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  • FIRST POST
    • Littlelola
    • By Littlelola 7th Feb 18, 11:24 PM
    • 10Posts
    • 1Thanks
    Littlelola
    ESA has been stopped
    • #1
    • 7th Feb 18, 11:24 PM
    ESA has been stopped 7th Feb 18 at 11:24 PM
    I am new on here and I wonder if anyone on here can help me. My husband has been on the sick with worked related stress for ten months now. At first he was getting SSP from his place of work but that only lasted 28 weeks. Doctor insisted he wasn't fit for work and he had to claim ESA. First time in 30 years hes been om the sick amd claimed anything and they are acting like its some sort of crime. Within weeks of being on ESA we were told he's have to have medical. He was called in for one and we took written evidence from doctor and reports. Woman wrote everything down. That was a couple of weeks ago , now today we get a call to say they are stopping ESA as he has been declared fit for work. I told them he wasn't but woman on phone says we would have to claim jobseekers allowance . I told them he still had a job but just couldn't go back to it yet. She said he could claim job seekers allowance under new rules. What does she mean? We have three young children this has got us worried sick. It's done nothing for his stress levels if anything they've pushed him further over the edge he's already on medication and awaiting counselling . I'm grateful for any help you can give as we know nothing about benefits.
Page 1
    • venison
    • By venison 7th Feb 18, 11:35 PM
    • 2,171 Posts
    • 2,318 Thanks
    venison
    • #2
    • 7th Feb 18, 11:35 PM
    • #2
    • 7th Feb 18, 11:35 PM
    You can request a "mandatory reconsideration" MR but must do that within 4 weeks, sooner the better, its possible that will change nothing in which case you can "appeal" again within 4 weeks, might be a good idea to see if you can get help from CAB or welfare rights(if you have one locally).

    might help:
    https://www.gov.uk/guidance/new-style-jobseekers-allowance
    Last edited by venison; 07-02-2018 at 11:37 PM.
    Ex Board Guide
    • Littlelola
    • By Littlelola 8th Feb 18, 12:36 AM
    • 10 Posts
    • 1 Thanks
    Littlelola
    • #3
    • 8th Feb 18, 12:36 AM
    • #3
    • 8th Feb 18, 12:36 AM
    Thank you for your help I will look into that.
    • Littlelola
    • By Littlelola 8th Feb 18, 12:37 AM
    • 10 Posts
    • 1 Thanks
    Littlelola
    • #4
    • 8th Feb 18, 12:37 AM
    • #4
    • 8th Feb 18, 12:37 AM
    I'm also worried that if he has to claim job seekers allowance they will stop our tax credits
    • lakes17
    • By lakes17 8th Feb 18, 1:08 AM
    • 270 Posts
    • 269 Thanks
    lakes17
    • #5
    • 8th Feb 18, 1:08 AM
    • #5
    • 8th Feb 18, 1:08 AM
    10 months is a long time to be of work
    Are work in touch with your husband as it's possible they could start going down the dismissal route on grounds of capability which would explain the comment from dwp about claiming job seekers allowance
    • lakes17
    • By lakes17 8th Feb 18, 1:28 AM
    • 270 Posts
    • 269 Thanks
    lakes17
    • #6
    • 8th Feb 18, 1:28 AM
    • #6
    • 8th Feb 18, 1:28 AM
    Not sure about tax credits but someone more knowledgeable wil be along. Best of look with your mandatory reconsideration and possible appeal.
    • Muttleythefrog
    • By Muttleythefrog 8th Feb 18, 3:12 AM
    • 11,925 Posts
    • 22,705 Thanks
    Muttleythefrog
    • #7
    • 8th Feb 18, 3:12 AM
    • #7
    • 8th Feb 18, 3:12 AM
    If you are going to ask for mandatory reconsideration and failing that an appeal (to independent tribunals service) thereafter.... make sure to focus on the evidence (make sure you get the evidence used.. especially the assessment report) and the criteria in relation to the Work Capability Assessment. Try to get supporting evidence if you can in relation to the disability descriptors you think relevant in the case. Others here are better for advice on the more general issues of what to claim in the meantime.
    "Do not attribute to conspiracy what can adequately be explained by incompetence" - rogerblack
    • deannatrois
    • By deannatrois 8th Feb 18, 4:53 AM
    • 5,418 Posts
    • 7,596 Thanks
    deannatrois
    • #8
    • 8th Feb 18, 4:53 AM
    • #8
    • 8th Feb 18, 4:53 AM
    I hope this helps http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute

