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    • kingfisherblue
    • By kingfisherblue 11th Apr 18, 8:24 PM
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    kingfisherblue
    ESA claim for my son
    • #1
    • 11th Apr 18, 8:24 PM
    ESA claim for my son 11th Apr 18 at 8:24 PM
    So, the time has finally arrived. My son is twenty years old next week, and child benefits stop, so I've claimed ESA today on his behalf. I'm his appointee as he has a severe learning disability and numerous other conditions.

    It took about five minutes on hold before I was able to speak to a call handler, then around thirty minutes giving details. The time scale for dealing with his claim is fairly quick for the initial part of the process. I'm aware that the actual assessment may take longer than the stated thirteen weeks, but that doesn't worry me.

    I did find it a bit emotional towards the end of the call. Even though my son has been disabled since birth, and will never be cured, it seemed so final to claim a benefit for him being unable to work. We all have hopes and aspirations for our children. Mine for my son are a little different to the hopes that I have for my other two children. For the time being, I'd like him to continue enjoying his SEN course at college, and maybe one day learn to recognise all of our current coins without mistakes. I'd like him to continue to enjoy travelling on his special needs bus with his friends, and for us to find a social activity that is suitable for him. I'd like him to carry on enjoying life, and eventually to be able to attend a good day provision after his college course ends.

    In the short term, I'm hoping that my son's ESA is awarded without any problems. I'm fairly confident that it will be. People tend to post more about difficulties in claiming than successes.
Page 1
    • poppy12345
    • By poppy12345 11th Apr 18, 8:30 PM
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    poppy12345
    • #2
    • 11th Apr 18, 8:30 PM
    • #2
    • 11th Apr 18, 8:30 PM
    So, the time has finally arrived. My son is twenty years old next week, and child benefits stop, so I've claimed ESA today on his behalf. I'm his appointee as he has a severe learning disability and numerous other conditions.

    It took about five minutes on hold before I was able to speak to a call handler, then around thirty minutes giving details. The time scale for dealing with his claim is fairly quick for the initial part of the process. I'm aware that the actual assessment may take longer than the stated thirteen weeks, but that doesn't worry me.

    I did find it a bit emotional towards the end of the call. Even though my son has been disabled since birth, and will never be cured, it seemed so final to claim a benefit for him being unable to work. We all have hopes and aspirations for our children. Mine for my son are a little different to the hopes that I have for my other two children. For the time being, I'd like him to continue enjoying his SEN course at college, and maybe one day learn to recognise all of our current coins without mistakes. I'd like him to continue to enjoy travelling on his special needs bus with his friends, and for us to find a social activity that is suitable for him. I'd like him to carry on enjoying life, and eventually to be able to attend a good day provision after his college course ends.

    In the short term, I'm hoping that my son's ESA is awarded without any problems. I'm fairly confident that it will be. People tend to post more about difficulties in claiming than successes.
    Originally posted by kingfisherblue
    As he already claims a disability benefit and he's in college then he'll automatically have a limited capability for work. (WRAG) He will still need to be assessed for the limited capability for work related activity ( Support Group)

    Good luck and i hope it's straight forward for you too!
    • kingfisherblue
    • By kingfisherblue 11th Apr 18, 8:34 PM
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    kingfisherblue
    • #3
    • 11th Apr 18, 8:34 PM
    • #3
    • 11th Apr 18, 8:34 PM
    As he already claims a disability benefit and he's in college then he'll automatically have a limited capability for work. (WRAG) He will still need to be assessed for the limited capability for work related activity ( Support Group)

