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Help required with ESA


sja75
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Hello

 

Could somebody kindly help as I have some queries. I ask that you don't judge my situation.

 

I have being claiming ESA since July 2011 for Alcohol addiction, depression and anxiety. These health issues are years old.

 

In November I was assessed by ATOS which later awarded Nil points. I submitted an appeal which upheld the ATOS' decision. So I applied for a tribunal.

 

Throughout this time I have being submitting sick notes to the DWP.

 

In April I received papers from Tribunals Service posting them back to request a hearing. I still haven't heard about hearing date although they did advise me that a waiting time of nine to thirteen weeks. It's been about sixteen weeks now...

 

Due to my condition I am house bound. Only going when its necessary, going to shops close by. Before I go out I have to be intoxicated to reduce anxiety levels, its self medication.

 

I am concerned about the hearing as its in another town and due to my condition I don't think I could do it.

 

When I attended ATOS I went with my Project Worker from the Salvation Army for support. I lived at the hostel after losing my home. Now I am living independently once again thankfully, living in a hostel was hard.

 

In addition to this I have being involved with Work Programme Provider even though I am ESA. They referred me to another agency. I have meeting with there Rep every two weeks or so. He has being encouraging me to address my issues mentioned above since November 2011. I think this is mandatory as he has mentioned sanctions if I don't go to AA meetings as a minimum. He has also mentioned that they could force me into rehab. What options do I have? Tbh the chap I have being dealing with has being ok although he is leaving and he is handing me over to his Area Manager next week. Which is a concern.

 

When I left the hostel I applied for a Community Care Grant. This was denied as I was getting contribution based ESA. Prior to my ESA I was getting income based JSA. For the first couple of months I was sleeping on the floor, I had nothing, until out of the blue a tax rebate arrived from 2005 and 2006 and that saved me.

 

I was advised by the DWP that my CB ESA has now ended during in July 2012 and will become IB ESA. Can I or should I reapply for the Community Care Grant. I do feel outdone.

 

Going back to my ESA claim. I have paid at the assessment rate throughout. Can I back payments for the period outside of the 13 week assessment period?

 

Any advice would be appreciated. Many thanks.

 

Regards.

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Why are you on the work programme if you're still on assessment rate?

 

Providing you meet the other criteria, you should be able to get a community care grant whilst on income based ESA.

 

 

Hello

 

I don't know if it is Work Program or not. The initial request to attend was via the work programme provider. I attended there a few times until they referred me to another agency. Strangely when I meet the rep at the other agency its always being at the work programme provider's office.

 

I have always attended fearing sanctions

 

Thank you for your consideration

Edited by ErikaPNP
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Hello

 

I don't know if I should re-apply for the Community Care Grant now as the tax rebate saved me. However until that point I was in the s#*t.

 

I do feel outdone regards that. The rebate was for £1330.26 which set me up with the basics. As I say I was income based JSA and they put onto contribution based ESA, which is now income based ESA. I was CB ESA when I applied for the CCG.

 

Should I apply for a CCG now would I be doing anything wrong legally?

 

It just bugging me that other IB based ESA claimants got CCG financial support whereby I didn't. I wouldn't have attempted to claim it if I had the means at the time.

 

What can I do.

 

Many thanks

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Although I can recall signing forms with the other agency upon being transferred by the work programme provider..

 

I was intoxicated at the time and I didn't get any copies as to what I signed. I have always being intoxicated in the meetings I have with them to manage my anxiety.

 

It would appear I am bound to these guys. As I say I just thought it is mandatory I attend, fearing sanctions.

 

I got sanctioned in the past, which I had overturned, whilst on JSA hence my fears.

Edited by ErikaPNP
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By the way.... I am not a criminal. Never being in prison. The most I have are speeding fines 15 years ago.

 

I had to use the Salvation Army hostel as I had nowhere else to go after losing my privately rented home. The owner of said privately rented home abandoned it which left me in a situation.

 

I understand that the Salvation Army is used by those just out of prison, I know this as I have first hand experience.

 

Please don't judge me. Thanks

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Hi HB

 

Which paperwork are you referring?