    Particularly the section headed 'Claiming JSA Pending An ESA Dispute'

    Tax Credits should still apply. Are you in an Area where Universal Credits are Paid.
    Last edited by deannatrois; 08-02-2018 at 7:17 AM.
    • poppy12345
    • By poppy12345 8th Feb 18, 6:11 AM
    • 2,830 Posts
    • 2,789 Thanks
    poppy12345
    • #9
    • 8th Feb 18, 6:11 AM
    • #9
    • 8th Feb 18, 6:11 AM
    I am new on here and I wonder if anyone on here can help me. My husband has been on the sick with worked related stress for ten months now. At first he was getting SSP from his place of work but that only lasted 28 weeks. Doctor insisted he wasn't fit for work and he had to claim ESA. First time in 30 years hes been om the sick amd claimed anything and they are acting like its some sort of crime. Within weeks of being on ESA we were told he's have to have medical. He was called in for one and we took written evidence from doctor and reports. Woman wrote everything down. That was a couple of weeks ago , now today we get a call to say they are stopping ESA as he has been declared fit for work. I told them he wasn't but woman on phone says we would have to claim jobseekers allowance . I told them he still had a job but just couldn't go back to it yet. She said he could claim job seekers allowance under new rules. What does she mean? We have three young children this has got us worried sick. It's done nothing for his stress levels if anything they've pushed him further over the edge he's already on medication and awaiting counselling . I'm grateful for any help you can give as we know nothing about benefits.
    Originally posted by Littlelola
    You'll also need to take a look the the descritors for each of the ESA groups. WRAG he'll need to score at least 15 points or reg 29 (exceptional circumstances)

    Support Group isn't about scoring points, it's about satisfying at least one of the descriptors or reg 35, again (exceptional circumstances)

    All descriptors and reg 39,35 are here.
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1354-work-related-activity-group-descriptors
    https://www.benefitsandwork.co.uk/employment-and-support-allowance/esa-glossary/1353-support-group-descriptors
    http://www.cpag.org.uk/content/making-exception

    Once you've looked at the above links you'll be able to focus the MR or Tribunal, if it gets that far on which group you think he should be placed into and why.

    As has been said you'll need evidence to prove all of this, unfortunately a GP fit note saying he's unfit for work isn't enough.

    Good luck.
    • FBaby
    • By FBaby 8th Feb 18, 7:17 AM
    • 16,726 Posts
    • 41,341 Thanks
    FBaby
    My husband has been on the sick with worked related stress for ten months now.
    Was it the place he worked out that was bringing on the stress? If so, is the issue that he is feeling stressed at the prospect of going back? If so, looking for another job seems to be the right thing to do. If working brought on stress that was so bad, being off for 10 months didn't sort it out, then he really needs to look into cbt and indeed looking at starting with some form of employment, or at least voluntary work as the longer he just avoids what stressed him in the first place, the worse it will get.

    (Text removed by MSE Forum Team)
    Last edited by MSE ForumTeam5; 08-02-2018 at 8:42 AM. Reason: Medical advice
    • Littlelola
    • By Littlelola 8th Feb 18, 7:45 AM
    • 10 Posts
    • 1 Thanks
    Littlelola
    My husband's work related stress was due to him getting bullied. He got suspended from work because of these people for something he didn't do and it took until a month ago before it came to panel. All sorts went wrong. The bullying didn't stop and work wasn't helpful. They kept cancelling meetings and whole thing took longer than it should. Anyway bullies won and he got written warning. The whole thing has had a huge amount of stress in his health. Because everything took so long and evidence was missing from the case HR decided that the warning and keeping his job was best. He can work in different department of his work and he will have to go back but his mental health state at the moment he just can't do it.
    Thank you for everyone who has posted and I will look at everything you have suggested.
    • Alice Holt
    • By Alice Holt 8th Feb 18, 10:59 AM
    • 2,148 Posts
    • 2,507 Thanks
    Alice Holt
    I would suggest getting help from your local CAB / advice agency with the appeal.
    CAB's are very busy - mainly volunteer staffed and there is a huge demand for their services. There is likely to be a wait - just be patient & persistent.