    Good luck and i hope it's straight forward for you too!
    Originally posted by poppy12345
    Yep, the chap on the phone explained it, and I'd done some research on it beforehand. There won't be any problem getting ESA, and hopefully he'll be put straight intot he support group. The call handler actually told me that if he was put into WRAG, to ring the number on the letter to ask for MR. It seems that being my son's appointee actually helps as well, which is something that I hadn't considered.
    • nicetomeetyou
    • By nicetomeetyou 12th Apr 18, 1:54 PM
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    nicetomeetyou
    • #4
    • 12th Apr 18, 1:54 PM
    • #4
    • 12th Apr 18, 1:54 PM
    I think having a appointee does help. I have one from social services and when I got called to my ESA medical (which I was in and out the building in 15 minuets as I was told I shouldn’t been called) the assesser didn’t ask me any financial questions at all.
    • kingfisherblue
    • By kingfisherblue 12th Apr 18, 5:00 PM
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    kingfisherblue
    • #5
    • 12th Apr 18, 5:00 PM
    • #5
    • 12th Apr 18, 5:00 PM
    I think having a appointee does help. I have one from social services and when I got called to my ESA medical (which I was in and out the building in 15 minuets as I was told I shouldn’t been called) the assesser didn’t ask me any financial questions at all.
    Originally posted by nicetomeetyou
    It isn't just financial questions that my son will not be able to answer. If I'm lucky, he will tell the assessor his name, although the assessor might not understand the answer, due to my son's speech difficulties.

    Apart from this, my son finds it very difficult to understand all but the most basic of questions, and even then, he can find questions distressing because people tend to speak at a normal speed, rather than slowly. If he becomes distressed by anything, he will drop his head into his hands and try to hide his face. Hopefully the assessor will allow him to sit and colour, without speaking.
    • CHRISSYG
    • By CHRISSYG 12th Apr 18, 6:33 PM
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    CHRISSYG
    • #6
    • 12th Apr 18, 6:33 PM
    • #6
    • 12th Apr 18, 6:33 PM
    Remember to get a sick note from the GP to cover the assessment phase they must be continuous.
    Karma bus the most satisfying ride in town
    • kingfisherblue
    • By kingfisherblue 12th Apr 18, 6:37 PM
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    kingfisherblue
    • #7
    • 12th Apr 18, 6:37 PM
    • #7
    • 12th Apr 18, 6:37 PM
    Remember to get a sick note from the GP to cover the assessment phase they must be continuous.
    Originally posted by CHRISSYG
    On my list, but thank you. I've been told that I need to get a sick note for my son. Our GP retired last week (I found out a couple of days ago, via Facebook!), so we'll have to see a different one at the surgery. I don't know how longh a sick note lasts. Will they provide one for the full thirteen weeks assessment phase, or is it only for a month at a time?
    • Ames
    • By Ames 12th Apr 18, 6:46 PM
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    Ames
    • #8
    • 12th Apr 18, 6:46 PM
    • #8
    • 12th Apr 18, 6:46 PM
    On my list, but thank you. I've been told that I need to get a sick note for my son. Our GP retired last week (I found out a couple of days ago, via Facebook!), so we'll have to see a different one at the surgery. I don't know how longh a sick note lasts. Will they provide one for the full thirteen weeks assessment phase, or is it only for a month at a time?
    Originally posted by kingfisherblue
    I think the first one can only be for a few weeks (I can't remember how many, 4 rings a bell) but after that they can be for three months at a time.

    Your son's GP will know, s/he'll presumably give the longest one they can each time.

    You keep sending them until you have an ESA decision.

    The DWP will send you a reminder, but the reminder letter doesn't usually arrive until after the old one has run out...
    Unless I say otherwise 'you' means the general you not you specifically.
    • kingfisherblue
    • By kingfisherblue 12th Apr 18, 6:51 PM
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    kingfisherblue
    • #9
    • 12th Apr 18, 6:51 PM
    • #9
    • 12th Apr 18, 6:51 PM
    Thank you Ames. That's really helpful. I'll have to keep a note on the calendar then. Just another thing to add to the list

    On another note, my son's college has told me that he is entitled to a bursary of £1000 a year once he is in receipt of both ESA and PIP/DLA. They even have a member of staff to help you fill in the forms.
    • poppy12345
    • By poppy12345 12th Apr 18, 7:16 PM
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    poppy12345
    As your son will automatically have a limited capability for work then fit notes may not be needed for as long as 13 weeks, but i don't know for sure. Usually those with a LCW don't need them. He will then be assessed for the Support Group.

