contribution based ESA is being stopped after a year

[Gill C]

I've had a phone call from Job Centre Plus confirming that contribution based ESA is being stopped once you've claimed it for a year. For me that means virtually immediatly (1st May) as I have been claiming for almost 2 years.

I can't claim income based ESA as Ian works more than 24 hours so its either JSA & signing on or appealing to be put into the support group for ESA. I'm currently in the WRAG (work related activity group)

Just thought you should be aware that this is happening

[Lin-lin]

I've just sent you a PM....

*steam coming out of ears* !!!!!!

[sallym25]

Hi Gill,

I didn't see this post till now. I got my letter today saying mine ends on 30th April. I am very shocked by it and I now see it's been mentioned in the green room too. ( Had my head in the turkish sand again I guess. )

You mentioned appealing to be put in the "support group". What is the difference in the groups and how does one qualify for this?

I've been struggling financially since The massive gas bill 2 months ago, and still have a balance outstanding on it. Kept my spirits up by telling myself once that's out of the way I will be better off. NOT NOW! That will be my income down to £95 per week. How can they expect me to get by with that. There surely must be something in line to replace it?? John works more than 24hrs pw too. It doesn't seem fair that I paid all my taxes and NI for all those years to be told I am only allowed to contribute minor things to the family lifestyle now. Wish I had the ability, energy and motivation to earn sufficient wages and cover all the household chores again.

[Gill C]

Sally I think its a case of earning more points on the medical - not sure but I think you need 24 for the support group. Basically for me it means saying I'm worse than I was over 12 months ago. I am due a medical soon as I'll stay in the system despite them not paying me anything Crazy.

The Job centre plus sent me an another form which is a request to be reassessed, ESA 10/11 so I guess you could ask them to send you that form. I have no idea how we are supposed to manage either, apparently cos I have been sick for more than a year I am entitled to nothing, zip,zilch, nada - how does that work then?? I do not want to sign on as I have barely enough enery to make one or two cards, do the school run & cook a meal. The computer course I was doing for 2 hours a week just zaps me completley so I guess I could work 2 hours a day or so but how many jobs are that few hours?

[sallym25]

Me again,

Called the benefit people this morning and am being sent a form too. Not exactly sure what it's for. Couldn't follow what the man was saying to me. Wasn't sure if that was down to his accent or my inability to keep up with conversation. I had my medical last week so cant do anything about that now. Am concerned that he didn't test the visual field as I think thats where I got my points at the first assessment a long time ago. On a good note, the doctor had a bad stutter and I wonder if that's a brain issue too, which would have possibly made him more understanding of neuro problems.

I am sooo disappointed by all this and wonder why anyone would go to all the bother it involves to try to make claims for anything they feel they aren't really entitled to:confused:.

Sally. x

PS.. so glad to see you're onto this Lynne.Think we'll need your specialist advice on it. x

[donnamarie]

Im not sure if the system in northern ireland is different but i was told if i got through my appeal i would still be entitled to contribution based untill april 13 as it only starts from this april so it wont affect people who were on it for a year but im in the support group too so this may be why :confused:

[SarahLou]

This is such a big stress and worry to all of us that this effects.

I've no idea how we will cope, it's a struggle enough as it is.

I will have no choice but to be forced into working more hours.

Oh joyous times ahead.

I shan't say any more as I don't have enough spoons to rant and rave.

What will be will be, I guess.

Big deep breath and count to ten!

Take care,

SarahLou Xx

[Sandi K]

I dont live in the UK so I'm commenting as an outsider. Sounds to me like the government are a bunch of bullies picking on people with brain injuries who don't have the mental capacity (aren't at their full mental capacity as they are recovering) or energy to fight back. Shameful.

Sandi K. Xoxoxxo

[Louise]

Are you sure its stopped or dont you just have to re-apply, I'd look into that because I dont think thats right Gill....

[donnamarie]

Well I got my results of my medical and scored a big fat 0 . I am been sent out the appeal form from my support worker but I. Honestly don't think I have the energy or nerves left to do this. Have sat done with the books and there is no way we can afford just hubbies wage I'm so angry don't even think it would have been so bad if I had got a few points but. Othing is X&@£! I have little enough help with stuff from docs etc and this is just the icing on the cake feeling so low and lonely

[sallym25]

you're not alone Donna,

Hubby and I have talked finances again tonight. We have no chance of managing on only his wage. We are now considering selling the house and getting a flat. I would really miss having my garden too.

I have had another two letters today. One tells me they have received my request to appeal and the other says something along the lines of them holding an arrears payment while they query having made an overpayment!!! Can't speak for you, but I know I'm well baffled by that one. :confused::confused::confused:

I printed a copy of the DWPs guide to ESA- work capabillity assessment. On assessing myself, hubby and I agreed I should have at least four 6s in there. Their assessment gave me one 6. They made a whole load of statements about what I can do and what I said I had done but completely omitted to mention anything negative I added there.I am livid and have decided I will go for it in full battle mode. Left the gas ring on today again and started a register of anything I do wrong. Made an appointment at the opthalmologist to finally register myself partially sighted ( forget the driving then) and will be asking the phycologist and doctor for reports now.