    This is a good guide to the appeal process - (it's about PIP but the ESA appeal process is virtually the same):
    https://www.advicenow.org.uk/guides/how-win-pip-appeal

    Here are the ESA descriptors:
    http://www.mybenefitsandwork.co.uk/med2/indexxx.php

    This may be important for your husband - "Because of your physical or mental health condition or learning disability, there would be a substantial risk to the mental or physical health of any person, including you, if you were found not to have limited capability for work. And the risk could not be reduced by a significant amount by reasonable adjustments being made in your workplace or by your taking medication to manage your condition that has been prescribed by a registered medical practitioner who is treating you.". It's known as Reg 29, and you can be awarded ESA on Reg 29 even if you don't score 15 points on the descriptors.
    http://www.cpag.org.uk/content/making-exception

    More info on ESA & appealing:
    https://www.citizensadvice.org.uk/benefits/sick-or-disabled-people-and-carers/employment-and-support-allowance/while-youre-getting-esa/challenging-an-esa-decision/

    https://www.rethink.org/living-with-mental-illness/money-issues-benefits-employment/employment-support-allowance

    It's important to know if you are in a Universal Credit area:
    https://ucpostcode.entitledto.co.uk/ucdate

    If your husband isn't up to claiming JSA / UC - then one tactic is to get the MR in asap ((https://www.leicester.gov.uk/media/178163/mandatory-reconsideration-request.pdf)
    Chase the DWP up for their response (an MR Notice), and then lodge the appeal
    ( http://formfinder.hmctsformfinder.justice.gov.uk/sscs1-eng.pdf ) with the Tribunal Service (TS) asap. Once the appeal with the TS has been lodged you can ask the DWP to resume ESA payments pending the appeal hearing.
    http://www.cpag.org.uk/content/benefit-during-employment-and-support-allowance-dispute - (Restoration of ESA pending appeal paragraph).

    If you are in a UC area, then get advice from your CAB before you claim UC. It is often better to remain on ESA pending appeal.

    Expect your at MR stage the decision is remain unchanged. Most appeals go forward to the TS.
    Last edited by Alice Holt; 08-02-2018 at 11:01 AM.
    • Icequeen99
    • By Icequeen99 8th Feb 18, 11:28 AM
    • 3,548 Posts
    • 2,400 Thanks
    Icequeen99
    I'm also worried that if he has to claim job seekers allowance they will stop our tax credits
    Originally posted by Littlelola
    It depends - what tax credits are you claiming? Do you work? Do you get any working tax credit elements included on your claim? (You might not be paid WTC but it might be on your award notice)

    IQ
    • Littlelola
    • By Littlelola 8th Feb 18, 2:12 PM
    • 10 Posts
    • 1 Thanks
    Littlelola
    We get child tax credits at the moment but I read somewhere that it stops on certain benefits. We are living in this at the moment.
    • xylophone
    • By xylophone 8th Feb 18, 2:29 PM
    • 25,585 Posts
    • 15,114 Thanks
    xylophone
    he can work in different department of his work
    I wonder whether it would be worth exploring this and requesting shorter working hours/shortened working week on medical grounds?

    This would also provide time for appointments for counselling/therapy to assist him to return to full time work?
    • Littlelola
    • By Littlelola 8th Feb 18, 8:23 PM
    • 10 Posts
    • 1 Thanks
    Littlelola
    We were thinking about that too even if it's just for a while. Would he get extra benefits if he cuts his hours down?
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