    ETA...silly me the assessment phase is 13 weeks and everyone needs fit notes for this, sorry my brain isn't working this evening.
    • w06
    • By w06 12th Apr 18, 10:39 PM
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    w06
    If he's a full time student and also receives PIP or DLA he doesn't need a fit note at all to claim ESA
    • poppy12345
    • By poppy12345 13th Apr 18, 6:33 AM
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    poppy12345
    If he's a full time student and also receives PIP or DLA he doesn't need a fit note at all to claim ESA
    Originally posted by w06
    Thanks. That's what i originally thought because he already has LCW. Then i confused myself with the 13 week assessment phase
    • kingfisherblue
    • By kingfisherblue 13th Apr 18, 4:16 PM
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    kingfisherblue
    If he's a full time student and also receives PIP or DLA he doesn't need a fit note at all to claim ESA
    Originally posted by w06
    ESA have requested one for the assessment phase.
    • w06
    • By w06 13th Apr 18, 4:30 PM
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    w06
    He isn't entitled to one and doesn't need one. If he can get one it might be worth just doing as they ask, but as a full time student on PIP he doesn't need one (I claimed ESA last year without one)
    • kingfisherblue
    • By kingfisherblue 13th Apr 18, 4:35 PM
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    kingfisherblue
    I don't think that I'll have a problem getting one. It's not really a problem, and I have to take my son to the GP for something else anyway.
    • w06
    • By w06 13th Apr 18, 4:46 PM
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    w06
    path of least resistance wise really. If his GP says no (there is an issue with being a student and sick notes) just reiterate the rules to the ESA folk, one of us can dig out the regulation that says he doesn't actually need one.
    • Alice Holt
    • By Alice Holt 13th Apr 18, 6:14 PM
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    Alice Holt
    This organisation would be able to supply that regulation:
    https://www.disabilityrightsuk.org/how-we-can-help/helplines/disabled-students-helpline
    And may be useful in other ways.
    • Alice Holt
    • By Alice Holt 13th Apr 18, 6:19 PM
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    Alice Holt
    Right
    I think this may be it:
    Regulation 33(2) of the Employment and Support Allowance Regulations 2008 (SI 2008/794)
    • w06
    • By w06 13th Apr 18, 7:47 PM
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    w06
    Alice beat me to it and is right, bottom of page 39 at this link

    http://www.legislation.gov.uk/uksi/2008/794/pdfs/uksi_20080794_301117_en.pdf:

    Additional circumstances where claimants are to be treated as having limited capability for work

    33(1) For the purposes of paragraph 4(1)(d)(ii) of Schedule 1 to the Act, a claimant is to be treated as having limited capability for work on any day in respect of which that claimant is entitled to statutory sick pay.
    (2) For the purposes of an income-related allowance, a claimant is to be treated as having limited capability for work where;
    (a) that claimant is not a qualifying young person;
    (b) that claimant is receiving education; and
    (c) paragraph 6(1)(g) of Schedule 1 to the Act does not apply in accordance with regulation 18.

    paragraph 6(1)(g) of Schedule 1 to the Act does not apply in accordance
    with regulation 18 means they DO receive DLA or PIP
    Last edited by w06; 13-04-2018 at 7:49 PM. Reason: flipping formatting
    • kingfisherblue
    • By kingfisherblue 14th Apr 18, 9:22 AM
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    kingfisherblue
    Thank you both. I'll see what the GP says when we go, but if he refuses, I can quote the above to the ESA people.

    Your help and the time spent giving it is appreciated - I could have been in a pickle without the above details if the GP refuses
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