The most annoying thing is that I had to do all this before and won. I guess it's possible I may have to do it forever at regular intervals. Will they ever work out that I can't explain it cos I don't understand it either.

Get your suit of armour dusted down right now lady. xx

Hope you feel better in the morning.

Sally.xxx

Ps, I can't find any section which relates to loss of eyesight! I think that should get me another 6 too.

Edited April 20, 2012 by sallym25

[Winb143]

All I know is that if you are sick..and need financial help you should get it..We as a country help others out..but cannot

help our Brain injury people out(I say Brain injury as I cant talk for others )....we are fighting to get better....We need help ...until we get better

I know this sounds bad but before we help other countries shouldn't we put our own country in order ?

What's the point of paying contributions..then when we need help the goverment switches off !!! ggrrrrrrrrrrr

Love

WinB143 xxx Good luck All xxxx

[sallym25]

Hi again,

I've now got a second bundle of forms. Once again I'm not sure they're the ones I am looking for.:confused: Says on the front I " want to be considered for income related ESA. Nope... that's not right! I want them to reconsider my application for the same income unrelated one I was already on! I paid my contributions faithfully for 30 years. ( even when the parcel delivery company insisted on classing me as "self employed" ). I see they have a sentence in there which states I must have paid full class 1 or class 2 for the last 2 tax years? as I have been unemployed since SAH 3 years ago now. that would rule me out of it. Help?? Is there anything I can claim at all for my "limited capacity"? Which I DO have even if they can't seem to recognise it without new reports from all sorts of ologists etc.

Any suggestions would be gratefully appreciated.

Sally.x

[Scoobs]

Hi all

Well I sugested to the girlfriend for her to kick me out then I'd be homeless I think I'd get some help then councils don't realise we need help just till we get back on my feet an back to work

[Gill C]

Well I got my medical report back & am stunned to find I have scored no points at all. Nothing for only having single vision (which score 6 points last time) & nothing for my back problem (which he didn't want to talk about) which scored 6 points as well last time. Am furious as he is saying stuff that isn't true, I opened the door with my left hand - not true I am right handed & would never open the door with my left hand. He also states the lower limb function was normal but he never examined me below the waist!!

I am going to appeal for sure!!

[Gill C]

http://www.parliament.uk/business/publications/business-papers/commons/early-day-motions/edm-detail1/?session=2012-13&edmnumber=295∨

just seen this on FB so have emailed our local MP asking why she hasn't supported the motion!!

[Macca]

1) Always appeal

2) Always complain (ie initial letter said an explanation would be sent under separate cover - appeal period has now passed and still haven't had it so complaining about that and how do they expect us to mount an appeal if they haven't told us fully why the benefit stopped)

3) Always copy your MP (and the MP for the benefit you are claiming) in. They hate MPs enquiries.

4) Always ask for a full explanation of the decision including legislation and relevant sections, case law that relates directly to your case

5) If your situation is the same as before ask why the difference and what is the change? Then dispute it.

6) Ask for the name and qualifications of the doctor that examined you.

7) DWP use a French company ATOS to carry out the medicals - question their integrity and their motives for finding people fit for work - ie is it because they get paid for everyone they find fit? Hardly fair if that is the case? Are they biased?

Get yourself a welfare rights worker to represent you

9) Doctors supply 'expert medical opinion'. Get your doctor to dispute their doctor's findings - it is only opinion after all and your doctor knows you far better than theirs ever will.

9) Ask them to disclose all the documents in your case, including internal notes and guidance used - you can ask for this under Data Protection and Freedom of Information

You may or may not win, but it will keep them busy and you will get a full explanation for the decision so at least you will know even if you don't agree

How do I know? Just been through the same process with a family member!! Still waiting for the tribunal to happen so I don't know what the outcome will be - was just determined not to give up and to fight the decision. They found my relative fit for work as 'you don't have any limited capability for work' - she has cerebral palsy. Enough said. Hope this helps - if it doesn't well at least you tried and it will keep them on their toes

Someone just said to me nappies(diapers) and politicians should be changed regularly and both for the same reason!

Good luck

Macca

[Macca]

This is what I've discovered - we're going through this with a family member - but fight the decision, it is the only way to get it changed.

1) Always appeal

2) insist on doing everything in writing ( they try to get you to do it all on the phone now - if you do ring insist on a transcript of the call - you'll be amazed at how many times you get lied to when you examine it) Courts and tribunals love documents. When it is in writing it cannot be denied what has actually been said.

