ESA Form

[Gill C]

Just got my ESA medical form through, is it better to get some help from CAB or DIAL to fill it in?

[Lin-lin]

Just got my ESA medical form through, is it better to get some help from CAB or DIAL to fill it in?

I have had no dealings with DIAL so cannot comment. I wonder whether they are a telephone service only? If so, they will not be able to help you completing the paperwork as such. I stand corrected if they have local offices which you can visit; but my instinct is that they are an advice line.

The CAB have benefit specialists who you can attend upon in person and they can help you with the forms. The general way a CAB office works is that they have drop in centres. You don't need to make an appointment.

You will initially meet with a 'Gateway Assesor', whose job it it to deal with the array of problems that people bring to the CAB on that particular day.

The Assessor will help you as much as possible on the day, but will then, if appropriate, make an appointment for you to see an adviser. This may be within a week or so. If there are time limits on your paperwork from the DWP, it is possible to telephone the Benefits Agency and request an extension to enable you to take legal advice.

I am aware of an organisation called 'Welfare Rights' whom the CAB frequently refer people to. I have not dealt with them personally, but my understanding is that they can arrange for representatives to attend medicals/ tribunals.

It's often beneficial to defer benefits forms and queries to specialists so that they can sort them out. Since they deal with matters of this nature everyday, the paperwork is not daunting to them; and often it is important to get the language and tone of the wording correct.

We see so many people lose points on their forms for simply using words such as 'coping' and 'managing.' If you are 'coping' it's not often thought that you have an incapacity to work(!)

It's a minefield Gill - give the forms to someone else - you've had enough headaches this year and you don't need a metaphorical 'pain in the neck' too!

Lynne

[Gill C]

Thanks so much lin, lots of info there just what I needed. Our locl DIAL has an office which I used for my DLA form filling but you hve to make an ppointment & they are really busy so you hve to wait a few weeks.

I am thinking bout going back to work but it does worry m that it might be too soon but I feel pressurised to try at the moment. PLus my car is on it's last legs so to buy another I need to be working, but I want to work around school hours (I don't want to work only during term time though) so I think there will be lots of interest in that type of work. I have visited a few websites today looking but nothng suitable so far.

[Louise]

My friend got the Welfare Rights to help her with DLA she says their very good....

luckly Ronnie had been used to filling in forms in the job he did but if I had to I'd get intouch with the Welfare Rights people as they really helped my chum out.....

[Lin-lin]

I'm eager to get back to work too. You're in a similar position to me in that we will not be returning to a previous employer.

Instead, we will be competing in the employment market with people who have no health concerns.

In view of the fact that we are at a definite disadvantage, (cognitive difficulties, reduced stamina, fluctuating good and bad days,) the task of persuading an employer at interview may be difficult.

This is the point of ESA. It's far from a perfect system, but help from the government exists for help people like us, because getting back into work is difficult for a healthy person, let alone someone recovering from ill health.

You can do voluntary work whilst claiming ESA and even earn £95 pw whilst on it. (Keep an eye on this with the new government, however; the welfare bill is subject to lots of reform.)

Voluntary work is a good way to phase yourself back into work. I started volunteer work in July - eight months post SAH. There is no contract of employment and you can please yourself with the hours.

Being at home all day can sometimes fool us into thinking that we are better than what we are. A day at work is tiring, particularly if you have to repeat the process more than once in the week.

Volunteer work is a process to get me 'work fit.' It's my 'physical and mental training' before I'm unleashed into the world of proper work! Athletes always train for an event; this is the same principle.

It would be perhaps different if we were returning to a previous employer who would make concessions for our ill health; but that's not our reality.

You are entitled to this benefit Gill and so it's entirely appropriate that you look into it. You can even look for work whilst on it and so I think it's worth putting the forms in. You've got nothing to lose.

Did you know that around 9 billion pounds goes unclaimed in benefits each year? We don't hear so much about that in the House of Commons, do we

Lxx

[Gill C]

Thing is I have no ide where to start with my CV which is pre SAh & doesn't contain info from my last job (Sage & Export/import etc) but I'm loath to sell myself as I feel I my come short of how I used o be in work! I know medical questions are a no no during an interview but I have always been honest on my CV & don't want to chnge that now.

As for voluntary work I would give it go but would need something office based as I'm not good on my feet all day. Is there somewhere specific to find voluntry jobs? how do the job centres behave if you are doing voluntary work as a phase in to 'normal' work??

It's all so bloomin comiplicated post SH isn't it??

[Louise]

I had hoped once to go back to work sadly wasnt the case but that dosnt mean others cant....

[Lin-lin]

If you google a generic search, such as 'volunteering opportunities,' a list of websites appear.

There are an array of office opportunities within volunteering. My voluntary work is office based and I start at 10.30 am because of my insomnia.

