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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 2
    • epitome
    • By epitome 15th Sep 17, 7:56 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Ok.

    So what that means is, if you were to contact the ESA phone line on or after 06/11/2017 (but not before) to say that you want to make a new claim and that you want it backdated to 06/08/2017 as long as you have sick notes they WILL pay you from the date of your sick notes. It is best if you had continuous sick notes from 06/08/2017 because then you would be given 3 months arrears payment. Any sick notes already sent to the DWP for your existing claim will still be ok, you would not need to send them again .... TO DO THIS, HOWEVER, i.e. to make a claim in November 6th that will pay you, you would first need to close the existing claim that you have got now which is from 02/05/17.

    So you have to weigh up your options ....

    You can continue on your existing claim, attend the WCA, if you miss it again you will be penalised for another 6 months (unless you can show new or worsened) But if you attend, a report will be written, a DWP decision will be made, you will either pass or fail,
    If you fail, you can appeal...but you will not be paid on appeal.
    If you pass, they will pay you from 09/05/17

    Or

    2nd Option. You can close the existing claim that is not paying you before you get a WCA appointment..... then wait..... Then make a new claim on 06/11/2017 from 06/08/17, supply sicknotes.... and you will be paid for those sicknote periods.

    Or

    Your third option...is to stay on the existing claim & show evidence of a new or worsening condition again (letter from doctor or new condition on a sicknote) which is new or worsened since 05/05/2017...... A decision will be made, if they agree it is new or worsened, they will pay you on the existing claim as long as you continue to get sicknotes.

    Hope this Helps, now you know what options you have.
    Last edited by epitome; 17-09-2017 at 8:46 PM.
    • mikee.
    • By mikee. 17th Sep 17, 8:20 AM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:18 AM.
    • mikee.
    • By mikee. 14th Mar 18, 5:55 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:18 AM.
    • BorisThomson
    • By BorisThomson 14th Mar 18, 6:34 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    Can you give us a brief overview of your issue mikee, did you attend your assessment and get refused an award? When was this?

    Please be careful posting all that information online. Though you have blanked out your name, anyone that knows you could link so much detail together and identify you.

    (Looking at your notes they don't tell us anything, are they diagnoses or just your own thoughts on what could be wrong?)
    • mikee.
    • By mikee. 14th Mar 18, 7:47 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:19 AM.
    • epitome
    • By epitome 14th Mar 18, 9:21 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    I'm out of the Reconsideration window anyway
    Originally posted by mikee.
    I am reading what you posted, but just wanted to say, you are not outside the reconsideration window. You can submit a late request for a Mandatory Reconsideration and it will be looked at and you can then appeal... (I said above you would not be paid on appeal..I have not re-read the entire thread which would confirm why I said that).

    If you want to reconsider then you can either phone and request it by phone...you don't have to say anything other that "I want a mandatory reconsideration, I have nothing further to say"
    They are not allowed to say:
    "You can't you are too late"
    "put it in writing"
    "phone back when you have some reasons why you think it was wrong"


    or you could choose to put it in writing and have it scanned by job centre appointment.


    If you want to make a new claim you should ask for the medical report, any condition that was discussed at the medical would have to be worse. Any new condition that was not discussed at the medical would be ok.
    Last edited by epitome; 14-03-2018 at 9:28 PM.
    • Danday
    • By Danday 14th Mar 18, 10:19 PM
    • 354 Posts
    • 63 Thanks
    Danday
    Any new condition that was not discussed at the medical would be ok.
    Originally posted by epitome
    Just a point, does it have to be a 'new' condition. Could it be a new diagnosis of an old condition previously undiagnosed? Or could it be a condition that was in existence at the time of the claim and the assessment, but was not mentioned on the ESA50 and was not mentioned during the assessment.?
    That bit has always confused me as many don't always explain the effects of all of their conditions on the ESA50, some in fact keep something back in the hope that it can be treated as a 'new' condition later.
    • mikee.
    • By mikee. 14th Mar 18, 10:23 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:19 AM.
    • mikee.
    • By mikee. 14th Mar 18, 10:42 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:19 AM.
    • epitome
    • By epitome 14th Mar 18, 11:03 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Just a point, does it have to be a 'new' condition. Could it be a new diagnosis of an old condition previously undiagnosed? Or could it be a condition that was in existence at the time of the claim and the assessment, but was not mentioned on the ESA50 and was not mentioned during the assessment.?
    That bit has always confused me as many don't always explain the effects of all of their conditions on the ESA50, some in fact keep something back in the hope that it can be treated as a 'new' condition later.
    Originally posted by Danday
    It can be an old condition, as long as it was not considered and mentioned within the DWP medical report. Or any previous DWP medical report.

    It may be something that was mentioned on a med3 but not mentioned in the medical report....it is my understanding that it would still qualify as a new condition....I will try to confirm this tomorrow night. But it may also be a case of different decision makers applying the criteria differently..
    • mikee.
    • By mikee. 14th Mar 18, 11:12 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:19 AM.
    • epitome
    • By epitome 14th Mar 18, 11:13 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Is there a difference between what they might consider a condition and anything that I put on an ESA50 or that is not on a "fit note" i,e diagnosed? The TBI or late onset of such wasn't discussed at the medical.
    Originally posted by mikee.
    As far as I am aware, it has to be a recognised medical condition, that you declare on your new claim phonecall, and you send in sicknotes with it written on those. I will try to send you a PM this week or weekend.