3) Complain about any inconsistencies and do it separately. They pride themselves on good customer service and complaints affect their standing. Your letter must say 'this is a complaint' or they won't count it as one. I've put four in so far. Their initial letter said they would send an explanation in a separate letter. To date we haven't had it and complained about that, How do they expect me to appeal if they haven't told us why etc? In that same letter they said further down that I had to ask for the explanation, so I complained about that - separately so it counts as two complaints, keeps them busy and puts them under pressure for a change! Now I've complained because they still haven't replied two weeks after my last letter - it getss registered as another complaint and weakens their good customer service rubbish

4) If on the phone, always complain about the amount of time you had to wait to be put through and that you had to explain the whole thing to the call handler again and that the service is not good enough

5) Always ask for the all papers in your case from the decision to the legislation, case law, internal guidance, memos

6) The medical is conducted by a doctor. It is expert medical opinion. Their doctor is employed by ATOS, a french company and they get paid by how many they get off the books. question their impartiality in your complaint/appeal Get your own doctor to contradict their opinion by saying you are not fit to work, they know you far better than any doctor of theirs

7) Write to your MP and the Minister responsible for this, currently Maria Miller the MP for Basingstoke - they hate MPs enquiries

Keep a diary of what goes on - record everything and keep copies of everything

9) Argue the toss about everything - they hate it, but they started it by being unreasonable - be unreasonable back

10) In your letters put in the effect it has had on your life, thedesperation, destitute etc it gets read out at the tribunal and embarrasses the life out of the Department

They found my relative fit for work - amongst other things she has, she has cerebral palsy and scoliosis (sideways curvature of the spine) - Enough said - fighting it all the way cos she can't do it herself, let alone go to work. If we lose it won't be for lack of fighting, they can't be allowed to get away with this - we've all got to make them see sense - they are picking on the wrong people

Good luck - hope this helps - will let you know the result when we get it

Macca

[Macca]

Here's a link to the Guardian newspaper about a judicial review re mental health issues and the Work Capability Assessment

http://www.guardian.co.uk/society/2012/jun/29/judicial-review-work-capability-assessment

Hope it helps

Macca

[Lin-lin]

Perfect Macca! I agree with everything you say.

To add insult to injury… ATOS are sponsoring the Paralympics this year(?!!)

Hope the assessors don’t watch the games…. They may sanction all the competitors!!!

[Macca]

Hope they're not doing it on the back of taxpayers money paid to them. I notice in the newspaper article they lose 40% of appeals so it is worth doing.

Macca

[sallym25]

Hello folks,

I got a letter yesterday, They have looked at my claim again and found in my favour. :-D:-D:-D

A call this morning verified I will be getting a payment in my account within a week! :-D:-D

I am really excited about this news, but in all honesty still a bit apprehensive. Not sure I can trust them to have got this one right. I was getting contradicting letters and info from two different departments for so long, I feel sure the others are about to follow up with news of errors and cancel it again. The lady on the phone this morning says I am now in the Work related activity group. I was under the impression that, the only way they could pay me anything after a year on contribution based ESA was if I went into the support group. Was this the wrong thing to believe? I sooo hope so now. On another occasion, during a call to ask them how much longer it was likely to take, she told me it had already been forwarded to tribunal. My letter of yesterday contradicts that and says it wont be sent there as they have changed the decision. Baffled I am. :confused: I will be terrified to use any of the money now in case they ask for it back.

Incidentally, It has taken them six months to do this and amazingly the letter I got on the 2nd of the month was dated the 1st. I've never had anything mailed from them that quickly before. How about WE start insisting they have the 28 day window they specify for our end of the paperwork issues.

So , here i am , fit to burst but scared and desperate to get myself excited.

Just proves though that no one should ever just accept their decisions. Always always fight it!

Edited October 15, 2012 by sallym25

[donnamarie]

That's great news Sally !!!!! I got my appeals forms through and they didn't change it so I'm going for an oral appeal can't believe it !!! They didn't get my doctors letters until the 24th which states I'm unfit for work and a risk to me and others but they still didn't change there mind think I'm going to have to get an mp or someone on my side as I'm screwed

Donna:devil:

[Gill C]

Sally I think you are right to be wary, I was told if you are on WRAG & have had more than a year of ESA it will stop immediately. There is a chance however that you will have your NI paid by the government which will help with your pension.

My ESA stopped in May/June & I was called for a medical recently. I did leave it a long while to appeal but I wrote to them & asked to appeal, they wrote back & said why had I left it so long. I wrote again & told them of the issues regarding concentration & forgetting the date I had to reply by. I fully expected to have to go to tribunal but oddly they wrote to me just about 2 weeks after getting my letter saying they would pay my NI for me, no mention of the appeal so I can only assume that I was given it on the basis of my letter.

Having done a tribunal I was gob smacked that they overturned the decision on the basis of the letter which leads me to think that perhaps that Dr has done something or not done something according to the rules! On my tribunal I had letters from thhe neuro physch & my gp but was still asked to attend the appeal!! Their own rules seem to be inconsistent (something I said in my letter when I was given nothing for vision -apparently even with my right eye covered I have perfect sight!!)

If I hear any more about an appeal I will update of course xxx

[sallym25]

Quick visit here.

Have totally lost the plot now. got aMassive £111.01 paid into my bank. Called them, waited 38 mins in the queue before finally being advised they "couldn't take my call" and i should " call back later"