There is no contradiction with someone claiming ESA and doing voluntary work. The purpose of ESA is to help people back into work from ill health. The Job Centre encourages it.

[Super Mario]

Bagpuss, you may have a local volunteer centre that will have a job sheet. If so you will find loads of different opportunities advertised.

[Super Mario]

Bagpuss, these will be helpful.

http://www.portsmouthccs.org.uk/index.php?option=com_content&view=article&id=209&Itemid=269

[JayKay]

I'm eager to get back to work too. You're in a similar position to me in that we will not be returning to a previous employer.

Instead, we will be competing in the employment market with people who have no health concerns.

In view of the fact that we are at a definite disadvantage, (cognitive difficulties, reduced stamina, fluctuating good and bad days,) the task of persuading an employer at interview may be difficult.

This is the point of ESA. It's far from a perfect system, but help from the government exists for help people like us, because getting back into work is difficult for a healthy person, let alone someone recovering from ill health.

You can do voluntary work whilst claiming ESA and even earn £95 pw whilst on it. (Keep an eye on this with the new government, however; the welfare bill is subject to lots of reform.)

Voluntary work is a good way to phase yourself back into work. I started volunteer work in July - eight months post SAH. There is no contract of employment and you can please yourself with the hours.

Being at home all day can sometimes fool us into thinking that we are better than what we are. A day at work is tiring, particularly if you have to repeat the process more than once in the week.

Volunteer work is a process to get me 'work fit.' It's my 'physical and mental training' before I'm unleashed into the world of proper work! Athletes always train for an event; this is the same principle.

It would be perhaps different if we were returning to a previous employer who would make concessions for our ill health; but that's not our reality.

You are entitled to this benefit Gill and so it's entirely appropriate that you look into it. You can even look for work whilst on it and so I think it's worth putting the forms in. You've got nothing to lose.

Did you know that around 9 billion pounds goes unclaimed in benefits each year? We don't hear so much about that in the House of Commons, do we

Lxx

Lin lin always puts it so brilliantly!! I agree, staying at home you think "oh I'm much better now" and then as soon as you do anything you realise you're anything but. I had this conversation with my partner YET AGAIN yesterday: I do a bit of work for the Consultant I used to work for, I take her phone calls on a mobile, write down messages and liaise with her; and sometimes I pull the notes for her clinics and do some filing.

Well, yesterday I did this for her and did about two hours. Got home EXHAUSTED and it's only a 3 minute walk from my house.... I can't seem to break that two hour barrier and my partner just can't understand why I want to, but I WANT to get back to work. I hate having to count every penny being on ESA, not that I was loaded before anyway!

Anyway, when I originally filled in the ESA form I got help with a lady from Age UK as I was a volunteer there. I also had discovered I could have a home visit from a CAB worker to do it. It took us 2 1/2 hours and I was shattered at the end of it. I did get my ESA but then got found fit for work at the medical (don't even get me started on that!) and am now in receipt of the lower amount pending the appeal.

Don't give up!!

[tracy]

Can I claim ESA if my husband is working and earning a good wage.

I was planning to go back to work part time this year as my daughter is now old enough to cope in hospital on her own now she is 12. I have been her carer since birth so stayed at home since my husband can support us.

But had planned to get something just before my SAH. But not sure if I qualify for ESA because i wasnt working before.

Tracy S xx

[Gill C]

I don't think you can claim contribution based ESA but you could claim the jobseekers part of it if you're looking for work. Other than tha I think you could claim carers allownce.

[Louise]

Hey Tracey

If ESA is the old incapacity benifit then I get that, there's no harm in finding out nothing lost nothing gained.

[Lin-lin]

Tracy,

Benefits are so confusing. I’ll try to simplify the rules concerning ESA for you.

ESA is the new Incapacity Benefit (IB). New claimants don’t receive IB anymore, it’s being phased out.

The purpose of ESA is to give people who are suffering ill health a replacement income because they’re too unwell to go out and work. If you are too unwell to earn an income, it is only correct that the Government help, because without assistance people would be impoverished.

There are two types of ESA.

1. Contribution based

2. Income based

Contribution based

This is for people who have made National Insurance Contributions i.e people who have been in employment.

What normally happens to employed people who find themselves unwell, is that they first receive Statutory Sick Pay; and when 28 weeks has elapsed, they move onto ESA.

Income based

There are some people who fall ill when they are already unemployed. It would be unfair for these people to remain on Job Seekers Allowance because a component of that would be that they have to actively seek work. Otherwise their benefits will stop.

People already unemployed therefore receive Income based ESA.

Applying this to you Tracy, if you have not worked for many years, (I’m guessing 12 years?) you would not qualify for contribution based ESA.

Income based ESA is means tested and your husband’s income would be calculated as being your income too.

For you to qualify for income based ESA, you/your husband must be on a low income; have under £16,000 in savings and your husband must not be working more than 24 hours per week.

