the jobcentre who should scan it to ESA... If you do this you should get a few weeks of payment from the start of your claim.

    2. You have 3 days to return your ESA50. However, as your sicknote says depression, the deadline for the ESA50 does not apply to you, it will not matter if it is late. But obviously, you need to get it done by someone who can help as soon as possible. This is why your previous claims to ESA were not closed for fail to return form, I assume from what you wrote above, you made a claim to ESA, you did not send any sick notes, you did not get paid (because you did not send sick notes) you did not return the ESA50 and the DWP did not close your claim for Fail to return the ESA50 (because you have mental health issue) instead they eventually closed your claim for FTA. You can confirm this by phoning CHDA and asking them is my referral marked with Mental Health = yes? Or ask ESA to confirm this for you. But at the end of the day if your sick note does say that and that is the medical condition on which your claim was made, then it should say "yes" to mental health whether or not you can get anyone to actually confirm it to you.

    2a. Also CHDA can help you to fill in the ESA50 over the phone 0800 2 888777 they will make an appointment with you to call you back, where upon you can dictate your answers to the questions to them, they can explain what the questions mean but they cannot advise you what to say. They are not impartial like the C.A.B. would be so you might not want to do it this way, but if you really are stuck then this will be better than not returning the form at all.

    3. I am not an expert in filling out an ESA50 for Mental Health, so I am not going to comment on that. Others here should be able to advise on that, or you should go and see your local MIND (if there is one) or local Welfare Rights office or local CAB office.


    4. To be sure not to miss the next WCA (medical) you should ensure that any change of address is notified by you to ESA.
    You should also make sure ESA and CHDA 0800 2 888777 have your correct mobile number.
    You should also phone CHDA 0800 2 888777 every week on the same day every week and ask them "Has an appointment been made for me yet?" if you do this, it will be impossible for you to not be aware of when your medical assessment appointment will be.
    Last edited by epitome; 17-09-2017 at 8:38 PM.
    • Alice Holt
    • By Alice Holt 12th Sep 17, 10:44 PM
    • 2,260 Posts
    • 2,635 Thanks
    Alice Holt
    Also that I find it hard to leave the house and going to the doctor's and any other such place is daunting. I start to shake profusely in certain situations and it's gotten so bad I even so much as almost forget how to physically put one leg in front of the other or my brain stops working, once I'm out of the house and had an anxiety attack like that it doesn't go away.
    Originally posted by mikee.
    Put this on the form. It may be that S29 or S35 of the ESA regulations apply. These are around significant risk to your health if you were found fit for work - some more info here:
    http://www.cpag.org.uk/content/making-exception
    There isn't a specific question on this in the form - so explain in the additional info / pages section
    how your mental health would be affected if found fit for work (S29) or required to do Work Related Activity (S35).

    Some info on completing the form:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/help-with-your-esa-claim/fill-in-form/
    https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/work-capability-assessment/the-health-questionnaire
    https://www.benefitsandwork.co.uk/images/image/samples/esa/mh_wca_may13.pdf

    Good Luck
    • mikee.
    • By mikee. 12th Sep 17, 11:21 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:16 AM.
    • mikee.
    • By mikee. 12th Sep 17, 11:23 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Thank you Alice
    • mikee.
    • By mikee. 13th Sep 17, 3:03 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:17 AM.
    • mikee.
    • By mikee. 13th Sep 17, 3:05 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:17 AM.
    • epitome
    • By epitome 13th Sep 17, 8:02 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    * It is not within 12 months of a FTA that they do not pay you....It is within 6 months.

    * The recent rule change back in 2015 was that if you fail a medical, and appeal and lose an appeal, you cannot claim again with the same condition, your condition must have worsened or be different...it was a long time ago so I may not be entirely accurate. ..and they stopped people from being paid on the 2nd appeal for having been found fit for work.

    * I need to know -on the most recent claim- what date you contacted ESA to make the claim? ... Did you do the claim by phone? or on ESA1? ....you said you claimed last month...August? I really need to know what date you phoned them to make the claim... and what date you said you wanted to claim from? If you don't know, you can phone ESA and ask them and they will be able to tell you. If it was an ESA1 claim it is a little more complicated but for them to find out you tell them to look at screen JA504 and the top date is the date they received the form and the date underneath is the date you are claiming from.

    From your letters above..:
    I see that they agreed to pay you in July 2016 due to a worsening condition (the overdose) ...They could not pay you from Aug 3rd because you had claimed JSA. They did not pay you 28/07/16 -04/08/16 due to the waiting days on ESA, but your JSA claim should have had no waiting days. Had you not claimed JSA they would have paid you ESA, too late now.

    " Employment and Support Allowance
    Thank you for contacting Jobcentre Plus and making a claim to Employment and Support Allowance on 3rd September 2017."
    Was that a typo by you? As the date is out of context on a claim made 3rd Feb 2017 ??

    also
    Why do they say !!!8220;we cannot pay you!!!8221; and then go on to say to !!!8220;continue to receive!!!8221; ugh
    Because you are not entitled to payment of ESA but you are entitled to receive ESA National Insurance Credits.

    You have not put up the letter that says:...I really need this letter...
    From JobcentrePlus...<date of letter>
    We cannot pay you employment Support allowance....This is because we asked you to attend a WCA on xx/xx/xxxx and you failed to attend this appointment.
    If you don't have it then phone ESA and ask them to tell you from DMACR (prounounced Dee-maker) what was the date of the most recent FTA WCA decsion (not including Man Recon decisions, the most recent "Original Decision for FTA WCA"

    Is it ok if I PM you when I have freed up some space in my inbox? I will post on this thread when I do send a PM.
    Last edited by epitome; 13-09-2017 at 8:27 PM.
    • mikee.
    • By mikee. 14th Sep 17, 12:15 AM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:18 AM.
    • epitome
    • By epitome 14th Sep 17, 9:49 AM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Ok, so you have a contact date of 02/08/2017

    And we need to find out the most recent date that an original decision (i.e. not a Man Recon decisionn date) was made for FTA.. Make sure they look in DMACR to get the exact date of decision....

    I do have more advice for you, which I am witholding until you give me this date.
    • mikee.
    • By mikee. 14th Sep 17, 11:09 AM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:18 AM.
    • epitome
    • By epitome 14th Sep 17, 8:06 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Sorry Mikee,

    That is not clear enough... Was it the appointment that you missed that was on 05/05/17 ?

    Or was the decision to disallow your claim made on 05/05/17 ...for example because you missed an appointment on 28/04/2017 ?

    I need the date of the decision, and you need to be absolutely sure you are giving me the correct date of the decision.

    Which is why I asked you to ask them to look in DMACR to get the esact date of the decision.

    I accept you may have already done what I asked you to do, but your last post is not telling me it was the date of the decision.
    • mikee.
    • By mikee. 15th Sep 17, 6:20 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:18 AM.
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