    I have to thank you Epitome as I was hoping for a response from you and I hope you aren't currently working for DWP, nevertheless if you are you must be a shining light and if you aren't anyway your selflessness with helping peons like me is admirable. The same could be said for Boris I imagine.

    I'll have to PM the links to a Google Drive with the letters on I was referring to, for you to go over if you have the time, whether you do or not doesn't matter I just will do, makes no sense you trying to help when that information is readily available and could save some trouble.
    My inbox is full...which is why I can't PM you right now. And you can't PM me.
    • epitome
    • By epitome 14th Mar 18, 11:21 PM
    • 3,160 Posts
    • 1,915 Thanks
    epitome
    Can anyone enlighten me as to what it means when you get 0 to live on?

    That's not a death sentence?
    Originally posted by mikee.
    You have to claim a benefit that you are entitled to...in order to be paid.

    The law is written to disallow payments of ESA if you have failed to attend an ESA medical in the last 6 months before the claim is made.

    However, If you are waiting for an ESA medical without payment the DWP allow you to claim another benefit -which you must also be eligible for- while you wait for your ESA medical.... such as JSA or Income Support. or UC(looking for work)

    JSA you have to be looking for work.
    IS (carer or lone parent or young student)
    • mikee.
    • By mikee. 15th Mar 18, 1:24 AM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:19 AM.
    • pmlindyloo
    • By pmlindyloo 15th Mar 18, 10:40 AM
    • 11,502 Posts
    • 13,384 Thanks
    pmlindyloo
    mikee

    Epitome has given excellent advice but I am wondering whether you need some face to face help with this.

    Have you got a CAB near you or a MIND association who could help?

    At the moment it seems that if you want some money then you are either going to have to claim JSA/UC or make a new claim for ESA based on a new or worsening condition.

    I am also not sure whether you have done a mandatory reconsideration for your last ESA claim and have sent evidence for this?

    From your posts it seems to me that you are struggling to get your head around all this and that is why I suggested getting some face to face help.

    If you can get to CAB then you need to ask them to telephone the DWP on your behalf and find out exactly what stage you are at with your latest ESA claim.

    Once you know this then that claim can be sorted out with either a mandatory reconsideration or an appeal to the tribunal. Either way CAB can support you in this.

    The other thing is that you need medical evidence of your problems. I understand that you do not want to go to the doctors but is there someone who would go with you and explain to the doctor your concerns? Of course you may already have sufficient evidence for your ESA claim.

    It may be that your doctor will write a new fit note saying that your condition has significantly worsened which means that you could put in a new claim for ESA.

    There is also something called a Safeguarding Proceedings.

    http://www.cpag.org.uk/content/safeguarding-guidance-tool-practitioners

    This may be something that you could mention to CAB if you felt you fitted the description.

    It is extremely difficult to help someone from a forum as we do not know everything about you.

    Please go and get some professional help with all this both medically and with regard to your benefits (or lack of them).
    • mikee.
    • By mikee. 15th Mar 18, 4:52 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:20 AM.
    • pmlindyloo
    • By pmlindyloo 15th Mar 18, 5:13 PM
    • 11,502 Posts
    • 13,384 Thanks
    pmlindyloo
    Do you live with your parent(s)?
    • Ames
    • By Ames 15th Mar 18, 5:29 PM
    • 17,244 Posts
    • 30,376 Thanks
    Ames
    The guy at CAB should have referred you to see a benefit specialist, did he suggest this?

    His suggestion to claim PIP was a good one.

    There might be other places to get help. Do you have a DIAL near you? They might have benefit advisors. Or if there's a charity for your condition they might be able to help you.

    Is there anyone, friend or relative, who can help you get through the process of claiming? Help you to keep on top of post and paperwork and make sure you get to the medical assessment?
    Unless I say otherwise 'you' means the general you not you specifically.
    • mikee.
    • By mikee. 16th Mar 18, 3:52 PM
    • 21 Posts
    • 1 Thanks
    mikee.
    Post removed.
    Last edited by mikee.; 18-03-2018 at 9:20 AM.
    • BorisThomson
    • By BorisThomson 16th Mar 18, 4:22 PM
    • 1,586 Posts
    • 3,420 Thanks
    BorisThomson
    If DIAL can't come to you they may be willing to help by phone. You could email the documents to them to look through. The same with MIND.

    If you have email addresses for them, why not send a simple message to see what they might be able to do? Something like this:

    Hello

    I am having difficulty with my ESA claim and wonder if you could help me please? I have not had any payments since (date) and because of my health problems have not been able to sort this out myself. I am not able to visit you because I am housebound/ I cannot afford the bus fare (delete as appropriate). Is it possible to arrange a home visit or for you to call me please?

    My health condition is (insert health condition). I can send you all my paperwork by email if this would be helpful.

    If you are not able to assist me, could you recommend another organisation that might please?

    Thanks very much,

    Mikee
    Keep your first message simple. They are very busy so need to be able to see your problem very quickly.
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