You can double check with the DWP on their phone number 0800 055 66 88

Lynne

[Gill C]

I have medical for my ESA on 16th Dec, any tips?

[Super Mario]

Can't remember whether I have replied to this or not. If I have, sorry.

Think very carefully before answering any questions as this short film made by Birmingham University will show you. I know it is about mental health issues but the principle is the same.

http://www.ceimh.bham.ac.uk/tv/benefits.shtml

Also beware of the doctor not recording the answers you give but what they think you mean to say.

ATOS do not have a good record of getting it right.

[Louise]

Gill, its years since I went for the medical be honest if you find things difficult say its kind of like filling in the form I got asked at mine to stand, close my eyes and lean forward the man would catch me!!!! I told him much as I trusted my husband I wouldnt do that for him (actually the brain wouldnt let me even if) ....... good luck.....

[Lin-lin]

I have medical for my ESA on 16th Dec, any tips?

The main tip that I have for you is to be aware of the ethos behind the medical, so that you understand why it is happening and therefore the likely result of it.

ESA replaced the old Incapacity. There is a huge misconception in society that people claiming Incapacity are lying about their health problems and are lauding it on benefits at the expense of the tax payer. I am not saying that there are not dishonest people out there, but they are such a small minority and the situation is presented as a far greater problem than what it really is.

The purpose of the medical is to sieve out the 'liars.' The way the medical assesses this is as follows.

It is thought (and Ian Duncan Smith intimated as such in the Commons recently,) that those who are lying about their ill health will not appeal the medical decision. This means that far more people fail the medical than what should, with the idea being that the liars will not appeal and the honest people will. The appeal tribunal is generally considered a fairer process, with more people passing.

To pass your medical, you need 15 points. However, the questionnaire the doctor works from is very closed and s/he cannot deviate to discuss your problem broadly. They are just ticking 'yes' or 'no' on a computer. Also, the maximum points you can receive for each area is 12 points. So even if you get a full score for your incapacity, you are still going to be three points short.

Many deserving people fail their medical. Don't take it personally, it is just the process. If you fail, get someone at the CAB to prepare your appeal, which is an easy form filling exercise for a specialist.

When the appeal is lodged, your benefit will be re-instated at the lower rate at @ £60 pw. The appeal date will probably be in March/April, if not later. The system is quite blocked at the moment, indicating how many people 'fail' their medical.

I am not saying for one moment that you will fail your medical. However, I simply want you to be aware of why you might.

Lots of people become upset at the outcome of their medicals and feel that they are not believed when they 'fail'. Do not take it personally. Lots of people on BTG 'fail' their medical. It is annoying, frustrating and quite frankly insulting; but being aware of why it happens does help the way you deal with it.

I went into my medical with an open mind, reassured that it was not going to be the final decision and the appeal was in place if I needed it.

So my tip is as follows. Hope to pass. Don't be surprised if you fail. If you do fail, appeal the decision and let off steam here!!!

Good luck,

Lynne xx

[Gill C]

Many thanks Lynne as always, great advice. I am thinking i am likely to fail although based on the form I filled in I exceed the 15 points! Headway have said they will support me so hopefully after my assessment (which is just after the medical) they will be better placed to advise me etc.

[JayKay]

Very good advice Lynne!

I was devastated when I got a big fat ZERO points, even though I'd been warned I'd probably fail. I took it really personally, especially as at the time I was still getting very angry and emotional at things.

I did my own appeal but what I did is go through the points one by one and reiterate what I'd put on the form, and then put in brackets how many points I thought I should have got. I got a return letter saying they upheld the doctor's decision so we are proceeding to the Tribunal.

Since then I've talked to a lady at the CAB and she has been very helpful but she did say that my appeal was exactly how they would have done it and they had nothing to add. She also said they can't represent anyone at the Tribunal, which I think they might have done in the past. I will take my other half with me and that's the best I can expect....

In the meantime, you might remember that I wrote to my MP on the recommendation of the Stroke Association. He wrote to DWP and I actually got an apology from Atos. I'm now waiting to see if that affects my claim as they admitted my medical didn't take all my issues into account.

Good luck to anyone doing this!

[Lin-lin]

My understanding is that Welfare Rights can send an advocate to accompany you at the tribunal.

The CAB can in certain circumstances, but you have to be within a certain income bracket.

Someone in my situation, i.e. single, living alone and on benefits would qualify for representation at a tribunal by a CAB representative. This qualification is allowed under the Legal Help scheme, or Legal Aid as it is sometimes referred to.

However, if I were married or cohabiting, this would mean that the household income is higher and it is likely that I would not qualify for representation. (Unless the partner in question was on benefits and then I would qualify.)

If the CAB cannot send an advocate, but you would like a specialist to accompany you, try contacting Welfare Rights, because they may be able to help, irrespective of the household income.