 

If its the other agency's paper's, I don't have what he made me sign. Other than that, I have all.

 

Thank you for your consideration.

Edited by ErikaPNP
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Hi HB

 

Which paperwork are you referring?

 

If its the other agency's paper's, I don't have what he made me sign. Other than that, I have all.

 

Thank you for your consideration.

 

OK, thank for that. Let's hope they aren't too important.

 

HB

Edited by ErikaPNP
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Illegitimi non carborundum

 

 

 

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sja75, don't feel marginalised here and your personal circumstances or issues are completely immaterial to CAG. I think the main reason that you haven't had much response is because we're not entirely sure what you are asking. At times like this we tend to go all silent and shuffle about in a corner of the room and try not to look embarrassed. Would you mind, perhaps, rephrasing what you've asked into maybe one or two very short questions? And don't forget, many of us who might try to help or advise are also seriously ill ourselves and can find reading long posts confusing or too time consuming...

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Ok thanks

 

My queries are...

 

1. Am I obligated to attend these meetings and what powers do they have over me.

 

2. I don't feel I could attend the tribunal. However I am aware that attending a tribunal in person I would be twice as likely to succeed than not attending. How can I get around this?

 

3. Should I expect back dated ESA?

 

4. Should I apply for a CCG?

Edited by ErikaPNP
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Hello again. Thank you for post #18, that does make it easier. :)

 

I think I can help with 2. Yes, attending is better. I didn't want to either, but the panel were professional and believed what I told them about my condition. Have you spoken to the CAB or Welfare Rights, because they can represent people. They're busy, so you need to get into the system.

 

There's also an advocacy system that I don't know much about but should be online if you google it.

 

Is there a charity that helps people in your situation that would help you?

 

Lastly, have you seen the forum sticky about how to write a submission document for the tribunal?

 

My best, HB

Illegitimi non carborundum

 

 

 

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Ok thanks

 

My queries are...

 

1. Am I obligated to attend thesemeetings and what powers do they have over me.

 

2. I don't feel I could attend the tribunal. However I am aware that attending a tribunal in person I would be twice as likely to succeed than not attending. How can I get around this?

 

1, Yes you are as a condition of your ESA is that your are in therapy/management for your addiction. Ask them to fully explain what that means in your case.

 

Drug users and alcohol abusers - Clause 9 and Schedule 3 of the Act provide for problem drugs users and those who have problems with alcohol to be directed to make, and comply with, a rehabilitation plan. In some circumstances they could also be required to undergo drug testing.

 

2, you can't unless you start to think and ask for help. In fact you should 1st ask (edited) for help!

 

Now is this (edited) (weblink edited)? If it is then it's not strictly Work Program in the nasty Ingus thread sense. It's what is called a "Condition Management Program" (CMP) More about that later.

 

There may be a welfare organisation/charity/friend service who can accompany you if that helps? Taxi there? whatever ask your provider.

 

Now what is a CMP? A CMP is a total life package for a claimant that tries to assist with all aspects of that persons life to eventually get them back into to work. When they get a job the assistance continues for as long as they need it.

 

Read more on them here http://www.dwp.gov.uk/docs/cmp-lessons-learned.pdf

 

Now have a read then start asking questions about what you want to get out of this and how? Also how to best make use of the organisations around you to make your life a little bit easier. Hell it will not be an over night miracle and is quite scary at 1st. But you never know until you try it.

Edited by ErikaPNP
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Hi HB, thanks for the reply

 

I will look into your advice.

 

I am a newbie here, what's a submission document and what's sticky?

 

Here's a link.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?251737-Appealing-or-going-to-a-Tribunal-Some-useful-information%282-Viewing%29-nbsp

 

HB

Illegitimi non carborundum

 

 

 

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Thanks SF...

 

That's quite a sizable document! I shall read it later.

 

Going back to them.. I have being on ESA since July last year and I am still in the assessment phase. I was referred to them by another around November last year meeting them on a bi weekly basis to current date.

 

Is this mandatory even though I am still in the assessment phase? Thanks

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